Non License carry question

[seeker_two]

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

So....if she had a hunting license and claimed to be hunting dust bunnies, she should be good, right?

 

[straightwall]

Jackalopes. Lol

 

[Mreed911]

So....if she had a hunting license and claimed to be hunting dust bunnies, she should be good, right?

Only if one normally uses handguns to hunt dust bunnies.

 

[Younggun]

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

I'm only here because I saw the pic in the TaT feed.


Sent from my HAL 9000

 

[txinvestigator]

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?

In my opinion when she exits her car with thee handgun in her purse she is violating 46.02.

 

[txinvestigator]

So....if she had a hunting license and claimed to be hunting dust bunnies, she should be good, right?

lol

Remember, those are overviews. The section that allows one to carry while hunting only applies if a handgun is commonly used in hunting dust bunnies.

 

[London]

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?

That would be leaving the gun unsecured. Bad idea IMO. Probably more of a liability at that point.

 

[ZX9RCAM]

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.

I realize this is not the case in this thread, but what if the place of business was "yours"?
You were the owner?

 

[txinvestigator]

I realize this is not the case in this thread, but what if the place of business was "yours"?
You were the owner?

"Premises under your control" in PC 46.02 would apply.

 

[ZX9RCAM]

"Premises under your control" in PC 46.02 would apply.

That is what I figured, thanks....

 

[MikeyJ]

lol

Remember, those are overviews. The section that allows one to carry while hunting only applies if a handgun is commonly used in hunting dust bunnies.

If she normally used a bow to hunt dust bunnies, couldn't she still legally carry as a backup?

 

[seeker_two]

lol

Remember, those are overviews. The section that allows one to carry while hunting only applies if a handgun is commonly used in hunting dust bunnies.

Doesn't everybody use a handgun for dust bunnies? A rifle would be overkill, I think....

 

[CZPistol]

That would be leaving the gun unsecured. Bad idea IMO. Probably more of a liability at that point.

How would her gun being in her purse on the counter/table inside the residence she was working in be "more of a liability" (assuming no children or purse snoopers were there while she was working)?

 

[Renegade]

This is an area where the law needs to be changed, IMO. Unlicensed carry on private property by lawful individuals is none of the govt's business and is between owner and gun toter.

 

[London]

How would her gun being in her purse on the counter/table inside the residence she was working in be "more of a liability" (assuming no children or purse snoopers were there while she was working)?

You just answered your own question. Is the assumption in your hypothetical a safe and responsible one? Of course not. Ethics and minimization of liability demand the gun always be secured.

A gun in the purse away from its owner is very unlikely to be of any help in a lethal force encounter. Much more likey would be that Mr. and Mrs. Jones' kid finds it or maybe a junkie family member of the employer goes pill hunting and catches his next pawn.

 

[Domineaux]

This is an area where the law needs to be changed, IMO. Unlicensed carry on private property by lawful individuals is none of the govt's business and is between owner and gun toter.

My mistake, please ignore.

 

[Mreed911]

Unless it is specifically prohibited somewhere in the penal code, it is lawful.

It is (prohibited). Read up in the thread.

 

[txinvestigator]

Unless it is specifically prohibited somewhere in the penal code, it is lawful.

The penal code specifically prohibits exactly what he is talking about.

 

[Renegade]

Unless it is specifically prohibited somewhere in the penal code, it is lawful.

Hence why I wrote "This is an area where the law needs to be changed", as it is prohibited in the Penal Code.