Is a CHL required for

[Jval]

an out-of-state visitor carrying a handgun on my private property, with my permission, in an unincorporated area?

It seems logical that the second amendment would allow for this, but I can't find a specific written law for Texas that states this.

Any help or direction will be appreciated.

 

[TexasRedneck]

An owner or his agent may legally carry on his private property. As your guest you can extend said permission to him.

 

[Texan2]

No CHL needed for the above described activity. Dont look for a law that says you CAN do something, look for one that says you CANT. In this case you wont find it.

 

[Texan2]

Hey redneck I think we hit the enter button at the same time!

 

[Jval]

Thanks so much! I'm a bit of a newbie, but wanted to make sure.

 

[TexasRedneck]

Hey redneck I think we hit the enter button at the same time!

Actually, if you look closely, you'll see that mine went in first 'cuz ah'm purtier..... View attachment 4565

 

[Texan2]

Actually, if you look closely, you'll see that mine went in first 'cuz ah'm purtier..... View attachment 4565

Curses....foiled again!

 

[TexasRedneck]

Curses....too short again!

there...fixed!

no - don't thank me.....

 

[Wolfwood]

there...fixed!

no - don't thank me.....

LoL

 

[txinvestigator]

I disagree with the above answers.

Texas law (Penal Code section 46.02) makes it unlawful for a person to carry a handgun on or about his person UNLESS he is on HIS OWN PROPERTY, or PROPERTY UNDER HIS CONTROL.

No where does that law allow the property owner to makes others exempt from that law. How does one determine if a person is in control of property? I believe it is control of access. If the person can control the access to the property I believe he would qualify.

To the OP; There are other exemptions under penal code 46.15 (b)

Texas Penal Code

b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;
(4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in plain view;
(5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person:
(A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the person's place of assignment; and
(B) is either:
(i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's weapon in plain view; or
(ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner;
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;
(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or
(8) is a student in a law enforcement class engaging in an activity required as part of the class, if the weapon is a type commonly used in the activity and the person is:
(A) on the immediate premises where the activity is conducted; or
(B) en route between those premises and the person's residence and is carrying the weapon unloaded.

 

[West Texas]

I disagree with the above answers.

Texas law (Penal Code section 46.02) makes it unlawful for a person to carry a handgun on or about his person UNLESS he is on HIS OWN PROPERTY, or PROPERTY UNDER HIS CONTROL.

No where does that law allow the property owner to makes others exempt from that law. How does one determine if a person is in control of property? I believe it is control of access. If the person can control the access to the property I believe he would qualify.

To the OP; There are other exemptions under penal code 46.15 (b)

If this is the case, then carrying a firearm you just purchased from the store to your car is illegal...and carrying a firearm in your car could be considered illegal...if you even pick up a firearm inside of a store to look at it, that could be considered illegal...

 

[Texan2]

I disagree with the above answers.

Texas law (Penal Code section 46.02) makes it unlawful for a person to carry a handgun on or about his person UNLESS he is on HIS OWN PROPERTY, or PROPERTY UNDER HIS CONTROL.

No where does that law allow the property owner to makes others exempt from that law. How does one determine if a person is in control of property? I believe it is control of access. If the person can control the access to the property I believe he would qualify.


To the OP; There are other exemptions under penal code 46.15 (b)

While you make a good case, the law doesn't say "control of access", it says "under his control", which is not defined. I could make an excellent argument that when I am on a friends land by invitation that at that moment it IS under my control.
If this WERE an issue, everyone that goes hunting anywhere and carries a pistol with them would be in violation unless they were on their own land.

 

[txinvestigator]

If this WERE an issue, everyone that goes hunting anywhere and carries a pistol with them would be in violation unless they were on their own land.

No, because a person HUNTING is not liable under 46.02, due to 46.15 (b)

 

[txinvestigator]

If this is the case, then carrying a firearm you just purchased from the store to your car is illegal...and carrying a firearm in your car could be considered illegal...if you even pick up a firearm inside of a store to look at it, that could be considered illegal...

Well, it IS the case. We are not talking about car carry, we are discussing property carry. Under 46.02 a person does not commit an offense if he carries a handgun enroute to or inside of a motor vehicle he owns or is in control of. I did not include that because it was irrelvant to the discussion.

Case law has held, even before the motorist protection act was passed in 2007, that the examination, purchase and transportation home of a handgun was not unlawful.

 

[TexasRedneck]

I disagree with the above answers.
Texas law (Penal Code section 46.02) makes it unlawful for a person to carry a handgun on or about his person UNLESS he is on HIS OWN PROPERTY, or PROPERTY UNDER HIS CONTROL.

And that last bit is key and pertinent to this conversation. As a guest given permission to carry on the owners land, he has essentially become his agent, which means the property is under his control for the purpose of carrying the gun.

 

[txinvestigator]

And that last bit is key and pertinent to this conversation. As a guest given permission to carry on the owners land, he has essentially become his agent, which means the property is under his control for the purpose of carrying the gun.

So if I don't work at Dillards, have no CHL, but the manager tells me I can carry it would be lawful. I just don't think so. The owner cannot give permsission to carry. The law states when that is allowable. Unless you can show me case law otherwiise.......I just have to disagree.

 

[TexasRedneck]

Disagree all you'd like. I've studied VACS as well - along with the specifics of the law over many years. You aren't required to believe me - nor am I required to bow to your position. In your example, the manager is the representative of record, so he probably COULD do so - but you and I BOTH know that's a specious example for you to use.

 

[txinvestigator]

- but you and I BOTH know that's a specious example for you to use.

No, I don't think it is. If a homeowner can flat out give you permission to carry for no other reason than he gives you permission, then so can the Dillards guy.

If permission were enough, IMO, 46.02 would thus state.


And I thought we were just having a back and forth here, I don't see anyone asking others to "bow".

 

[TexasRedneck]

AAMOF, he could - doubt that he would, but he could. The gray area there comes into whether he would be violating any corporate policies, etc. But we were taught that a homeowner could assign an agent/representative, and that that person would have all the rights of the owner - period. That authorization could be in writing or verbal - just so long as it could be confirmed in one fashion or another.

 

[Texas1911]

The easy work around is to carry a long gun, or simply setup some targets and call it sporting usage. If you claim it is for hunting purposes it would behoove you to possess a non-resident hunting permit, as hogs are always in season.