Is a CHL required for

[Texas1911]

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 it were a liquor licensee then you could enact someone to carry on premise without a permit, but to my understanding that is the limit of powers granted via ownership.

 

[txinvestigator]

If it were a liquor licensee then you could enact someone to carry on premise without a permit, but to my understanding that is the limit of powers granted via ownership.

Yeah....46.15 actually states that if you supervise the operation of the licensed premises you can carry...

 

[txinvestigator]

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.

I would agree with that. They key is the assignment of a agent/representative.

 

[jsimmons]

At the open-carry bar-b-que that happened last October up near Austin, there were about a dozen people there (including Debra Medina) and everyone was openly packing heat. Everyone except Medina's was in condition 1, and there wasn't a cop in sight.

I think we need to have more of these, and in different parts of Texas.

 

[Duncan.45]

I know Texas1911 is correct about the liguor licensee. Years ago I worked in a club and I made damn sure it was legal for me to carry.

txinvestigator

Originally Posted by TexasRedneck
- 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".

The difference between the Dillards guy and the homeowner is the homeowner actually owns the property. Where the Dillards guy does not. A rather distinct difference in my opinion.

Originally Posted by 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)

Seems clear to me the owner leaves this guy in control of the property. Just put it in writing or get it notarized while your at it.

Control I would assume would mean control of access as well. Or he could specify that he has control of the property as well as control of access to the property.

Even though I believe it would say control of access if that what is meant.

One other way around would be to just give the guy a lease to this property making him in effect owner of the property and all this moot.

Which unless he shoots a guy on the property or does something of that nature I doubt any of this would ever be called into question and as long as the shooting was just I doubt it would even come up then either.

Now if he is guarding a drug manufacturing operation or anything illegal I would say it is moot as well.

My $.02



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[IXLR8]

Perhaps Dillards is a bad example, because of corporate rules and policies are rarely at the discretion of the manager. Perhaps consider a store the size of Dillards, and the direct owner of the store specifically authorized you (and you better have it writing) to carry, would that be enough?

I have another question:
If you have a common backyard with several other neighbors, and you choose to clean your guns outside, is that OK? Perhaps in the process of cleaning you have several guns in various states of assembly and assume at least one is assembled. IS there any problem with that.? I ask because of clauses not to alarm the general public. Or do those clauses only apply while off of your property.

Thanks!

 

[Duncan.45]

Why would you clean your guns outside? Sounds like if you share a common back yard your inviting trouble or trying to intimidate your neighbors, "several guns". Or inviting one of your neighbors to rob you when your not home. Or even if that isn't a concern it only takes one of their kids friends to mention to a friend you own several guns.

Even if it is legal try the garage if your wife won't allow it in the house.

Just sounds like your asking for trouble to me. Why play with fire?

 

[txinvestigator]

Perhaps Dillards is a bad example, because of corporate rules and policies are rarely at the discretion of the manager. Perhaps consider a store the size of Dillards, and the direct owner of the store specifically authorized you (and you better have it writing) to carry, would that be enough?

No

I have another question:
If you have a common backyard with several other neighbors, and you choose to clean your guns outside, is that OK? Perhaps in the process of cleaning you have several guns in various states of assembly and assume at least one is assembled. IS there any problem with that.? I ask because of clauses not to alarm the general public. Or do those clauses only apply while off of your property.

I am not sure what you mean by common backyard. ??

 

[Willy]

Give your out of state friend your house keys and your property is now in HIS control. Could it be that simple?

 

[MR Redneck]

At the open-carry bar-b-que that happened last October up near Austin, there were about a dozen people there (including Debra Medina) and everyone was openly packing heat. Everyone except Medina's was in condition 1, and there wasn't a cop in sight.

I think we need to have more of these, and in different parts of Texas.

When and where? Im in!!! But dont invite Madina, she might take advantage of the statement and encourage people to openly smoke the dope.