Open Carry Question

[squirtbottle09]

Okay here is my question, and Im aware that an attorney would probably be best to contact. But its late and im impatient, lol.

Anyways, my family is the owner of a liquor store. My father wants to open carry while on the store premises. He does not have his concealed license. Being that we are in Texas open carry is permitted while on your property. The liquor store is our property. He is allowed to openly carry correct?

What about myself? I am 19, but will be working there. I am very comfortable with my xdm .40 and am well educated on gun laws. I know I can carry at my house and in my front yard and stuff, as well as concealed in my truck. But this one stumped me since its a liquor store.





Oh and the reasoning behind wanting to carry is we reopened a liquor store that the owner was robbed/killed at, its not in a good part of town. He lacked security and was stupid about it as he cashed checks as well. We have a security system, silent alarm panic button, and a 1200 lb magnet that enables you to instantly lock the door from behind the counter. But we would rather be safe than sorry.

 

[squirtbottle09]

Okay been reading through the penal codes, and think i may have answered my question. But would like for yall to confirm.

PENAL CODE

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

CHAPTER 46. WEAPONS

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
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Sec. 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to:.....

(b) Section 46.02 does not apply to a person who:...

(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises;

So those two state that it can be in the store. But the question now arrises if my dad is in the store and is open carrying, can their still be a handgun under the counter? Or could I open carry at the same time on location?

I was also a little confused as to what was it considered a premises, but it spelled that out too.

a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

Then I was like WTF is real property. So I found that out too, lol. I think its just anything that cant be easily moved. So if you are in the walmart parking lot with a trailer, you can walk around on the trailer open carrying a pistol. Ha. Its not "real property".

Real property is defined as:

(2) "Real property" means:
(A) land;
(B) an improvement;
(C) a mine or quarry;
(D) a mineral in place;
(E) standing timber; or
(F) an estate or interest, other than a mortgage or deed of trust creating a lien on property or an interest securing payment or performance of an obligation, in a property enumerated in Paragraphs (A) through (E) of this subdivision.
(3) "Improvement" means:
(A) a building, structure, fixture, or fence erected on or affixed to land; or

http://www.window.state.tx.us/taxinf...tc04/ch01a.htm

 

[txinvestigator]

You and your dad can carry openly in your store.

 

[squirtbottle09]

You and your dad can carry openly in your store.

Would you mind sharing how you know this or are the penal codes that I listed above the ones that pertain to me? Whatever they are I want to print them out and have them filled in the store, just in case anything should arise.

 

[San Antone RR]

Would you mind sharing how you know this or are the penal codes that I listed above the ones that pertain to me? Whatever they are I want to print them out and have them filled in the store, just in case anything should arise.

46.15.a that you printed are the applicable ones. You and Dad are owners/employees of the liquor store so you can carry.

 

[txinvestigator]

Would you mind sharing how you know this .

I read the laws............lol

 

[jsimmons]

Can I buy a $1 stake in your store so I can open-carry there too?