Non License carry question

[tpepper70]

I have a friend whose wife cleans houses for people. She is not LTC yet, but working on it. Can she legally carry from her car to the houses she cleans, with the owners consent, and back to the car without a license? Some friends say yes, some say no. What say y'all? Be a non issue if she had her license, but she gets a little nervous at a few houses. Customers aren't home when she cleans and a few of these houses are way out of town. Thanks

Cruce Dum Spiro Fido

 

[straightwall]

Well, better to be judged by 12 than carried by 6. No Texas jury will condemn her for acting to save her own life. How far into the LTC process is she?

 

[tpepper70]

True that.

Cruce Dum Spiro Fido

 

[Savage20]

Make it more than homeowner consent. Have them verbally give her control of the property while she is there - the only legal way to concealed carry on private property without an LTC.

 

[BRD@66]

Maybe our most hated member will drop by & pontificate.

 

[Recoil45]

We have house cleaner. If she ever asked to carry in my home I'd give her permission and provide a written email or even a notarized letter if requested.

Why not get her license?

 

[tpepper70]

Thanks guys. The good thing is she has permission. Maybe an email from each stating permission would be good backup.

Cruce Dum Spiro Fido

 

[Recoil45]

Maybe our most hated member will drop by & pontificate.

I'm not sure anyone actually hates him. His trolling/devils advocate trait is highly annoying but I'd still consider him a valuable member of the forum.

 

[majormadmax]

I'm not sure anyone actually hates him. His trolling/devils advocate trait is highly annoying but I'd still consider him a valuable member of the forum.

It's self-proclaimed. While he might irritate a few folks on here, most recognize his contributions to the site.

By the way, I think the answer is 'no' as she wouldn't have legal control of the property, it's not something a person can simply 'grant' just anyone; but we'll wait and see what our 'Most Hated Member' has to say!

 

[tpepper70]

I was thinking it might be ok since she's going into her place of business. That may be stretching it tho.

Cruce Dum Spiro Fido

 

[txinvestigator]

Here are the lawful types of non-licensed carry;

1. On your own premises or premises under your control (penal code 46.02)
2. Enroute to or inside of a motor vehicle or watercraft that you own or that is under your control (PC46.02)
3. Peace Officer and Special Investigators (46.15 a)
4. other LE, etc (PC 46.15 a)
5. Armed forces (PC 46.15 b)
6. Traveling (PC 46.15 b)
7. Hunting, fishing or other lawful sporting activity...(PC 46.15 b)
8. On duty security officer (PC 46.15 b)
9. Armed body guard (PPO) (PC 46.15 b)
10. License to carry (PC 46.15 b)
11. As a manager of a TABC location (PC 46.15 b)
12. Law enforcement student in class (46.15 b)
13. Public Security Officer (PC 46.15 b)
14. Armed forces (46.15 b)
15. Penal Institution (46.15 b)


There is no provision for a contractor or employee to carry on the premise of someone else with permission of the property owner. permission is irrelevant.

The carried by 12 thing is all well and good if she knows to and ONLY uses her gun to defend her life. No license? Does she know when she can display her gun, actually use deadly force?

To lawfully carry in those homes she would need to have control of the property. Does she have full control of the property while she is there? Can she tell people to "get off the lawn" and enforce that?

Hope this helps

 

[txinvestigator]

I was thinking it might be ok since she's going into her place of business. That may be stretching it tho.

Cruce Dum Spiro Fido

There is no provision for non-licensed carry "in your place of business"

 

[txinvestigator]

I'm not sure anyone actually hates him. His trolling/devils advocate trait is highly annoying but I'd still consider him a valuable member of the forum.

Is it trolling when you post your actual opinions? I realize that I don't jump on the extreme bandwagons....but I don't troll

 

[tpepper70]

Only reason I mentioned place of business is because and officer friend of mine said it was legal to go from house to vehicle to place of business and back. Prob where my confusion comes from. Thanks again for the replies.

Cruce Dum Spiro Fido

 

[txinvestigator]

Only reason I mentioned place of business is because and officer friend of mine said it was legal to go from house to vehicle to place of business and back. Prob where my confusion comes from. Thanks again for the replies.

Cruce Dum Spiro Fido

It is not legal to carry from vehicle to place of business. Place of business is NEVER mentioned in the carry laws, unless you consider the manager of a TABC licensed business.

The only exceptions to UCW (PC 46.02) are those that I listed.

 

[tpepper70]

Gotcha. Thanks.

Cruce Dum Spiro Fido

 

[DubiousDan]

It's self-proclaimed. While he might irritate a few folks on here, most recognize his contributions to the site.

By the way, I think the answer is 'no' as she wouldn't have legal control of the property, it's not something a person can simply 'grant' just anyone

Would it be legal for her to carry it from her car to the property and back if she...left it in her purse while she's working and did not have it on her person?

 

[tpepper70]

Good question DubiousDan. She actually keeps it in her cleaning box.

Cruce Dum Spiro Fido

 

[DubiousDan]

Here are the lawful types of non-licensed carry;

1. On your own premises or premises under your control (penal code 46.02)
2. Enroute to or inside of a motor vehicle or watercraft that you own or that is under your control (PC46.02)
3. Peace Officer and Special Investigators (46.15 a)
4. other LE, etc (PC 46.15 a)
5. Armed forces (PC 46.15 b)
6. Traveling (PC 46.15 b)
7. Hunting, fishing or other lawful sporting activity...(PC 46.15 b)
8. On duty security officer (PC 46.15 b)
9. Armed body guard (PPO) (PC 46.15 b)
10. License to carry (PC 46.15 b)
11. As a manager of a TABC location (PC 46.15 b)
12. Law enforcement student in class (46.15 b)
13. Public Security Officer (PC 46.15 b)
14. Armed forces (46.15 b)
15. Penal Institution (46.15 b)


There is no provision for a contractor or employee to carry on the premise of someone else with permission of the property owner. permission is irrelevant.

The carried by 12 thing is all well and good if she knows to and ONLY uses her gun to defend her life. No license? Does she know when she can display her gun, actually use deadly force?

To lawfully carry in those homes she would need to have control of the property. Does she have full control of the property while she is there? Can she tell people to "get off the lawn" and enforce that?

Hope this helps

Damn, I'm impressed. You typed all that and a couple other responses while I hunted and pecked to post my previous question.

 

[robertc1024]

... "most hated member"... pfft - not by a long shot.