In Texas, you can carry openly on your own property. Depending on where you live, the police may hassle you with some BS like intimidation or disturbing the peace, but you can legally mow your yard with your sidearm on your hip, if you want.
Carry inside your home: must be concealed?
- Thread starter Richard.Howe
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Rezin
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Lets not get too technical. You do not need to OWN the property. I rent my store. But I own the business, just not the property. I can carry openly. Same with an apartment. You don't "own" it, but it's your home.
But I am curious of one thing. Can you "allow" employees to carry like gun stores? Obviously not all gun store employees are "owners"... always wondered about that one,....
But I am curious of one thing. Can you "allow" employees to carry like gun stores? Obviously not all gun store employees are "owners"... always wondered about that one,....
Kamicosmos
Member
Well, if it isn't legal, every single gunstore I've been in has violated that law! I assume employees come under the rules for the owner in this situation.
DragonRider
Member
No problems here in NoVA with open, but then I meet my neighbor across the street sometimes and we compare what we are carrying that day.....
John
John
Something similar to this happened to a friend of mine not too long ago. She got into an argument of some sort at the local grocery store, nothing big. Well... the woman she got into the argument with knew there were firearms in the house so she got a restraining order on my friend and her husband who owned most of the guns. It's pretty sad actually becuase he had to sell all his guns and was no longer able to own them, over a stupid argument that had nothing to do with guns. To put my 'friends' in context they live in a small town where the woman runs a small hair salon, while the man commutes to a larger town to work at an electronics store. Both are over 40 years old.
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coinshooter
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I bought a saftpacker from Wildress products it holds my HK USP fullsize and 2 extra mags and looks like a camera case.Its very handy
Shootcraps
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vrwc said:
+1. True dat.
odysseus
Member
DevLcL said:
I don't get this one. There must be a lot more to that story. That or someone screwed up and should have consulted a lawyer.
odysseus
Member
This thread reminds me of a case that happened when I lived in a small community with it's own small local police dept.. Everyone kind of knows everyone else, it is nearby a large metropolitan area. You will be able to tell that I am biased on what was right and wrong in this.
A well to do elderly successful business man who owned a real estate company and his wife (both in their 70's) were home very early one weekend morning in their robes, doing their weekend morning thing. It's common for someone in his business to be in some lawsuit in one form or another due to the highly litigious nature of the real estate business. Usually he is served papers at the business location when he is called in for one reason or another.
Well apparently this court paper server went to his home early and he must not have left a great impression in his manner and dress, so they answered the door armed. Not pointing the shotgun or anything, but it was nearby and visible. The old man accepted the papers, but there was a bit of yelling about serving the papers at home and not at his business, and so early on a weekend morning.
Apparently the order server was living up to how he looked and sought revenge for this verbal slight, and called the police from his cell phone saying the old man pointed the gun at him. Police arrived, with one new to the department gung-ho LEO arriving on scene. The elderly man answered the door, without the shotgun this time since it was the cops, and was discussing the matter with them telling them he did no such thing. While the senior officer was talking to the old man, the elderly wife who was standing back behind the door a little lurched forward to hold back the family dog who obviously saw the open door as his chance for open air freedom. The new LEO who was standing back while listening judo'd the old lady to the ground and sat on top of her, to the horror of everyone - including the senior officer.
Long story short, the old lady suffered some bad back pain and the department was kissing a lot of ass to a senior member of their community (and a high donor). Nothing ever happened to processor who lied.
Goes to show you sometimes never know what's going to happen. It could have been a lot worse for this elderly couple.
A well to do elderly successful business man who owned a real estate company and his wife (both in their 70's) were home very early one weekend morning in their robes, doing their weekend morning thing. It's common for someone in his business to be in some lawsuit in one form or another due to the highly litigious nature of the real estate business. Usually he is served papers at the business location when he is called in for one reason or another.
Well apparently this court paper server went to his home early and he must not have left a great impression in his manner and dress, so they answered the door armed. Not pointing the shotgun or anything, but it was nearby and visible. The old man accepted the papers, but there was a bit of yelling about serving the papers at home and not at his business, and so early on a weekend morning.
Apparently the order server was living up to how he looked and sought revenge for this verbal slight, and called the police from his cell phone saying the old man pointed the gun at him. Police arrived, with one new to the department gung-ho LEO arriving on scene. The elderly man answered the door, without the shotgun this time since it was the cops, and was discussing the matter with them telling them he did no such thing. While the senior officer was talking to the old man, the elderly wife who was standing back behind the door a little lurched forward to hold back the family dog who obviously saw the open door as his chance for open air freedom. The new LEO who was standing back while listening judo'd the old lady to the ground and sat on top of her, to the horror of everyone - including the senior officer.
Long story short, the old lady suffered some bad back pain and the department was kissing a lot of ass to a senior member of their community (and a high donor). Nothing ever happened to processor who lied.
Goes to show you sometimes never know what's going to happen. It could have been a lot worse for this elderly couple.
Lupinus
Member
Since when does some idiot filing a restraining order mean you can no longer own guns?
Carry in your home if you want there is no real reason not to and so long as you don't step onto the road when getting your mail perfectly legal.
Richard.Howe
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vrwc said:
No offense taken -- I agree with you -- but however screwed up our SCOTUS has become, I still don't wanna land in the clinker for doing something illegal.
Good responses. I shall continue to carry!
Rich
NewShooter
Member
Although this question is opposite of the original question posted, I thought it was related to this thread.
