Open carry on your own property

[CptnRn]

I think you're worrying too much.

I'm not worried, I was trying to make what I think is a relevant point. If you are going to open carry on your "property", make sure you actually know where your "property" ends. I did not expect it would take so much "explaining".

There was an incident here in Austin a several years ago where a home owner shot and killed someone he thought was tampering with his car. The car was parked in a "neighborhood easement/driveway" in front of the homeowners house, but it was not on his "property". The suspect fled into the public ROW between the parking area and street where he was shot and killed. The fact that the homeowner was at no point on his own property when he pursued, shot and killed the suspect, severely complicated the owners claim of "self defense". As I recall the homeowner ended up doing time. I'm having trouble finding a reference to that case but it was in the news for months. I will post it later if I can find it.

 

[ZX9RCAM]

Joe Horn.


ETA: I didn't mean that was his name, just came to mind.

 

[CptnRn]

Joe Horn.
ETA: I didn't mean that was his name, just came to mind.

Joe Horn is a good example, "he wasn't on his property" played a role in the case. But the one I was thinking of was property owner Fred Yazdi in 2012.

Enrique Recio III, a 23-year-old Texas State University student wrecked his car in a northwest Austin neighborhood around 3 a.m. in early February.

Fred Yazdi, 47, found Recio hiding under his wife’s car in their driveway. “If you flee, I’m going to shoot you,” Yazdi said, according to police, and when Recio tried to run Yazdi shot him three times.

Yazdi was convicted of murder. One of the things that was hotly debated at the time was that the shooter was not on his property.

The questions in the case hinged on whether Yazdi, or his family or property, were under threat from Recio, and whether the sidewalk 100 yards from Yazdi’s house where Recio’s body was found was part of his “castle.”

https://www.texasmonthly.com/the-daily-post/fred-yazdi-was-convicted-of-murder-late-last-night/

 

[Lunyfringe]

Ok, right to carry without an LTC and right to defend with deadly force are a completely different set of rules.

In the case of deadly force, I wouldn't treat the sidewalk in front one's house different than any public place.
Even in my front yard, someone's life would have to be in danger... or a serious crime in progress.
In my hallway at 2am the test is more like "do I know you?"

 

[OldCurlyWolf]

It was my understanding from the survey I recently had done that the ROW was my property that the county used for a road. Same for the power line ROW across my property. It's mine but they have the right to use it for a specific purpose.

???????

Sometimes. It Depends on how the ROW was established. Is it an Easement or Fee Simple? Sometimes you have rights to the middle and sometimes you don't. It is a subject that requires definitive research on title before you argue about it.

 

[BRD@66]

I once owned property with a utility easement - my property but city had access. They bought it from me in a public domain shell game. Everything looked the same, I just didn't own it anymore.

 

[FireInTheWire]

Joe Horn is a good example, "he wasn't on his property" played a role in the case. But the one I was thinking of was property owner Fred Yazdi in 2012.



Yazdi was convicted of murder. One of the things that was hotly debated at the time was that the shooter was not on his property.



https://www.texasmonthly.com/the-daily-post/fred-yazdi-was-convicted-of-murder-late-last-night/

So he shot him in his back 3 times? He deserved jail time.

 

[FireInTheWire]

I work for a large utility. I encounter many folks OC on their property. It doesn't bother me when they are being cordial. Makes me happy to see it. But there was one night on a call out where I had to cut the lock to get inside. The idiot was out of power.. and reported it, but did not unlock his gate. I get there and no lights, no persons... gate locked. I cut that lock and drove inside. Halfway through restoring power he comes out with his tactical shotgun. Being VERY aggressive verbally. He never pointed it at me, but I was not very comfortable about the situation.

I was not fond of OC on that particular night. lol

 

[NavyVet1959]

It's always good to keep a spare 55g drum and a bag of lime to cut down on the decomp smell.

 

[easy rider]

It's always good to keep a spare 55g drum and a bag of lime to cut down on the decomp smell.

A big desert helps too.

 

[NavyVet1959]

A big desert helps too.

Sand is easier to dig in than this gumbo mud / clay that we have around here. If we are having a dry spell, it's a hard dry clay that is probably like adobe brick. If we are having a wet spell, it sticks to the shovel and is a lot heavier.

 

[easy rider]

Sand is, as long as you don't hit caliche.

 

[F350-6]

Sand is easier to dig in than this gumbo mud / clay that we have around here. If we are having a dry spell, it's a hard dry clay that is probably like adobe brick. If we are having a wet spell, it sticks to the shovel and is a lot heavier.

I've got gumbo here too. For $155 (I pick up and haul) I can rent a mini excavator for 4 hours. Couple of hundred for the whole day. You can dig a big enough hole to bury a horse 7' deep and still return it in time for the 4 hour cut off. (done that a few times).

 

[NavyVet1959]

I've got gumbo here too. For $155 (I pick up and haul) I can rent a mini excavator for 4 hours. Couple of hundred for the whole day. You can dig a big enough hole to bury a horse 7' deep and still return it in time for the 4 hour cut off. (done that a few times).

When cattle died or needed to be put down, we would just wrap a chain around the neck and drag it off to the "back 40". The various scavengers would strip it to bones and even scatter then quite a bit in very little time. That was far enough away from us (or anyone else for that matter) that even if the wind was blowing straight towards you house, you wouldn't smell it. What the smaller scavengers ('coons, 'possums, dogs, vultures, etc) didn't get, the beetles and fire ants would eventually clean up.

 

[Vaquero]

When cattle died or needed to be put down, we would just wrap a chain around the neck and drag it off to the "back 40". The various scavengers would strip it to bones and even scatter then quite a bit in very little time. That was far enough away from us (or anyone else for that matter) that even if the wind was blowing straight towards you house, you wouldn't smell it. What the smaller scavengers ('coons, 'possums, dogs, vultures, etc) didn't get, the beetles and fire ants would eventually clean up.

Yep.

 

[F350-6]

When cattle died or needed to be put down, we would just wrap a chain around the neck and drag it off to the "back 40".

Done that too, but with little girls (or their mother) and their horses, a proper burial for the horses was in order. Same chain and tractor was used to get the horse to the hole, so not really sure how proper it was, but it made them feel better.

 

[Vaquero]

Done that too, but with little girls (or their mother) and their horses, a proper burial for the horses was in order. Same chain and tractor was used to get the horse to the hole, so not really sure how proper it was, but it made them feel better.

Well, gotta respect that .

 

[Emccaff]

Depends on what you’re open carrying and how you’re carrying it?

 

[Mowingmaniac 24/7]

Too bad we can't do that with our selves when we die.

I told my wife, if as I'm sure will happen, I die before her, she could just pitch a few tires on me, add some gasoline, (hard to find kerosine anymore) and set me ablaze.

Funeral expense is a rip off.

Friggin lobbyists. Hey, you're dead and unless some sort of religious this or that gets in the way, why not DIY?

O.K. I can understand a doc stating "yep, heart attack killed him" so why then should my loved ones have go through the bother of a funeral or even a cremation?

We can do that at home...and we have the land to make it so.

 

[F350-6]

Too bad we can't do that with our selves when we die.

I told my wife, if as I'm sure will happen, I die before her, she could just pitch a few tires on me, add some gasoline, (hard to find kerosine anymore) and set me ablaze.

Trying to take her with you? Kerosene isn't that hard to find, just overpriced for what it is. Tell her to grab some #2 diesel fuel. It will burn the same as kerosene (not flash and create a bigger problem), and is cheaper too (since you're complaining about the cost of the funeral).