OC/CC In Dallas Texas

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I'm writing to inquire about the status of OC & CC in Dallas, Texas. My friend & I are possibly going to be traveling to Dallas for a convention in June. I'm wondering what the status of OC/CC is for non-residents traveling in the area before we head out that way.

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OC is illegal in Texas. CC is ok providing you have a CCL.

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Thanks for the info sir.

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While you are CCing, don't pay attention to "NO GUNS" signs or the gun buster logo. It must be a 30.06 sign to keep you out. Enjoy your visit.

http://www.statutes.legis.state.tx.us/?link=PE

Sec.30.06.TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a)A license holder commits an offense if the license holder:

(1)carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2)received notice that:

(A)entry on the property by a license holder with a concealed handgun was forbidden; or

(B)remaining on the property with a concealed handgun was forbidden and failed to depart.

(b)For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c)In this section:

(1)"Entry" has the meaning assigned by Section 30.05(b).

(2)"License holder" has the meaning assigned by Section 46.035(f).

(3)"Written communication" means:

(A)a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or

(B)a sign posted on the property that:

(i)includes the language described by Paragraph (A) in both English and Spanish;

(ii)appears in contrasting colors with block letters at least one inch in height; and

(iii)is displayed in a conspicuous manner clearly visible to the public.

(d)An offense under this section is a Class A misdemeanor.

(e)It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

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Clint_Thomas wrote:

OC is illegal in Texas. CC is ok providing you have a CCL.

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OC is legal in Texas if you are on your own private property.

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Jim Thorn wrote:

Clint_Thomas wrote:

OC is illegal in Texas. CC is ok providing you have a CCL.

Click to expand...

OC is legal in Texas if you are on your own private property.

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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.

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The standard terminology "intentionally, knowingly, or recklessly " inserted into the relevant Texas code sections isa traditional legislative code-word phrase for presumptivecriminal conduct.Remember the Texas legislature is only empowered to regulate the wearing of arms with a view "to prevent crime".

A personpresenting in a public venuewith aholstered handgun in a reckless manner, orwiththepresumptive purposeof the display beingintended to intimidate other persons in proximity is reckless behavior and may constitute a disorderly conduct charge even in the absence of a verbalized threat , and regardless of the location or circumstances.

The prevention of such behavior is the intent of existing Texas law ( sec. 46.02, sec 46.035, & sec. 42.01) relating handguns, and to firearms display in general.

It is possible to wear a holstered handgun in a manner not calculated to alarm others. Concealed carry is one way. Responsible non-concealed carry with prudence, common sense, and respect for others is another way. Of course presently in Texas the latter is not an option except under very limited circumstances - but it can be done.