46.02 Question

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e-bil
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46.02 Question

Post by e-bil »

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?
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mewalke
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Re: 46.02 Question

Post by mewalke »

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?
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."

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.
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baldeagle
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Re: 46.02 Question

Post by baldeagle »

mewalke wrote:
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?
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."

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.
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e-bil
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Re: 46.02 Question

Post by e-bil »

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. :)
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