I would caution you to make sure you stay on your property and not venture onto the common areas thinking that part is also OK to open carry on. There also are some that would say being on your property and having the gun seen by those not on your property could be a problem.
The last part is not something I am too worried about but there have been some that put up strong arguments that it could present a problem.
Castle Doctrine/Open carry on your property
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- mojo84
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- Location: Boerne, TX (Kendall County)
Re: Castle Doctrine/Open carry on your property
Last edited by mojo84 on Thu May 14, 2015 3:07 pm, edited 1 time in total.
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Re: Castle Doctrine/Open carry on your property
mojo84 wrote:I would caution you to make sure you stay on your property and not venture onto the common areas thinking that part is also OK to open carry on. There also are some that would say being on your property and having the gun seen by those not on your property could be a problem.
The last part is not something I am too worries about but there have been some that put up strong arguments that it could present a problem.

There are those idiots who enjoy "swatting" people. You also don't want neighbors seeing your pistol. You may one day get into a disagreement with a neighbor and they can lie to the police about you pulling a gun on them and they will be able to describe your firearm and that well not look good on your part. It CAN happen.
“Be ashamed to die until you have won some victory for humanity.”
― Horace Mann
― Horace Mann
Re: Castle Doctrine/Open carry on your property
Wow. Thank you all for your replies. I surely didn't expect to get so many. I appreciate all of your replies equally, even some that seemed like scolding, I appreciate the advice. There's too many for me to quote things from to reply to.
It is quite possible that the metal stuck in the doorframe could have been there when I moved in. It is quite rusted, and perhaps we didn't notice it at all when we first moved in August of last year. As far as making my townhouse look less inviting to a burglar or robber, that is impossible. There is nothing but a half dead plant on my front patio and nothing on the back patio besides a propane tank and my turkey fryer. My landlord (which is a big corporation) doesn't allow quite a bit that maybe some regular homeowners who lease their homes wouldn't mind.
As far as confronting the young man in the vehicle, I didn't exactly walk out there looking for a fight or anything. And he did look rather suspicious rolling his window up when I pulled up in my driveway, and eyeballing the living bejesus out of me. He was very respectful, never seemed out of the ordinary in talking to him except for saying he was waiting for his "friend". After thinking more about it maybe he was having indiscretions with a married woman on this street or something. He's not the only person that's done that, coming and sitting at the end of the cul-de-sac for whatever reason. There's been a few people do it and most of them we don't see again. Due to the fact that this area is still being developed, they do have at times someone playing the role of a security guard out here. But I have noticed that it's not often I see him. Maybe he's just that good at his job he's unseen most of the time, or maybe the property owner is so cheap they will only pay for the security on weekends, or holidays or special events.
The thing that stood out the most about his vehicle, is the fact that it looked like the same vehicle that was sitting suspiciously across from my neighbors house behind he (my neighbor) was shot. I have a "common law" wife that I refer to as girlfriend or wife often who does stay home while I am at work and we have a 1 year old son. I was shocked to find that my neighbor still hasn't purchased a gun himself after being shot. I am no expert, but I am sure if he would have been armed himself he had the person breaking into his wifes vehicle, who had a gun and shot him dead to rights. I was paying close attention to the guys hands when I was talking with him and he never reached for anything. According to the neighbor who was shot, the people on the first phase I suppose you could call it that was built call the cops all the time reporting suspicious activity, even on him personally when he has been out jogging at night before. He says they respond quickly usually when they are called. I didn't want to call the cops because I didn't want to make such a big deal about it, if there wasn't a big deal to be made. I mainly asked the question I did because I don't want to land myself in prison. I don't even have a CHL but certainly don't want to trash my chances of having one if my juvenile past hasn't already done so.
I also wouldn't exactly sit with my gun in hand out in my garage but keep it close by. The only time it has been out of my nightstand thus far is when I take it to the shooting range. There have been a lot of vehicle break-ins I found out yesterday after talking to a few of my neighbors kind of making agreements to watch over each others property and stuff and let each other know about suspicious things. I guess I have gotten lucky by not having my vehicle broken in to.
No worries, I won't be posting any sign on my door. I am new to handguns, previously had a shotgun but didn't have it long. I have honestly wondered if it would even do any good to have the handgun as my wife and I both sleep pretty hard. If we don't hear them coming in, we may never wake up. If we do hear them coming in, and can't see them from our eyes taking a minute to adjust to the darkness in the house, it may not do us any good to have it. So I guess it's a 50/50 crap chute.
