Hey redneck I think we hit the enter button at the same time!
Curses....foiled again!Actually, if you look closely, you'll see that mine went in first 'cuz ah'm purtier..... View attachment 4565
Curses....too short again!
there...fixed!
no - don't thank me.....
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.
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.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)
No, because a person HUNTING is not liable under 46.02, due to 46.15 (b)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.
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...
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.
- but you and I BOTH know that's a specious example for you to use.