open carry exposure

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I too try not to miss too many chances to wearone of my handguns on my hip while outside doing yard work and it has came in handy when spotting a couple of copperheads at different timesin the past 4 or 5 years as I live on a couple three acres out in "the sticks".

I've been thinking lately of wearing an empty holster while out in the public thus giving me the opportunity to discuss myopinions on the subject of open carry in Texas. Is anyone else here doing this or do you have an opinion on that subject. Good idea or bad idea in your opinion?

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When you're outside in your yard, can you see the street or your neighbors' homes? Cuz I don't think Texas law allows you to open carry even in your own yard. I know the book says "on your property" a few times, but I don't think they really mean it that way.

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jarodm20 wrote:

When you're outside in your yard, can you see the street or your neighbors' homes? Cuz I don't think Texas law allows you to open carry even in your own yard. I know the book says "on your property" a few times, but I don't think they really mean it that way.

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I've worn mine on my hip in plain sight off and on for years on my own property (within sight ofthree or four of my neighbors and within sight of the street at 100-600 feet depending). My neighbors have seen me wearing and never said or did anything. Most of my neighbors are avid gun owners and have even shot at would be night time burglars in the past just as I have done. When I moved out here about 10 years ago I was advised I might want to keep a firearm within arms reach for that very reason or just for the snakes and other varmints known to prowl around here. Of course all but one of my neighors are fellow combat wounded veterans.

Maybe someone who is more familiar with Texas law on this point would like to chime in.

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jarodm20 wrote:

When you're outside in your yard, can you see the street or your neighbors' homes? Cuz I don't think Texas law allows you to open carry even in your own yard. I know the book says "on your property" a few times, but I don't think they really mean it that way.

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I was featured on a fox news broadcast wearing my Glock in my yard, 15 feet from the street and surrounded by neighbors on all sides. it is perfectly legal.

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NativeTexan wrote:

I too try not to miss too many chances to wearone of my handguns on my hip while outside doing yard work and it has came in handy when spotting a couple of copperheads at different timesin the past 4 or 5 years as I live on a couple three acres out in "the sticks".

I've been thinking lately of wearing an empty holster while out in the public thus giving me the opportunity to discuss myopinions on the subject of open carry in Texas. Is anyone else here doing this or do you have an opinion on that subject. Good idea or bad idea in your opinion?

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Sorry, I wouldn't have even posted had I read the 1st page of posts (I stupidly thought NativeTexan's above post was the 1st on this thread).

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DKSuddeth wrote:

jarodm20 wrote:

When you're outside in your yard, can you see the street or your neighbors' homes? Cuz I don't think Texas law allows you to open carry even in your own yard. I know the book says "on your property" a few times, but I don't think they really mean it that way.

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I was featured on a fox news broadcast wearing my Glock in my yard, 15 feet from the street and surrounded by neighbors on all sides. it is perfectly legal.

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You are correct. Two sections lay this out in the penal code. I apologize for not looking this up before commenting.

PC 46.02: (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his 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;...

PC 46.15: (b) Section 46.02 does not apply to a person who:
(1)...[not relevant]
(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.....

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jarodm20 wrote:

DKSuddeth wrote:

jarodm20 wrote:

When you're outside in your yard, can you see the street or your neighbors' homes? Cuz I don't think Texas law allows you to open carry even in your own yard. I know the book says "on your property" a few times, but I don't think they really mean it that way.

Click to expand...

I was featured on a fox news broadcast wearing my Glock in my yard, 15 feet from the street and surrounded by neighbors on all sides. it is perfectly legal.

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Do you know if it is the same if you rent? I ask because I'm still in college and will not own any property for several more years.

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Ownership isn't mentioned just "own premises", which I think would be fine for a renter. Even if not, the next part saves you (under your control) :lol:. Here's the actual statute:

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

(2)inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(a-1)A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1)the handgun is in plain view; or

(2)the person is:

(A)engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B)prohibited by law from possessing a firearm; or

(C)a member of a criminal street gang, as defined by Section 71.01.

(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.

(b)Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c)An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

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Thanks for the citation.

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Just so you know, I wasn't trying to one-up you SA-TX.
I just got done editing my abovepost. I must've been writing it while you were writing yours.
And yes, thanks for looking it up, as I should have done originally.

I also looked up College Station's Code of Ordinance cuz I was worried about some BS city law. Good news, the only thing it mentions is that I can't carry inside city buildings (even with CHL).

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Premises under a person's control includes rented property , unless written lease contains condition limiting rights conveyed. Otherwise the renter has same rights as the holder of the deed.

Also consider OC if you are a resident of a condominium.Condo situationdiffers from apartments. Owners/renters possess limited property rights over common areas.

Just respect the appurtenant common area adjacent to another resident's unit. For example OC when going to the dumpster, or the cluster mailbox, or walking the dog, etc. Most HOA rules include a "disturbance/nuisance" rule - so that should be respected. Only if the home owner association (HOA) has a written rule prohibiting OC in common areas would OC be proscribed on condominium property inTexas.The association rules/declarations will dictate for any shared property. I would exercise caution - rules can be added if OC becomes an "issue" with other residents.