I was sitting at a park once, looking through a newspaper not even near anybody else. I was just sitting on the side near the entrance to the park and a police officer came checking me out. Ran my name and all. He ultimately left me in peace but did seem uneasy about my sitting there. So I know some people do just find random places to sit and tend to whatever they need to.
Thank you all for the replies. If there was a like button I would click like on them all. Sorry for my long reply.
It is quite possible that the metal stuck in the doorframe could have been there when I moved in. It is quite rusted, and perhaps we didn't notice it at all when we first moved in August of last year. As far as making my townhouse look less inviting to a burglar or robber, that is impossible. There is nothing but a half dead plant on my front patio and nothing on the back patio besides a propane tank and my turkey fryer. My landlord (which is a big corporation) doesn't allow quite a bit that maybe some regular homeowners who lease their homes wouldn't mind.
As far as confronting the young man in the vehicle, I didn't exactly walk out there looking for a fight or anything. And he did look rather suspicious rolling his window up when I pulled up in my driveway, and eyeballing the living bejesus out of me. He was very respectful, never seemed out of the ordinary in talking to him except for saying he was waiting for his "friend". After thinking more about it maybe he was having indiscretions with a married woman on this street or something. He's not the only person that's done that, coming and sitting at the end of the cul-de-sac for whatever reason. There's been a few people do it and most of them we don't see again. Due to the fact that this area is still being developed, they do have at times someone playing the role of a security guard out here. But I have noticed that it's not often I see him. Maybe he's just that good at his job he's unseen most of the time, or maybe the property owner is so cheap they will only pay for the security on weekends, or holidays or special events.
The thing that stood out the most about his vehicle, is the fact that it looked like the same vehicle that was sitting suspiciously across from my neighbors house behind he (my neighbor) was shot. I have a "common law" wife that I refer to as girlfriend or wife often who does stay home while I am at work and we have a 1 year old son. I was shocked to find that my neighbor still hasn't purchased a gun himself after being shot. I am no expert, but I am sure if he would have been armed himself he had the person breaking into his wifes vehicle, who had a gun and shot him dead to rights. I was paying close attention to the guys hands when I was talking with him and he never reached for anything. According to the neighbor who was shot, the people on the first phase I suppose you could call it that was built call the cops all the time reporting suspicious activity, even on him personally when he has been out jogging at night before. He says they respond quickly usually when they are called. I didn't want to call the cops because I didn't want to make such a big deal about it, if there wasn't a big deal to be made. I mainly asked the question I did because I don't want to land myself in prison. I don't even have a CHL but certainly don't want to trash my chances of having one if my juvenile past hasn't already done so.
I also wouldn't exactly sit with my gun in hand out in my garage but keep it close by. The only time it has been out of my nightstand thus far is when I take it to the shooting range. There have been a lot of vehicle break-ins I found out yesterday after talking to a few of my neighbors kind of making agreements to watch over each others property and stuff and let each other know about suspicious things. I guess I have gotten lucky by not having my vehicle broken in to.
No worries, I won't be posting any sign on my door. I am new to handguns, previously had a shotgun but didn't have it long. I have honestly wondered if it would even do any good to have the handgun as my wife and I both sleep pretty hard. If we don't hear them coming in, we may never wake up. If we do hear them coming in, and can't see them from our eyes taking a minute to adjust to the darkness in the house, it may not do us any good to have it. So I guess it's a 50/50 crap chute.
I was sitting at a park once, looking through a newspaper not even near anybody else. I was just sitting on the side near the entrance to the park and a police officer came checking me out. Ran my name and all. He ultimately left me in peace but did seem uneasy about my sitting there. So I know some people do just find random places to sit and tend to whatever they need to.
Thank you all for the replies. If there was a like button I would click like on them all. Sorry for my long reply.
Re: Castle Doctrine/Open carry on your property
The idea is to make it hard enough to get in, and loud enough, that you have time to wake up and respond. There are devices you can attach to a bedroom door to delay entry and give yourself time. You can also install an alarm. It depends on your particular situation but if it's just you and your wife you can put a motion sensor outside your bedroom that will alarm and wake you up. If your bedroom door is locked and you use a jam to delay entry you should have time to defend yourself. Our dogs are in the bedroom with us at night so no one is getting in without setting off a round of barking that no one could sleep through.bleed wrote:No worries, I won't be posting any sign on my door. I am new to handguns, previously had a shotgun but didn't have it long. I have honestly wondered if it would even do any good to have the handgun as my wife and I both sleep pretty hard. If we don't hear them coming in, we may never wake up. If we do hear them coming in, and can't see them from our eyes taking a minute to adjust to the darkness in the house, it may not do us any good to have it. So I guess it's a 50/50 crap chute.
