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Thread: Can I OC on someone else's property?

  1. #1
    Regular Member independence's Avatar
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    Can I OC on someone else's property?

    I have a TX OC question. Can I OC on someone's private property I am visiting? Can I just ask them straight up, "May I open carry while on your land and in your house?" and then be fully legal if they say yes? Or, is it still illegal even if on their private property? Thanks!




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  2. #2
    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by independence View Post
    I have a TX OC question. Can I OC on someone's private property I am visiting? Can I just ask them straight up, "May I open carry while on your land and in your house?" and then be fully legal if they say yes? Or, is it still illegal even if on their private property? Thanks!




    Sent from an app instead of a browser simply because browsers on mobile devices are incapable of basic usability by design so that people can sell apps.
    I don't think that there is know of any conclusive case law on this. I am not a lawyer but I'd say do so at your own risk.

    The vice president of CATI Texas was recently arrested for precisely this thing. Granted, he was arrested by a Temple, Texas police officer, which should be viewed with extreme scrutiny given their history, but...

    http://www.ammoland.com/2014/02/temp...y-activist-in/

    Here is the UCW (Unlawful Carrying Weapons) for Texas http://www.statutes.legis.state.tx.u...E.46.htm#46.02
    It states: (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
    [...]

    To me it would make sense that it would be lawful to carry on any private property on which you have permission to be, and to be armed. Again, I'm not a lawyer, though.

    Following the news of the above arrest, I did some Googling on the issue and for the most part all I could find was a bunch of 50%s giving their uneducated opinions on the matter. I found maybe 2 cites in discussions comprised of probably hundreds of posts. Nearly useless.
    Last edited by stealthyeliminator; 03-27-2014 at 07:47 PM.
    Advocate freedom please

  3. #3
    Regular Member OC for ME's Avatar
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    Ask the property owner to extend control of the property to you (joint control) for the duration of your visit. In other words, you can grant access to the property to others as would the owner.

    ...or premises under the person's control;
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    A little further down, 46.15 says: 46.02 does not apply to a person that is actively engaged in or enroute to or from and activity where that weapon is commonly used. (may not be verbatim) Plain and simple.

  5. #5
    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by mustangkiller View Post
    A little further down, 46.15 says: 46.02 does not apply to a person that is actively engaged in or enroute to or from and activity where that weapon is commonly used. (may not be verbatim) Plain and simple.
    I've never thought of this before.... Could "OC" itself be considered "an activity where that weapon is commonly used?" I'm sure probably not. I'm guessing it'd come down to one of those "intent" of the law things or something, I don't really know how that works.
    Advocate freedom please

  6. #6
    Regular Member independence's Avatar
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    Quote Originally Posted by mustangkiller View Post
    A little further down, 46.15 says: 46.02 does not apply to a person that is actively engaged in or enroute to or from and activity where that weapon is commonly used. (may not be verbatim) Plain and simple.
    This is probably for hunting or target practice.

    Sent from an app instead of a browser simply because browsers on mobile devices are incapable of basic usability by design so that people can sell apps.
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  7. #7
    Regular Member independence's Avatar
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    Quote Originally Posted by OC for ME View Post
    Ask the property owner to extend control of the property to you (joint control) for the duration of your visit. In other words, you can grant access to the property to others as would the owner.
    Interesting idea.

    Sent from an app instead of a browser simply because browsers on mobile devices are incapable of basic usability by design so that people can sell apps.
    Open means open...

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