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Open Carry BBQ in Elgin, Tx

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  • MR Redneck

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    Believe it or not, Texas law does not give property owners the right to allow guests on their property to carry handguns (just like you cannot give guests the right to drive drunk on your property). You can check PC46.02 and see for yourself. So unless they are a Peace Officer, etc., or some other 46.15 activity is occurring (of which a BBQ is NOT), it is a Class A.

    I read thishttp://www.bakers-legal-pages.com/pc/4602.htm, and found I no problem. From what I read, I have determined that the property owner would have to call the police and press charges. Otherwise, the law cant come on his property!

    I read this and found the same BS laws. Text of Texas Penal Code Sec. 46.15.

    So I guess we'll just all be breaking the law. I respect the wishes of private property owners when I am a guest on their property. Never once have I asked anyone to consult with Legislature in reguard to their private property.
    If the man ask me to join him in a open carry BBQ, then I'll be having a 5"1911 on my hip.
    To be fancy and presentable, Im going to buy me a brand new perdy Kimber to make myself presentable at the man's BBQ.
    I will also thank him for inviting me.
     

    West Texas

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    Believe it or not, Texas law does not give property owners the right to allow guests on their property to carry handguns (just like you cannot give guests the right to drive drunk on your property). You can check PC46.02 and see for yourself. So unless they are a Peace Officer, etc., or some other 46.15 activity is occurring (of which a BBQ is NOT), it is a Class A.

    I make fun of this silly situation just before Thanksgiving in my annual "Do Not Let The Guests Carve The Turkey" reminder. :-)

    Actually, I CAN give pernission for someone to carry openly on property I control...and can assign that right to grant permission to anyone I so choose through a lease agreement. Do it all the time actually, through residential and commercial real estate leases and hunting leases...and there is case law to support it.
     

    MR Redneck

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    I honestly think nobody will give a crap because were already have the mans permission to open carry on his very own private property. Unless he feels the need to call the cops, I dont understand how anyone can do anything about it.
    Its his property, NOT the states! If he told me he didnt want me carrying a gun on his property then thats fine too because its his decission and I have a choice not to go there.
    This is a perfect example of how the Law Makers are out of line. They seem to focus more on the profit of Lawyers and the courts ability to make money off honest people rather than dealing with criminals!
    Private property should only be regulated by the person who paid for it!
     

    rodbender

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    (just like you cannot give guests the right to drive drunk on your property). :-)

    Huh!?!?!? If it is illegal to drive drunk on private property, show me the law.

    You are invited as well. If you are afraid that you can't resist the urge to arrest everyone, just stay home.
     

    MR Redneck

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    pie-in-face.gif
     

    Renegade

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    Actually, I CAN give pernission for someone to carry openly on property I control...and can assign that right to grant permission to anyone I so choose through a lease agreement. Do it all the time actually, through residential and commercial real estate leases and hunting leases...and there is case law to support it.

    In case you didn't know, most folks who host a BBQ do not transfer control of their property to the guests via a lease.
     

    Renegade

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    Huh!?!?!? If it is illegal to drive drunk on private property, show me the law.

    You are invited as well. If you are afraid that you can't resist the urge to arrest everyone, just stay home.

    Thanks for the offer. Not a cop I do not arrest anyone. I just like to point out how stupid this law is. As I said more info in my annual turkey day warning.
     

    West Texas

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    In case you didn't know, most folks who host a BBQ do not transfer control of their property to the guests via a lease.

    In case you didn't know, an INVITATION to be on the propery with the EXPRESS PURPOSE of having BBQ and open carry of a handgun GIVES EXPRESS CONSENT for the guest to do so. No law broken.
     

    Renegade

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    Generally I don't get wound but is this really that big of a deal to you?

    Yes, any laws that impede on my RKBA or property rights are a big deal to me. I would think this is a big deal to anyone who wants open carry, since 46.02 is what prohibits Open Carry in the first place.

    This one is more humorous than anything else.

    So is RKBA & Open Carry a big deal to you or not?
     

    Renegade

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    In case you didn't know, an INVITATION to be on the propery with the EXPRESS PURPOSE of having BBQ and open carry of a handgun GIVES EXPRESS CONSENT for the guest to do so. No law broken.

    Not according to the law. You may want to read it sometime. Here it is:

    Sec.A46.02.UNLAWFUL CARRYING WEAPONS.A (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:


    guest at a BBQ does not meet any of the 'not' conditions.

    Sorry.

    Instead of arguing about, why not try and repeal it? The we could all open carry. That is the goal, isn't it?

    ETA:

    Out of respect for the OP and to not hijack this thread about this silly law, I will not go any further on this. It was meant humorously.
     

    rodbender

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    When ya get a date set, let me know. I'll be glad to bring some briskits. I smoke a pretty good molasses briskit!

    I'm gonna take you up on that offer. I've heard a lot about brisket cooked with molasses, but never had any. If it's left up to me, it will be store bought or Southside BBQ doings (which is actually pretty good, but I've had better). I can't cook brisket for $4!1. I do know how to put it on the pit to keep it warm.

    I'll supply everything else, unless someone has something special you want to bring. They have some real killer sausage so I'll pick up some and cook it here. Anybody want chicken? How about hotdogs for the kids? Let me know what you want. I'll draft the wife to do the potato salad. SHHH!! She don't know yet.

    OK, the date is Sat., Dec,4. That's the Saturday after Thanksgiving weekend. What time? 10 AM to get started? Eat around 1:00 PM?

    No alcoholic beverages before or during. After you leave you can be as wreckless as you want.

    All guns stay holstered. There will be an area set aside for showing off your favorite piece. Weapon must be cleared before handling.

    Bad language should be kept to a minimum. My mouth can be as bad as the next guys, so let me know if I get out of your comfort zone.

    Everyone that intends to come needs to PM me, and if it's OK with him, MR Redneck, since he will be supplying the brisket. The PM should include the number of people in your party and how many adults and children.

    I'm also posting this at OCDO, and I will PM MR Redneck with the number from that cite.
     

    texas_teacher

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    Actually, I CAN give pernission for someone to carry openly on property I control...and can assign that right to grant permission to anyone I so choose through a lease agreement. Do it all the time actually, through residential and commercial real estate leases and hunting leases...and there is case law to support it.


    That's exactly why you see a lot of Range Officers carrying open at ranges... Their employer gives them the right to open carry.
     
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