"Journalism, n. A job for people who flunked out of STEM courses, enjoy making up stories, and have no detectable integrity or morals."
From the WeaponsMan blog, weaponsman.com
From the WeaponsMan blog, weaponsman.com
Re: Castle Doctrine/Open carry on your property
You might also look at something like door armor which reinforces the door jam and hing connections. Below are a just a couple quick links that came up. Just something to make it more difficult to gain entry. You can get better door locks also.
http://armorconcepts.com/?utm_source=bi ... atchtype=e" onclick="window.open(this.href);return false;
http://www.amazon.com/s?ie=UTF8&page=1& ... or%20armor" onclick="window.open(this.href);return false;
http://armorconcepts.com/?utm_source=bi ... atchtype=e" onclick="window.open(this.href);return false;
http://www.amazon.com/s?ie=UTF8&page=1& ... or%20armor" onclick="window.open(this.href);return false;
Re: Castle Doctrine/Open carry on your property
We had someone come around trying to sell alarms a couple days ago. But being that this place is run by people who built these townhomes with the almost expectation that renters will do upgrades (i.e install garage door openers, extra ceiling fans, alarm systems) all of which they won't let you remove when you leave without keeping all or part of your deposit we didn't take any interest in it. We will be moving out of this neighborhood when our lease is up in August. It's a nice place, but in a "rough" area. The "ghetto" is all of 3/4 of a mile down the street.The idea is to make it hard enough to get in, and loud enough, that you have time to wake up and respond. There are devices you can attach to a bedroom door to delay entry and give yourself time. You can also install an alarm. It depends on your particular situation but if it's just you and your wife you can put a motion sensor outside your bedroom that will alarm and wake you up. If your bedroom door is locked and you use a jam to delay entry you should have time to defend yourself. Our dogs are in the bedroom with us at night so no one is getting in without setting off a round of barking that no one could sleep through.
Re: Castle Doctrine/Open carry on your property
Thank you, I might buy something like this for my front and back door, maybe even the bedroom door. That seems fairly reasonable to buy and install for only being here another couple of months versus buying an alarm system. I could get a dog. A nice big mean protective one and name it "Kitty" just for shiggles and gits.MechAg94 wrote:You might also look at something like door armor which reinforces the door jam and hing connections. Below are a just a couple quick links that came up. Just something to make it more difficult to gain entry. You can get better door locks also.
http://armorconcepts.com/?utm_source=bi ... atchtype=e" onclick="window.open(this.href);return false;
http://www.amazon.com/s?ie=UTF8&page=1& ... or%20armor" onclick="window.open(this.href);return false;
Re: Castle Doctrine/Open carry on your property
I don't agree with several statements made earlier or else I misread them.
#1.
PC §9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor
reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force. The actor’s belief
that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business
or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or
place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the
time the force was used.
#2
PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other’s use or attempted use of unlawful deadly force; or
(B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated
robbery.
(b) The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be
reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business
or employment;
As it relates to defending yourself within your home, the situation where a person whom you knew or had reason to believe unlawfully and with force entered or was attempting to enter unlawfully and with force your occupied habitation during broad daylight or nighttime affords you the legal presumption of the immediate necessary use of deadly force...as a matter of law and not as a jury determined fact. In fact, if the forced entry is confirmed by the evidence, the jury will receive an instruction to make that presumption, and notwithstanding any other factors, find you not in violation of that part of the statute.
The issue of nighttime only comes into consideration when using deadly force to protect personal property...9.42
tex
#1.
PC §9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor
reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force. The actor’s belief
that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business
or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or
place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the
time the force was used.
#2
PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other’s use or attempted use of unlawful deadly force; or
(B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated
robbery.
(b) The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be
reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business
or employment;
As it relates to defending yourself within your home, the situation where a person whom you knew or had reason to believe unlawfully and with force entered or was attempting to enter unlawfully and with force your occupied habitation during broad daylight or nighttime affords you the legal presumption of the immediate necessary use of deadly force...as a matter of law and not as a jury determined fact. In fact, if the forced entry is confirmed by the evidence, the jury will receive an instruction to make that presumption, and notwithstanding any other factors, find you not in violation of that part of the statute.
The issue of nighttime only comes into consideration when using deadly force to protect personal property...9.42
tex
Texas LTC Instructor, NRA Pistol Instructor, CFI, CFII, MEI Instructor Pilot