46.02 Question
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46.02 Question
I've been trying to find an answer in the code for this. 46.02 says you can open carry on your premises (and premises having been defined as building or part of a building. Where is the justification to open carry on your property located?
Re: 46.02 Question
46.02 actually defines "premises" as: "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."e-bil wrote:I've been trying to find an answer in the code for this. 46.02 says you can open carry on your premises (and premises having been defined as building or part of a building. Where is the justification to open carry on your property located?
The "building or a portion of a building" definition is part of 46.035.
So for the purposes of 46.02 - it appears it is "real property", which I think would include your yard and driveway, but not the public sidewalk.
Of course I'm not a lawyer and still new to Texas so I'm still learning the intricacies of the laws here. So any insight from more experienced folks would be greatly appreciated.
Re: 46.02 Question
You don't need any help. You're doing just fine.mewalke wrote:46.02 actually defines "premises" as: "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."e-bil wrote:I've been trying to find an answer in the code for this. 46.02 says you can open carry on your premises (and premises having been defined as building or part of a building. Where is the justification to open carry on your property located?
The "building or a portion of a building" definition is part of 46.035.
So for the purposes of 46.02 - it appears it is "real property", which I think would include your yard and driveway, but not the public sidewalk.
Of course I'm not a lawyer and still new to Texas so I'm still learning the intricacies of the laws here. So any insight from more experienced folks would be greatly appreciated.
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
NRA Life Member Texas Firearms Coalition member
NRA Life Member Texas Firearms Coalition member
Re: 46.02 Question
Great, that's what I was looking for. Thanks for the help. Part of the fun of reading the same thing over and over and missing it. :)