Open carry in your home

age_ranger · Post by **age_ranger** » Fri Jan 05, 2007 8:19 am

Ok, I know it's legal to cruise around the house with your favcorite hoglog strapped on, but what if it's a beautiful day and all the windows re opened up and someone walks by (I live in an apartment so it's possible) and sees you looking like Rambo? Or for arguments sake, you just have a OWB holster with a pistol visible? How about in your garage? on the porch?

Any legal ramifications here? Did a search but couldn't find anything on it. Thanks in advance.

seamusTX · Post by **seamusTX** » Fri Jan 05, 2007 8:25 am

It's legal on premises that you own or control (PC Â§46.15).

I clean guns on the back porch, in the middle of town. No one has ever looked at me funny, though I should say the porch is not easily visible from the street.

The worst that could happen is someone calls 911 and fabricates a story about you.

- Jim

longtooth · Post by **longtooth** » Fri Jan 05, 2007 9:28 am

I too am open at the house. In the yard. AT the door if it is after dark like last night. No problems & the Fed X gentleman last night never noticed.
Same principle here as for those who fear PRINTING

Leave it alone & no one notices. I have been amazed over the 2yrs now that I have been carying at home, open, all the time.
Sheeple live in the dim lite of Bliss City.

age_ranger · Post by **age_ranger** » Fri Jan 05, 2007 9:39 am

Thanks, I was thinking this was the case. If it's one thing I like about this forum, it's filled with great facts, people and the reassurance I need. Although I've gone to the class, read the book and try to keep up to date and carry daily, I'm still learning alot about my rights as a CHL holder and gun owner. The military only taught me what I needed to know. Now I'm learning more of what I WANT to. Thanks for the inputs.

kauboy · Post by **kauboy** » Fri Jan 05, 2007 11:05 am

Â§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03
do not apply to:
...
(b) Section 46.02 does not apply to a person who:
...
(2) is on the person's own premises or premises under
the person's control ...

For reference:

Â§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.
(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.

Apartments are finicky. While I can walk out into my front yard and have a firearm openly visible to any passersby, an apartment owner is confined only to their four walls. So I wouldn't recommend even stepping out of your door without a coverup.

jimlongley · Post by **jimlongley** » Fri Jan 05, 2007 11:47 am

Shortly after we moved to our latest home, our neighbor came by and asked me if I was a LEO. Seems that her LEO son had spotted me carrying open in my house, casual glance through a window, and noted my gun.

I told her I was just exercising my options as a Texan. She was satisfied with that and we remained quite friendly until she and her husband moved a couple of months ago.

As far as I know none of the other neighbors have noticed or know.

casselthief · Post by **casselthief** » Fri Jan 05, 2007 3:36 pm

I have a question, that somewhat relates to this.
I have MY opinion, about what the law says and all that, but wanted to here ya'll argue about it for a while.

here's the scenario: My ol' lady lives in the same apartment complex as I do (I know, convenient, huh?), and I typically will walk her home from my place after, for instance, watching the Mavs stomp a mud hole in the Pacers. Now, I realize I should conceal my 9mm Heater, BUT do I need to keep my ID & CHL with me as well.
once again, I realize the obviousness of the stickler's response, which is that if you leave the threshold of your domicile (apt or house) you outta have yer ID witcha.
but, I'm on Apt property, in the parking lot, going from one Apt to another. I mean, I don't even really leave site of my own place. (unless you're short...)
anyway, same thing when I go to check the mail (which I frequently do at night, too

)
anyway, discuss:

kauboy · Post by **kauboy** » Fri Jan 05, 2007 3:41 pm

I can't carry out into the street without my CHL, so you certainly wouldn't be able to leave your apartment without it. That is not your property. It is owned by the complex owners. Without your CHL in your pocket, you would not be able to show it to an officer and you would be charged for it.

jimlongley · Post by **jimlongley** » Fri Jan 05, 2007 3:49 pm

casselthief wrote:I have a question . . . BUT do I need to keep my ID & CHL with me as well.

Unless you own or control the apartment complex, you should be concealed, and if you are concealed in a "public" place, you are required to have your ID/CHL.

jbirds1210 · Post by **jbirds1210** » Fri Jan 05, 2007 3:58 pm

I think that it is a poor decison to go anywhere outside of your home without identification and the proper documents to support your right to carry a gun. I really try not to do anything that might give the state the right to take my license away. Just my opinion.
Jason

seamusTX · Post by **seamusTX** » Fri Jan 05, 2007 4:30 pm

casselthief wrote:here's the scenario: My ol' lady lives in the same apartment complex as I do (I know, convenient, huh?), and I typically will walk her home from my place ... but, I'm on Apt property, in the parking lot, going from one Apt to another. I mean, I don't even really leave site of my own place.

You can get away with anything until you get caught.

The problem is, being on private property that you don't control is the same as being in a public place. The police may be called because of trespassers or a loud party, and card everybody in sight.

I don't like having to carry ID everywhere. Before I owned a car or had credit cards, I usually didn't. But it's a fact of life now.

- Jim

casselthief · Post by **casselthief** » Fri Jan 05, 2007 4:54 pm

thanks for the replies, and editorials.
confirms what I have long believed (since long ago to my military dependant days), but I wanted to see what ya'll thought about the parking lot issue, at an apt complex.

bigolbigun · Post by **bigolbigun** » Fri Jan 05, 2007 5:10 pm

I did a little open carry at my house today also. We were having a garage sale and I stayed in the garage and took in the money and made change while Ms. Big did most of the selling. Not a word from anyone. And on a lighter note far less badgering about taking less for items marked with a price.

GlockenHammer · Post by **GlockenHammer** » Fri Jan 05, 2007 5:16 pm

The reason I DON'T open carry where others might see me is that I do not wish the world to know that I carry concealed. So, I'd rather them not see me with a hogleg strapped on. While I have open carried at home, I will get a cover garment to answer the door or if I see a neighbor coming over.

Just personal preference.

cloudcroft · Post by **cloudcroft** » Fri Jan 05, 2007 6:45 pm

I used to think that concealed-carry was the only viable way to go -- in order to exercise one's right of self-defense -- but I wasn't getting the big picture on this issue.

Now, I believe that the more guns people see on citizens, the better, so I think open carry in public is not such a bad idea after all (and it would allow me to carry something larger). It helps to desensitize the many naive average liberals out there to guns so that just seeing a gun no longer causes them to call 911, faint from fright or perform the Duck & Cover under the nearest table...so the more decent citizens wearing the better.

Unfortunately, TX doesn't have open-carry and I'm not sure when (if) it will. Open-carry is probably more important to ME than most here in this Forum (if I want to keep living in TX) because I recently found that I do not qualify for a TX CHL due to some past problem I see no way of correcting (there is no remedy available even though a particular prohibition no longer applies to me), so LEGAL concealed-carry is out for me. Consequently, I just may have to move to NM sooner than I had planned.

Presently, I carry at home open/concealed, whatever, and always answer the door with a gun (or knife) available. Most times it's not seen by anyone. But even if it is, I'm in my own house so I'm not concerned...and it's also an opportunity to educate someone about one's self-defense rights.

-- John D.

P.S. When I leave my apartment to go out to the mailbox (about 300 yards away) and back, usually at night but sometimes during the day, I always carry "a little something." And of course it's concealed. I prefer to have something with me rather than not, regardless of the consequences. I really can't recall what I do the OTHER times I go out but thanks for not asking.