imported post
Jim Thorn wrote:
Clint_Thomas wrote:
OC is illegal in Texas. CC is ok providing you have a CCL.
OC is legal in Texas if you are on your own private property.
OC is statutorily legal in the following cases:
* When carrying a long gun (TPC Sec 46.02 only covers handguns). However, in an urban area you are VERY likely to be arrested and detained for "disorderly conduct" (carrying a firearm in a manner calculated to cause alarm). "Calculated" is one of those weasel-words that requires a subject; "calculated" by whom? The statute doesn't say, allowing case-by-case argumentwhich is very iffy.
* When on property you "lawfully own or control". This includes lease agreements, and outdoors. In an urban area you are likely to be stopped and questioned, but the law is very clear in TPC Sec 46.15 that 46.02 is not violated in this case, so an arrest in this case would be unlawful (if arrested, cooperate anyway, because the crime of resisting arrest is still a crime if the arrestis unlawful).
* When engaged in the lawful act of hunting ("lawful" including not trespassing). This is the only lawful permission that can be given to you as a civilian in Texas that will allow you to OCon someone else's land.
* When engaged in a lawful "gun-related" activity or event. Specifically-covered events include gun shows, gun ranges, and competitive shooting events.
* When travelling directly betweenproperty you own or controland your own motor vehicle. The letter of the law makes no mention of the manner in which the firearm must be carried, therefore ALL carry is technically legal in this sense.
OCis not specifically recognized aslegal, but is generally not prosecuted:
* When on another's land with their permission to carry generally. This is primarily because the police must see the OC and have reasonable suspicion it is illegal, OR a complaint must be called in. Neither is likely on your friend's 500-acre ranch.
* In gun shops, by the employees of the store. This is generally justified by a strong demonstrated need for security, and also by the "property you lawfully own or control" clause, which can be interpreted as the employees are responsible for the store, hence they "control" it.
In all other cases, OC is illegal and you are very likely to be called on it.