Open Carry BBQ in Elgin

[Big country]

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).

Right. In the case of an extended bow only deer season you must have a CHL to poses a handgun in the stand but not to have one in camp.

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.

This actually falls under the same guide lines as the hunting thing "a sporting event that a handgun is commonly used" So that was not the best example of my point. But that's my fault. LOL! But, the same idea applies. When I was cowboying for a living we would wear a handgun on our side all day every day while working the cows and horses. I was not hunting nor engaged in a sporting event where a hand gun is commonly used. But it was for protection from critters and illegals. I did not own the property nor was it under my control, The local sheriff's Deputies didn't mind when they were out there.

Thanks

No problem.

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 Albertsons? It is private property.

Right, but the Albertsons is a public place open to the general public. So it falls under the CHL guide lines. If the Albertsons was a "shop here by invite only" things would be different.

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.

[/quote]
The owner can give consent to openly carry a fire arm the same way the owners/operators of a gun range can allow you to carry you firearm openly at their range or the range that is under their control. (that was the point I was trying to make with the gun range comment)
And SIg_Feind has a good point in that discussions like this tend to point out ridiculous out of date laws that need changing. And over bearing laws that are bad and unconstitutional all together.

 

[Texas42]

The way I read this, if your hunting, you have to wear a handgun that is "commonly used" in that activity.

So, I couldn't say, hunt with an automatic, because it isn't commonly used?

 

[txinvestigator]

Right. In the case of an extended bow only deer season you must have a CHL to poses a handgun in the stand but not to have one in camp.



When I was cowboying for a living we would wear a handgun on our side all day every day while working the cows and horses. I was not hunting nor engaged in a sporting event where a hand gun is commonly used. But it was for protection from critters and illegals. I did not own the property nor was it under my control, The local sheriff's Deputies didn't mind when they were out there.

No problem.

The problem is you were still in violation of the law. Just because a cop looks the other way TODAY does not a lawful act make.

Right, but the Albertsons is a public place open to the general public. So it falls under the CHL guide lines. If the Albertsons was a "shop here by invite only" things would be different.

No, it would not. Read the law. 46.02 says nothing about private or public place, property, or open to the public or not. It bans the carry of handguns PERIOD, except for those specific exceptions.

The owner can give consent to openly carry a fire arm the same way the owners/operators of a gun range can allow you to carry you firearm openly at their range or the range that is under their control. (that was the point I was trying to make with the gun range comment)

Negative. You carry open at the range because you are engaged in a lawful sporting activity. The law does not have an exception for hadguns carried with the owners permission, unless you can SHOW me that in the law.

 

[bno762]

This is an example of precisely why open carry should be legal here, and yet another reason why we should probably do away with at least 50% of the laws on the books. It's yet another example of how having excessive laws on the books means that, at any given time, nearly every single person is breaking at least one law or another in some way, shape or form.

I agree with you....

 

[usmcpmi]

Is it just me, or would it just be easier to call the Sheriff of Bastrop county and ask him??? Then I would say that you would know for sure what he would if he got a call about a large group of citizens "open carrying" ... insted of just posting code#'s and giving some explination of what YOU think it means. But then it really doesn't matter what the law says. LEO's break the law every day and get away with it because the people don't have the balls to nail them for it... MG

 

[Texas1911]

Is it just me, or would it just be easier to call the Sheriff of Bastrop county and ask him??? Then I would say that you would know for sure what he would if he got a call about a large group of citizens "open carrying" ... insted of just posting code#'s and giving some explination of what YOU think it means. But then it really doesn't matter what the law says. LEO's break the law every day and get away with it because the people don't have the balls to nail them for it... MG

Wouldn't matter what the Sheriff says, state law is state law. It's rather straight forward in what it says.

Let's try not to get off into the LEO tangent. It's not really applicable to the thread.

I think I might drag an AR15 out there to prove a point. That's perfectly legal so long as I'm not doing so in a fashion to cause alarm.

 

[SIG_Fiend]

I think there is one major aspect missing from modern law in this country, and that is some of the original intent of laws. The way things were setup in this country originally, to be the one society with the most freedoms compared to any other, law was never intended to ruthlessly regulate and control every aspect of one's life. It was more a matter of do what you so desire (for the most part), just as long as it doesn't interfere with anyone's civil rights or their well-being. Now in modern times you can't even take a dump without possibly violating 352 city, county, state, and/or federal regulations, facing fines, possible jail time, and having your children taken away from you. This is not in keeping with the original spirit of the law (to protect people and punish true criminals) as far as I'm concerned. The fact that someone can ultimately be treated like a criminal, to some degree, for going 1mph over the speed limit, for shooting on their 3.99999 acre tract of land safely when the city ordinance may state "no less than 4.0000 acres" (I'm just making these situations up to prove a point), etc is absolutely preposterous in my opinion. This has become a nation of technicalities and political correctness, which are too technical for their own good. I think it is the politically correct thing to say that this is just plain bullsh*t.

 

[Texas1911]

Keep this thread on track. I just deleted a bunch of crap I just said not to go on about, evidently you didn't understand me the first time.