Open Carry BBQ in Elgin

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    Acetone

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    The owner of the property can lawfully do it.

    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
     

    txinvestigator

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    The owner of the property can lawfully do it.

    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

    I get that. What about all those other people who neither own the property or have it under their control?
     

    jsimmons

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    I've applied for my CHL (hopefully I'll have plastic in-hand by the end of October), and I carry in my car.

    In addition, I've started wearing an unconcealed empty holster as a form of support for the introduction and passage of open carry legislation in Texas. My immediate supervisor at work continually hassles me about it (he "doesn't mind" concealed carry, but has a problem with open carry). I simply answer the same way every time.

    A) I'm not breaking any law by doing it.
    B) I'm not violating company policy by doing it.
    C) I'm exercising my 1st amendment right to free speech by doing it.

    And when he says it's pointless to walk around with an empty holster, I respond, "See? You *do* understand why I'm doing it."

    Texas law needs to be changed. The only way it will get changed is if free Texans band together and support it. I'm already a little twisted about having to buy back my right to bear arms via the CHL application process. I'd much rather open carry than conceal carry.

    BTW, what would it take to establish an open-carry forum on this board?
     

    txinvestigator

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    I've applied for my CHL (hopefully I'll have plastic in-hand by the end of October), and I carry in my car.

    In addition, I've started wearing an unconcealed empty holster as a form of support for the introduction and passage of open carry legislation in Texas.

    But it is a free country, and you are free to do that.


    Texas law needs to be changed.
    Agreed, but not to open carry.

    PS, you won't see open carry here in Texas anytime soon.
     

    Big country

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    I get that. What about all those other people who neither own the property or have it under their control?
    So if I set out with a few friends to hunt and the owner of the property is openly carrying a pistol and I choose to do the same, under your interpretation of the law I am unlawfully carrying a weapon? Private property private rules. There is no law against a group of people carrying openly on private property. If there was there would be a lot of gun ranges shut down. I don't care weather you are for or against open carry or your reasons behind it nor am I trying to be a smart ass and attack your views. I'm asking what seems like a legitimate question to me. Good to have you back BTW.
     

    BurkGlocker

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    See, in my interpretation of the law, if you have permission from the property owner, then you can open carry, as long as you have permission. And if it is on private property, WTF is the law going to do? arrest everyone there for open carry? They better have a search warrant on hand if doing so, because the legal rights of the people would be violated and the case would be thrown out by any competent judge for the violation of those rights.
     

    txinvestigator

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    So if I set out with a few friends to hunt and the owner of the property is openly carrying a pistol and I choose to do the same, under your interpretation of the law I am unlawfully carrying a weapon?
    No, if you are engaged in lawful hunting and a handgun is commonly used in that activity (I don't hunt, but I am under the impression that most hunters carry a handgun for protection) then you don't NEED a CHL to carry. That exception to 46.02 is in 46.15 (b).

    Private property private rules. There is no law against a group of people carrying openly on private property.[/quote] Yes there is. Read Texas Penal Code section 46.02. That law even allows you to carry on your own premises or premises under your control. It does not allow you to carry on property NOT under your control.
    If there was there would be a lot of gun ranges shut down.
    No, gun ranges fall under the exceptions in 45.15 (b) also.

    Good to have you back BTW.
    Thanks


    Texas generally bans the carry of handguns. In fact, TPC 46.02 makes it unlawful to carry on or about your person, UNLESS you are on your own premises or premises under your control, or inside of or directly en route to a vehicle you own or is under your control. The only other way to lawfully carry is to meet one of the exceptions (they are actually times when 46.02 does not apply) in section 46.15(b). Any other possession outside of those is unlawful. (46.15(a) allows cops, etc to carry, but it is not relevant to this discussion)

    If it is correct, as you assert, that there is no law against openly carrying on private property, then why can I not carry openly at Albertson's? It is private property.

    In fact, you cannot. Just like I cannot go to my neighbor's house and open carry, UNLESS I the property is under my control. For example, if he goes on vacation and asks me to watch his house, etc., his property is under my control, and I can carry in any fashion I like while there.

    I don't think that a property owner can give a group of people "control of his property" just to circumvent the 46.02.
     

    txinvestigator

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    See, in my interpretation of the law, if you have permission from the property owner, then you can open carry, as long as you have permission. And if it is on private property, WTF is the law going to do? arrest everyone there for open carry? They better have a search warrant on hand if doing so, because the legal rights of the people would be violated and the case would be thrown out by any competent judge for the violation of those rights.

    Nope, see my post above. Where does 46.02 or 46.15 make it not unlawful "if you have permission of the property owner"? I don't see that in there.

    If LE is otherwise lawfully in the property, or observe a violation from off of the property, they don't need a search warrant to arrest you.
     

    Texas1911

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    I seriously doubt any officer is going to go out of his way to arrest people having a BBQ unless you are doing something stupid.

    There's the law, then there's common sense. If every officer out there followed the law verbatim then every one of us would be pulled over daily. Laws are there to protect society, and frankly a bunch of people open carrying handguns on private property at a BBQ function is not a danger to society. It's going to be seen in the same light as someone doing 5 MPH over on the highway. Are they braking the law? Yes, but are they endangering everyone to the point it warrants interdiction by the officer? No.
     

    usmcpmi

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    Texas 1911, Just remember this Bastrop County, the last Sheriff was convicted of a state jail felony... some of his crooked buddies still work there.... and will use any excuse to pull a power trip on you...I know, I live here. MG
     

    txinvestigator

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    Texas 1911, Just remember this Bastrop County, the last Sheriff was convicted of a state jail felony... some of his crooked buddies still work there.... and will use any excuse to pull a power trip on you...I know, I live here. MG


    While I don't buy into the "power trip" thing, the fact is I don't see how what they are doing is legal. Not a good way to get the support of your legislators.

    Will anything come of it? I don't know? It could, and anyone open carrying outside if the law risks serious consequences.

    I don't really care what anyone does, just be correctly informed. ;)
     

    Acetone

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    I'm not sure, but just throwing it out there...maybe Texas Penal Code only applies to out in public. If on private property, the property owner has the option to "Press Charges"? If not, where does pressing charges come into play?
     

    Texas1911

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    I'm not sure, but just throwing it out there...maybe Texas Penal Code only applies to out in public. If on private property, the property owner has the option to "Press Charges"? If not, where does pressing charges come into play?

    If you cook meth on your private property it's not like you have the luxury of not applying charges. The law specifically states that only the owner, or someone in control, can lawfully carry. The other guests aren't allowed, and the police don't require anything to arrest the guests.
     

    SIG_Fiend

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    This is an example of precisely why open carry should be legal here, and yet another reason why we should probably do away with at least 50% of the laws on the books. It's yet another example of how having excessive laws on the books means that, at any given time, nearly every single person is breaking at least one law or another in some way, shape or form.
     

    txinvestigator

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    I'm not sure, but just throwing it out there...maybe Texas Penal Code only applies to out in public. If on private property, the property owner has the option to "Press Charges"? If not, where does pressing charges come into play?


    It clearly does not only apply to "out in public". The STATE presses charges against a person who violates Texas law.

    How do you think they bust people for possession of drugs, illegal guns, etc., on private property.
     
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