Definition of "premises under [a] person's control" (TPC 46.02)

mithrandir

New Member
Nov 6, 2013
2
1
I have a question about the definition of "premises under the person's control" as used in Texas Penal Code Section 46.02 Unlawful Carrying Weapons.

It's clear that "premises" means real property or an RV, which includes buildings, rooms, land, driveways, etc.

However, "control" is not defined. Renting or leasing property, such as an apartment or hotel room, clearly satisfies any reasonable meaning of "control."

But does "control" extend to all legal occupants of premises? For example, occupants of a hotel room, other than the one who reserved and is paying for the room; or residents of a private address who do not share ownership of the property.

And how does this affect guests? It would be highly unlikely to result in an arrest, but would it technically be illegal for me to carry (open carry, or concealed without a license) on a friend's property, with his knowledge and consent?
 

ZX9RCAM

Over the Rainbow bridge...
TGT Supporter
May 14, 2008
44,066
113
The Woodlands, Tx.
Of course any legal advise you obtain over the internet is worth exactly what you paid for it, here goes;

The offense of Unlawfully Carrying a Weapon must occur in a "Public Place". A hotel room is NOT a public place. A residence is NOT a public place. A front yard MAY be a public place depending on the lay out.

Land or driveway may NOT be a protected part of the premis, but may be a public place, depending on the lay out. If the public is free to walk unemcumbered through the area it is likely a public place under the law.

So, this would include my front yard, correct?
I mean, there is no fence to stop them from coming in my yard....
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
Of course any legal advise you obtain over the internet is worth exactly what you paid for it, here goes;

The offense of Unlawfully Carrying a Weapon must occur in a "Public Place".
Where do you see THAT in the law? Actually, 46.02 does not require any such "public place" as an element of the offense. If you come and visit me at my house and do not have a CHL, you commit a violation of 46.02 if you carry a handgun unless you are conveyed control of the premises.


Public place has nothing to do with this law.
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
So, this would include my front yard, correct?
I mean, there is no fence to stop them from coming in my yard....
Although it has nothing to do with penal code 46.02 or the topic of this thread, the code defines public place.

Texas Penal Code
Sec. 1.07. DEFINITIONS. (a) In this code:

(40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
46.02 allows you to carry on your own premise without regard of whether it is a public place. You can carry unlicensed in your front yard regardless of the layout.
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
I have a question about the definition of "premises under the person's control" as used in Texas Penal Code Section 46.02 Unlawful Carrying Weapons.

It's clear that "premises" means real property or an RV, which includes buildings, rooms, land, driveways, etc.

However, "control" is not defined. Renting or leasing property, such as an apartment or hotel room, clearly satisfies any reasonable meaning of "control."

But does "control" extend to all legal occupants of premises? For example, occupants of a hotel room, other than the one who reserved and is paying for the room; or residents of a private address who do not share ownership of the property.

And how does this affect guests? It would be highly unlikely to result in an arrest, but would it technically be illegal for me to carry (open carry, or concealed without a license) on a friend's property, with his knowledge and consent?

Let's examine 46.02 as it applies to your question

Texas Penal Code
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;
I did not include the portions about vehicles and watercraft, nor did I include the definition of premises as you already know it.

Your question, " does "control" extend to all legal occupants of premises?". If those residents can control access to the property, then I believe they are in control of the premises. Can they refuse access to someone to a degree that criminal trespass would apply. That is the test I have been instructed applies. I do not believe guests would qualify. A non-licensee would be in violation of 46.02 if he carried a handgun on my property. If I ask you to watch my house for me while I am on vacation, then I believe you would qualify as being in control of the premises.

I realize much of this is an exercise, and an arrest is unlikely.
 

ZX9RCAM

Over the Rainbow bridge...
TGT Supporter
May 14, 2008
44,066
113
The Woodlands, Tx.
Although it has nothing to do with penal code 46.02 or the topic of this thread, the code defines public place.



46.02 allows you to carry on your own premise without regard of whether it is a public place. You can carry unlicensed in your front yard regardless of the layout.
Thank you...
 

mithrandir

New Member
Nov 6, 2013
2
1
Thanks for the replies, all of you.

Robocop, you're probably thinking of the disorderly conduct offense, which must occur in public, and consists of displaying a firearm or other deadly weapon (note: not just handguns) "in a manner calculated to alarm" (whatever that means).
 

Renegade

SuperOwner
Mar 5, 2008
8,310
113
Texas
November.

Almost time for my annual dissertation on why you cannot let a guest carve the Thanksgiving Turkey.
 
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