Open Carry BBQ in Elgin

Discussion in 'Texas Concealed Handgun (CHL)' started by jsimmons, Sep 25, 2009.

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  1. jsimmons

    jsimmons Active Member

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  2. txinvestigator

    txinvestigator TGT Addict

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  3. Acetone

    Acetone Active Member

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    The owner of the property can lawfully do it.

    Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
    (1) on the person's own premises or premises under the person's control; or
     
  4. txinvestigator

    txinvestigator TGT Addict

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    I get that. What about all those other people who neither own the property or have it under their control?
     
  5. jsimmons

    jsimmons Active Member

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    I've applied for my CHL (hopefully I'll have plastic in-hand by the end of October), and I carry in my car.

    In addition, I've started wearing an unconcealed empty holster as a form of support for the introduction and passage of open carry legislation in Texas. My immediate supervisor at work continually hassles me about it (he "doesn't mind" concealed carry, but has a problem with open carry). I simply answer the same way every time.

    A) I'm not breaking any law by doing it.
    B) I'm not violating company policy by doing it.
    C) I'm exercising my 1st amendment right to free speech by doing it.

    And when he says it's pointless to walk around with an empty holster, I respond, "See? You *do* understand why I'm doing it."

    Texas law needs to be changed. The only way it will get changed is if free Texans band together and support it. I'm already a little twisted about having to buy back my right to bear arms via the CHL application process. I'd much rather open carry than conceal carry.

    BTW, what would it take to establish an open-carry forum on this board?
     
  6. txinvestigator

    txinvestigator TGT Addict

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    :crazy-1:

    But it is a free country, and you are free to do that.


    Agreed, but not to open carry.

    PS, you won't see open carry here in Texas anytime soon.
     
  7. jsimmons

    jsimmons Active Member

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    Why don't you want to see open carry?

    At least not until 2011...
     
  8. Big country

    Big country TGT Addict

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    So if I set out with a few friends to hunt and the owner of the property is openly carrying a pistol and I choose to do the same, under your interpretation of the law I am unlawfully carrying a weapon? Private property private rules. There is no law against a group of people carrying openly on private property. If there was there would be a lot of gun ranges shut down. I don't care weather you are for or against open carry or your reasons behind it nor am I trying to be a smart ass and attack your views. I'm asking what seems like a legitimate question to me. Good to have you back BTW.
     
  9. BurkGlocker

    BurkGlocker Active Member

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    See, in my interpretation of the law, if you have permission from the property owner, then you can open carry, as long as you have permission. And if it is on private property, WTF is the law going to do? arrest everyone there for open carry? They better have a search warrant on hand if doing so, because the legal rights of the people would be violated and the case would be thrown out by any competent judge for the violation of those rights.
     
  10. txinvestigator

    txinvestigator TGT Addict

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    No, if you are engaged in lawful hunting and a handgun is commonly used in that activity (I don't hunt, but I am under the impression that most hunters carry a handgun for protection) then you don't NEED a CHL to carry. That exception to 46.02 is in 46.15 (b).

    Private property private rules. There is no law against a group of people carrying openly on private property.[/quote] Yes there is. Read Texas Penal Code section 46.02. That law even allows you to carry on your own premises or premises under your control. It does not allow you to carry on property NOT under your control.
    No, gun ranges fall under the exceptions in 45.15 (b) also.

    Thanks


    Texas generally bans the carry of handguns. In fact, TPC 46.02 makes it unlawful to carry on or about your person, UNLESS you are on your own premises or premises under your control, or inside of or directly en route to a vehicle you own or is under your control. The only other way to lawfully carry is to meet one of the exceptions (they are actually times when 46.02 does not apply) in section 46.15(b). Any other possession outside of those is unlawful. (46.15(a) allows cops, etc to carry, but it is not relevant to this discussion)

    If it is correct, as you assert, that there is no law against openly carrying on private property, then why can I not carry openly at Albertson's? It is private property.

    In fact, you cannot. Just like I cannot go to my neighbor's house and open carry, UNLESS I the property is under my control. For example, if he goes on vacation and asks me to watch his house, etc., his property is under my control, and I can carry in any fashion I like while there.

    I don't think that a property owner can give a group of people "control of his property" just to circumvent the 46.02.
     
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