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

Discussion in 'Gun Legislation' started by mithrandir, Nov 6, 2013.

  1. mithrandir

    mithrandir New Member

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    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?
     


  2. robocop10mm

    robocop10mm Active Member

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    Good luck with your free internet advise
     
    Last edited: Nov 6, 2013
  3. ZX9RCAM

    ZX9RCAM Over the Rainbow bridge... TGT Supporter

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

    Shotgun Jeremy TGT Addict

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    Nvmnd
     
  5. txinvestigator

    txinvestigator TGT Addict

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    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.
     
  6. txinvestigator

    txinvestigator TGT Addict

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    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.
     
  7. txinvestigator

    txinvestigator TGT Addict

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    Let's examine 46.02 as it applies to your question

    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.
     
  8. ZX9RCAM

    ZX9RCAM Over the Rainbow bridge... TGT Supporter

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    Thank you...
     
  9. mithrandir

    mithrandir New Member

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    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).
     
  10. Renegade

    Renegade SuperOwner

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    November.

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


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