If your state requires a concealed carry permit to carry concealed, would you be able to carry concealed inside your home without having the permit?
Lets say you answer the door and for whatever reason theres an LEO standing there and your carrying concealed.
If your state requires a concealed carry permit to carry concealed, would you be able to carry concealed inside your home without having the permit?
Lets say you answer the door and for whatever reason theres an LEO standing there and your carrying concealed.
Shootcraps
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NewShooter said:
Depends on the state. Virginia has it specifically defined in the laws that you don't need a permit to carry concealed in your house or on your property.
odysseus
Member
Alan Fud said:
Hard to believe. Don't quite understand how that could be illegal. Were they just recommending?
Florida Statutes 790.053 Open carrying of weapons.--
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or remote stun gun or other nonlethal electric weapon or device which does not fire a dart or projectile and is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Florida Statutes 790.25 Lawful ownership, possession, and use of firearms and other weapons.--
...
(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
...
(n) A person possessing arms at his or her home or place of business;
...
(1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.
(2) A person may openly carry, for purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or remote stun gun or other nonlethal electric weapon or device which does not fire a dart or projectile and is designed solely for defensive purposes.
(3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Florida Statutes 790.25 Lawful ownership, possession, and use of firearms and other weapons.--
...
(3) LAWFUL USES.--The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
...
(n) A person possessing arms at his or her home or place of business;
...
This might not be an issue of "carrying", but rather of "brandishing".
Believe it or not, California is an open-carry state, but with restrictions.
Carrying openly in a belt holster is legal, but you are not allowed to have the gun loaded if you are not in a place where shooting is allowed. Most cities don't allow shooting within city limits.
HOWEVER, some cities, including mine, have laws against "brandishing", which means displaying a weapon. This does not just mean holding the gun, pointing it, etc.; it includes carrying openly in a belt holster. These laws supercede the state law allowing carrying handguns as long as they're not concealed.
So, in my city (San Diego) and others, I have to have a gun in a case if I'm carrying it where others could otherwise see it. The public/private property interface (like where the lawn meets the sidewalk) is probably "public." Concealed and open carry (loaded) are allowed on my own property, however.
So, the gray area, really, is what your local jurisdiction does with "brandishing", if anything.
This law exists for the convenience of law enforcement, of course, at the expense of law-abiding citizens.
Believe it or not, California is an open-carry state, but with restrictions.
Carrying openly in a belt holster is legal, but you are not allowed to have the gun loaded if you are not in a place where shooting is allowed. Most cities don't allow shooting within city limits.
HOWEVER, some cities, including mine, have laws against "brandishing", which means displaying a weapon. This does not just mean holding the gun, pointing it, etc.; it includes carrying openly in a belt holster. These laws supercede the state law allowing carrying handguns as long as they're not concealed.
So, in my city (San Diego) and others, I have to have a gun in a case if I'm carrying it where others could otherwise see it. The public/private property interface (like where the lawn meets the sidewalk) is probably "public." Concealed and open carry (loaded) are allowed on my own property, however.
So, the gray area, really, is what your local jurisdiction does with "brandishing", if anything.
This law exists for the convenience of law enforcement, of course, at the expense of law-abiding citizens.
In TX
In Texas - you can legally Open Carry a Handgun:
In Texas - you can legally Open Carry a Shotgun or Rifle:
In Texas - you can legally Open Carry a Handgun:
*On any property you OWN (the Four Corners rule),
*On any property Under Your Control (Rental, lease),
*and On Any Open-Carry Friendly Property (friends house, gun range, etc.).
*You can legally walk around your front yard with your six-shooter strapped to your leg - in plain site - all day (and night) long.
*A LEO has the option of temporarily disarming you if he encounters you on your property (for his security).
*On any property Under Your Control (Rental, lease),
*and On Any Open-Carry Friendly Property (friends house, gun range, etc.).
*You can legally walk around your front yard with your six-shooter strapped to your leg - in plain site - all day (and night) long.
*A LEO has the option of temporarily disarming you if he encounters you on your property (for his security).
In Texas - you can legally Open Carry a Shotgun or Rifle:
*Any where, Any time (Court Houses, Bars, Schools and Secured Areas are the exceptions)
Florida appears to have a separate statute covering brandishing:
Florida Statutes 790.10 Improper exhibition of dangerous weapons or firearms.
If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Optical Serenity
Member
dasmi said:
This is not true, as far as being nude. There are many case laws that support public indecency even in your own home. The case laws point to the fact that a reasonable person does not have any expectation of privacy standing by an open window visible from the public roadway.
Be careful about the whole "you can do whatever while at home" philosophy. its true to a point, but does not guarantee you 100% privacy if you are in open and clear view. If I can see someone naked from the roadway, I can make an arrest on public indecency. This is how its been...Not saying we (as police) do this, but we do get complaints and have to explain it to people that just cause they are at home, it does not give them the right to walk around nude in front of windows viewable from the public.
As far as claims of you pointing a gun at another, first off, move to a free state like Georgia
But in all reality, 99.9% of the time, any law enforcement officer is going to advise the complainant that they can simply take a warrant themselves if they feel the need. Of course at that point they have to persuade a magistrate judge, which is difficult to do on cases like that, especially if its a he said she said case, without any third party collaboration.Libertyteeth
Member
In Montana, you can carry concealed on property you own or rent without a permit. You can carry openly anywhere, except prohibited places (schools, banks, bars, gov't buildings). You can carry concealed without a permit if you are outside the city limits of incorporated towns, otherwise you need a CC permit.
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