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Re: open carry on private land

Posted: Wed Jul 09, 2014 7:35 pm
by nightmare
SSgt wrote:I am just asking, is it legal to open carry on private land in the state of Texas. This would be in a non incorporated area?

If any one can give me an answer it would be of great appreciation.
Thanks in Advance
Here's the answer straight from the Texas Penal Code.

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...

Re: open carry on private land

Posted: Wed Jul 09, 2014 11:00 pm
by puma guy
VMI77 wrote:
cb1000rider wrote:
johncanfield wrote: She was out of Austin so that explains the reaction :smash: :txflag:
We've got some big snakes in Austin... Many in the capital.
Why would you insult snakes like that?
:iagree: My thoughts, too!

Re: open carry on private land

Posted: Thu Jul 10, 2014 12:34 am
by TexasGal
nightmare wrote:
SSgt wrote:I am just asking, is it legal to open carry on private land in the state of Texas. This would be in a non incorporated area?

If any one can give me an answer it would be of great appreciation.
Thanks in Advance
Here's the answer straight from the Texas Penal Code.

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...
Sec. 46.02...
(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.

"Real property" is a term that refers to all of the land within the boundaries and everything attached to it (buildings). IANAL

Re: open carry on private land

Posted: Thu Jul 10, 2014 8:17 am
by TomsTXCHL
johncanfield wrote:We have a small ranch and I always open carry. One day a FedEx lady was delivering a package and noticed the M&P on my hip - WHAT CHU CARRYING THAT FOR? - I told her snakes. She was out of Austin so that explains the reaction :smash: :txflag:
The simplest answer IMO is "self defense".

Re: open carry on private land

Posted: Thu Jul 10, 2014 10:02 am
by cyphersc@acm.org
Here's the answer straight from the Texas Penal Code.

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...[/quote]

What exactly does "under the person's control" mean?

Re: open carry on private land

Posted: Thu Jul 10, 2014 10:24 am
by Beiruty
cyphersc@acm.org wrote:Here's the answer straight from the Texas Penal Code.

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...
What exactly does "under the person's control" mean?[/quote]
Like you are the hired manager for a store, a business, or a property. A person in charge for that property.