Need opinion on carry on private property of others

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  • IXLR8

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    My father-in-law a non CHL holder, visits the cemetary of his family on private property that is not his. The property is owned by a large company that grows trees for harvest. The land is leased to a hunting club which keeps the gate locked to keep out other people. Nearby the property is a person that raises pit bulls for fighting, but lets them roam free.
    He wants to carry a pistol for protection against potentially dangerous wildlife. He does jump the fence to gain access, but only for a short period of time occasionally. He has never been approached by any party that owns the land. The land is located in East Texas near Spurger, and is undeveloped.
    Can he carry the pistol concealed? Does he have to open carry it? I would appreciate if citations could be included in your response.

    Thanks in advance.
     

    roadkill

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    By law the land owner has to give him access to the cemetery but he has to notify them that he wants access. He should get permission first as he could be charged with trespassing. This could and would be an issue if ever has to use a gun, chl or non chl. And he should get a chl to avoid any issues with carrying.
     

    franzas

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    I would talk to the land owner. Ask if its okay with whoever manages the land and explain the situation. In my state, trespassing with a loaded firearm is a felony, CHL or not. Now, if his land is inaccessible by roadway, then he might not be considered trespassing if he is only going to his property and back, therefore carrying could be legal.

    x2 on getting a CHL

    Anonymous tip on the dogfighting ring. That's just wrong on so many levels. That should not be allowed to continue under any circumstances
     

    bones_708

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    Unless he owns the graveyard itself he cannot carry without a chl. One thing you may recommend is that he get written authorization from the landowners that he passes thru to get to the cemetery. They have to allow access but they can control how and what route be used to gain access. A letter from the company as evidence may eliminate trouble from any possible disagreements that could occur.
     

    karlac

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    Land stated to be owned by a "large company" who is also a Lessor on subject property. Doubtful management of a "large company", in today's lawyer driven culture, will make a decision without first referring any request to carry a firearm for non-hunting purposes to the legal department.

    Do ask for permission if it means that much, while keeping in mind it is unlikely any legal department will recommend that out of an abundance of precaution due to liability issues, and, in particular, the stated fact that they already have a lessee on the property.

    In the interest of saving time and effort, it would be prudent to forget about carrying a firearm on leased, private land altogether, and carry a big stick/cane instead.
     

    karlac

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    I would appreciate if citations could be included in your response.

    Here's your cite: [h=1]Texas Penal Code - Section 30.05. Criminal Trespass[/h]
    (d) An offense under Subsection (e) is a Class C misdemeanor unless it is committed in a habitation or unless the actor carries a deadly weapon on or about the actor's person during the commission of the offense, in which event it is a Class A misdemeanor. An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if: (1) the offense is committed: (A) in a habitation or a shelter center; (B) on a Superfund site; or (C) on or in a critical infrastructure facility; or (2) the actor carries a deadly weapon on or about his person during the commission of the offense.
     
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