Open carry in your own house?

[philip964]

Well I came up with an odd question. It started quite innocently this morning. My front door has a lot of glass around it, but the door is solid. I am dressing in the bedroom and I notice two men are at my front door, just standing there. No door bell or knock. They left and later I learned, when I walked the dog, they were with Jehovah Witness. I'm not sure why they did not knock or ring the door bell and decided to leave. With all the glass and it being dark inside they may have figured no one was a home and did not see me peeking around a corner a ways away.

However, for a second, before I saw the white shirts and ties, the mind imagines all kinds of things, kick robbers being the most troublesome.

So thus the question, can I come to my own front door inside my house with my gun in my hand pointed at the floor, finger pointing forward, if I am visible from outside through a window? Or would this be considered brandishing?

[Pug]

There is no law stating "open carry is illegal" in you home (or elsewhere). What the law in Texas says, is "carrying a handgun on or about your person" is illegal. Openly or concealed, loaded or not, having a handgun on or about your person in Texas is illegal unless you meet one of the statutory exemptions. Having a concealed handgun and a CHL is one of those exemptions. So is being on property you own or control. However, if the JW's felt threatened and called to report your open carry, even in your own home, it would very likely be treated as "brandishing a firearm" and you would end up having a lot of splaining to do...

[TexasFlash]

....the up-side, however, would probably be a much shorter sales pitch..
Dave

[Beiruty]

have the pistol in its holster OWB srong side should be better idea, in your house.

[Skaven]

I actually had an issue with a group of Mormon missionaries at my apartment. I open carry regularly in my home, because I live in an apartment complex where I don't feel safe unless my piece is strapped to me. It was dark outside and I was cooking. I hear a frantic beating on my door, and I hear my girlfriend yelling at me, MIKE HELP! So I drop everything, run to the door and open it, she bursts in just as two figures with black clothing come up behind her. I put one hand on my gun (which is OC in a serpa blackhawk) and asked them what their purpose was. (I live an an apartment that is separated away from all the others. The only people that ever walk on my sidewalk are people that are coming to my door.) After I realized who it was, I told them to wait, I disarmed, and then went out and talked to them. I told them look, it might not be the best idea to be running around in this apartment complex, especially at night, and especially in all black clothing, that they should probably come back during the daytime so that they wont be making anyone nervous.

[JP171]

in a holster would be best, however you may carry in your home, on your property and it does NOT have to be concealed. The mere presence of a visible handgun is not ahem"brandishing" or flagrent display. an LEO may tell you that he is going to disarm you if he recieves a complaint, and will probably give a hard road to go over it but you have comitted no offense, if you are in your home and have it in hand when you answer the door and they call, the LEO may also give you a bit of a hard time but again you have comitted no offense. your home and property under your control are exemptions and have been for many years.

[wgoforth]

There is no law stating "open carry is illegal" in you home (or elsewhere). What the law in Texas says, is "carrying a handgun on or about your person" is illegal. Openly or concealed, loaded or not, having a handgun on or about your person in Texas is illegal unless you meet one of the statutory exemptions. Having a concealed handgun and a CHL is one of those exemptions. So is being on property you own or control. However, if the JW's felt threatened and called to report your open carry, even in your own home, it would very likely be treated as "brandishing a firearm" and you would end up having a lot of splaining to do...

You may OC on your own property, or for that matter, at your place of business. Many gun dealers OC in their stores. Now, it may be decided it "causes alarm." Here is the actual law rederred to above, TPC says:

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

[GeekwithaGun]

I carry open on my property and in my home all the time, sometimes it is concealed under a shirt, but mostly open.

We had a salesman come and give a pitch about "investing" and I had my pistol in an OWB holster without a cover
garment. This is just normal to me and when I answered the door, he had a "pucker factor moment" and
asked if I was in law enforcement. I think he was just a tad uncomfortable sitting accross the table from me.

[PappaGun]

I OC in my house.

Not in a holster, but in my hand as I go from room to room.

I don't want to leave it sitting in room while I go to another and that's the moment I need it.

If I need to answer the door it's in my hand behind me and they are none the wiser.

All of my doors are glass so I can see if I know the person well before I approach the door.

[karder]

I OC at home. In the morning, when I get dressed, the gun goes on, and does not come off until bedtime. I carry either in a crossbreed IWO or a Galco OWB holster (sometimes Fobus) and when I go out I put on a vest or jacket. When I get back home, I take off the vest or jacket. I have answered the door, talked to my wife's friends who have stopped by unexpectedly, and spoken to LDS missionaries as well as the Witnesses, heck, I even have let the missionaries in a time or two. I don't think the fact that I was carrying ever made anyone even the slightest bit uncomfortable and I am very certain that in the vast majority of encounters, the visitor did not even notice. If I walk outside for any reason, I put on a vest and cover up.

My personal philosophy is this: I never step outside my door unconcealed, just as I would not step outside in my undershorts. If you come by unexpected I'll welcome you in, give you a glass of iced tea, and let you sit for awhile, but I don't have to put on pants if I don't want to!

[MoJo]

There is no law stating "open carry is illegal" in you home (or elsewhere). What the law in Texas says, is "carrying a handgun on or about your person" is illegal. Openly or concealed, loaded or not, having a handgun on or about your person in Texas is illegal unless you meet one of the statutory exemptions. Having a concealed handgun and a CHL is one of those exemptions. So is being on property you own or control. However, if the JW's felt threatened and called to report your open carry, even in your own home, it would very likely be treated as "brandishing a firearm" and you would end up having a lot of splaining to do...

There is no "brandishing" provision in the law. In your own home you can carry your firearm however you want, it is your castle. As long as you don't threaten them ie. pointing it at them etc. you're OK. If your "visitors" are frightened, maybe they will stay away.

[Beiruty]

Did anyone had LEO or local PD vising ( regular contact, for a report or annoyance call from the homeowner) and saw the home owner OC?

[PappaGun]

Did anyone had LEO or local PD vising ( regular contact, for a report or annoyance call from the homeowner) and saw the home owner OC?

I'm not sure why it would matter.

Nothing illegal here, move on.

But I certainly would not be carrying it in my hand if I saw a LEO at my door.

[denwego]

There's no "brandishing" law in Texas. As long as you don't point a gun at someone or otherwise cross into actual assault territory, the closest you can get to "brandishing" is §42.01(a8) - "A person commits an offense if he intentionally or knowingly: displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;". Firstly, it says "intentionally or knowingly display," not "display and someone happens to get scared"; secondly, it only applies to a public place, which the inside of your house isn't. I understand that we don't have true open carry in Texas yet and we haven't for more than a hundred years, but wow, there's a lot of misinformation and paranoia out there if people are genuinely worried about carrying a gun in their own homes.

[fickman]

The house is pretty straightforward, but what about the front yard in a suburban setting?