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Open carry in TX

Discussion in 'General Gun Discussions' started by nswtex, Mar 1, 2006.

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  1. nswtex

    nswtex Member

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    I'll let you know ;)
    I was reading in another thread about businesses in Texas on private property having the option to allow their employees to carry while at work. This brings up a question I have been thinking about for a while. Can I or my legally qualified guests open carry while on my property, the scenario being a bbq, people in and out of the house but only on my property. Is this asking for unwanted attention/trouble?
     
  2. GEM

    GEM Member

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    Yes. What kind of property? If it is in the burbs and they park down the block and walk to your house in front of others - that might be bad.

    Once on your land - OK. However, a big gathering with guns overseen by nervous folk - is there a risk someone would call the law and report some evil - never know.

    I carry openly on friends big old ranch properties.
     
  3. Texfire

    Texfire Member

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    I belong to two organizations that regularly carry firearms openly on private property. They are the Tejas Caballeros, and the Travis County Regulators. We have at least four firearms per person on property. Crazy bunch those cowboy shooters. ;)

    Tex
     
  4. Standing Wolf

    Standing Wolf Member in memoriam

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    Texas needs open carry.
     
  5. nswtex

    nswtex Member

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    I'll let you know ;)
    How about myself, most anyone that comes to my home already knows what I'm into and I cant think of anyone being shocked at seeing me open carry around my own property.
     
  6. Brad Johnson

    Brad Johnson Member

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    There is a big grey area when it comes to open carry on your own property. Strictly speaking, it's legal. The problem pops up when you throw in laws for public nuisance, public disturbance, and intentional creation of fear, etc., all of which are highly subjective and usually brought about by hysterical do-gooder types or perpetually whiney neighbors.

    I'm lucky, two of my neighbors have told me they would rather I DID carry. Said it made them feel better that the neighborhood was being watched after. The new-age feng shuei'd crystal-wearing broccoli sniffers across the street, however, are not quite so thrilled. If they see me carrying my gun cases out for a day at the range, they gather up the chil'rens and scurry inside until I am good and gone. It's pretty common to see them peeking out the blinds at my while I am standing in the garage enjoying a smoke and a beer.

    Brad
     
  7. wdlsguy

    wdlsguy Member

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    Texas Penal Code § 46.15. NONAPPLICABILITY.
    ...
    (b) Section 46.02 does not apply to a person who:
    ...
    (2) is on the person's own premises or premises under the person's control unless the person is an employee or agent of the owner of the premises and the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5);
    ...

    It's pretty obvious to me how this applies to a property owner, but it's less obvious to me how this applies to a guest of the property owner. :confused:
     
  8. M2 Carbine

    M2 Carbine Member

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    There's also a little more that applies somewhat, but offhand I don't know what the law is. (The above "under the person's control" is probably it)

    Sometimes I'll look after a friend's place, feed the pets and horse, etc.
    Since I've got the landowner/friend's approval to look after his place I (believe) I have the legal right to use a gun on his property and in defense of his property, as I would my own.

    In any case I'm armed when walking around his place.:)

    And my place to.
     
  9. jason10mm

    jason10mm Member

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    Open carry of long arms is legal everywhere in Texas, IIRC (probably better if they were slung though :) On private property I think you can open carry so long as you have permission from the owner.
     
  10. middy

    middy Member

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    You live in Anna? I wouldn't worry about it, unless you have neighbors nearby and no fence, then you might want to find out how they would feel about it.

    But no, it's not illegal on your own property.
     
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