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Non-LTC carry on Another's Private Property
Posted: Wed Jun 22, 2016 8:51 pm
by locke_n_load
I could have sworn that something passed last year that would allow you to give permission to your buddy to conceal/open carry on your private property if you gave permission, even if they didn't have an LTC - I remember reading about BBQ guns on that topic as well. Did something like this pass or am I mistaken?
Looking to host people for 4th of July and I want people to be able to carry if they want. It's what our founders would have wanted, I believe.
Re: Non-LTC carry on Another's Private Property
Posted: Wed Jun 22, 2016 9:12 pm
by ScottDLS
locke_n_load wrote:I could have sworn that something passed last year that would allow you to give permission to your buddy to conceal/open carry on your private property if you gave permission, even if they didn't have an LTC - I remember reading about BBQ guns on that topic as well. Did something like this pass or am I mistaken?
Looking to host people for 4th of July and I want people to be able to carry if they want. It's what our founders would have wanted, I believe.
In 2013 the law was changed so that failure to conceal by a CHL had to happen in public to be guilty. But you still have to have a LTC to carry a handgun except in your car or "property you control". So it still seems your guests without a LTC would violate 46.02.
Re: Non-LTC carry on Another's Private Property
Posted: Wed Jun 22, 2016 9:15 pm
by locke_n_load
ScottDLS wrote:locke_n_load wrote:I could have sworn that something passed last year that would allow you to give permission to your buddy to conceal/open carry on your private property if you gave permission, even if they didn't have an LTC - I remember reading about BBQ guns on that topic as well. Did something like this pass or am I mistaken?
Looking to host people for 4th of July and I want people to be able to carry if they want. It's what our founders would have wanted, I believe.
In 2013 the law was changed so that failure to conceal by a CHL had to happen in public to be guilty. But you still have to have a LTC to carry a handgun except in your car or "property you control". So it still seems your guests without a LTC would violate 46.02.
Dang.
I wonder if I gave everyone a copy of the house key, would they be in shared control of the property? I have a few spares.
Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 6:35 am
by flechero
But you still have to have a LTC to carry a handgun except in your car or "property you control". So it still seems your guests without a LTC would violate 46.02.
How is that any different than at the range?
Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 7:38 am
by txpilot
flechero wrote:How is that any different than at the range?
A range is covered in Section 46.15 (b) (3):
Sec. 46.15. NONAPPLICABILITY.
...
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 7:43 am
by ScottDLS
It comes down to is a Barbecue a sporting activity...and is a handgun commonly used in that activity? In Texas....yes.

Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 8:47 am
by vjallen75
Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 8:52 am
by warnmar10
txpilot wrote:
A range is covered in Section 46.15 (b) (3):
Sec. 46.15. NONAPPLICABILITY.
...
(3) ... , or other sporting activity on the immediate premises where the activity is conducted, ...
Horseshoes, croquet, volleyball, darts... traditional July 4 sporting activities all.
Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 8:58 am
by ScottDLS
warnmar10 wrote:txpilot wrote:
A range is covered in Section 46.15 (b) (3):
Sec. 46.15. NONAPPLICABILITY.
...
(3) ... , or other sporting activity on the immediate premises where the activity is conducted, ...
Horseshoes, croquet, volleyball, darts... traditional July 4 sporting activities all.
if the weapon is a type commonly used in the activity;
I use my .357 revolver for lawn darts...

Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 9:07 am
by Pawpaw
ScottDLS wrote:warnmar10 wrote:txpilot wrote:
A range is covered in Section 46.15 (b) (3):
Sec. 46.15. NONAPPLICABILITY.
...
(3) ... , or other sporting activity on the immediate premises where the activity is conducted, ...
Horseshoes, croquet, volleyball, darts... traditional July 4 sporting activities all.
if the weapon is a type commonly used in the activity;
I use my .357 revolver for lawn darts...

It would be even more effective with horseshoes. When properly applied, it can change a "leaner" into a "ringer".

Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 9:53 am
by Soccerdad1995
Wow. I didn't even realize this. More than a bit ridiculous for the government to constrain what I allow my guests to do on my property.
I have in the past taken people for their first visit to a range, and when I do this I like to have them come to my house for a basic safety / orientation talk, which includes having them handle various (unloaded) guns to work the slide, etc. This helps to determine which guns we actually bring to the range. Are they (or I) technically violating a law assuming they don't have an LTC?
Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 10:22 am
by rotor
Soccerdad1995 wrote:Wow. I didn't even realize this. More than a bit ridiculous for the government to constrain what I allow my guests to do on my property.
I have in the past taken people for their first visit to a range, and when I do this I like to have them come to my house for a basic safety / orientation talk, which includes having them handle various (unloaded) guns to work the slide, etc. This helps to determine which guns we actually bring to the range. Are they (or I) technically violating a law assuming they don't have an LTC?
I don't know the answer. How about this, my wife just got her LTC but when she went to her class she didn't want to leave the gun in the car because we don't have a locking glovebox and it's a so-so neighborhood. Was she breaking the law bringing her gun into the class in it's case? She certainly didn't have a LTC at that point yet she would need the gun to take the test.
Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 10:27 am
by Soccerdad1995
rotor wrote:Soccerdad1995 wrote:Wow. I didn't even realize this. More than a bit ridiculous for the government to constrain what I allow my guests to do on my property.
I have in the past taken people for their first visit to a range, and when I do this I like to have them come to my house for a basic safety / orientation talk, which includes having them handle various (unloaded) guns to work the slide, etc. This helps to determine which guns we actually bring to the range. Are they (or I) technically violating a law assuming they don't have an LTC?
I don't know the answer. How about this, my wife just got her LTC but when she went to her class she didn't want to leave the gun in the car because we don't have a locking glovebox and it's a so-so neighborhood. Was she breaking the law bringing her gun into the class in it's case? She certainly didn't have a LTC at that point yet she would need the gun to take the test.
I did the same thing as did everyone in my class, most of which were first time applicants (so no CHL). The off duty sheriffs deputy who taught the class did not arrest any of us, so I think we were OK.
Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 10:51 am
by ScottDLS
Soccerdad1995 wrote:Wow. I didn't even realize this. More than a bit ridiculous for the government to constrain what I allow my guests to do on my property.
I have in the past taken people for their first visit to a range, and when I do this I like to have them come to my house for a basic safety / orientation talk, which includes having them handle various (unloaded) guns to work the slide, etc. This helps to determine which guns we actually bring to the range. Are they (or I) technically violating a law assuming they don't have an LTC?
Probably could argue that safety training at your house is part of the "sporting activity".
Re: Non-LTC carry on Another's Private Property
Posted: Thu Jun 23, 2016 11:11 am
by locke_n_load
I think for my BBQ, I will host a free 10 minute firearm safety class, before we start grilling. If people want to practice carrying a firearm on their hip during the BBQ, that is additional training.
Even though I am an NRA instructor, it will be a non-NRA sponsored class.
I have yet to hear of any instructors teaching out of their home have a problem from Johnny Law with non license holders having firearms outside their own home/vehicle. Although we will be in my backyard and will not draw any attention anyways.
Maybe its like that GFSZA, that doesn't ever get prosecuted by itself (had to add that for Scott).
