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by stevie_d_64
Tue Jun 12, 2007 9:47 am
Forum: General Texas CHL Discussion
Topic: Open carry on Business property?
Replies: 12
Views: 1752

Flatland2D wrote:How far doesn that "control of the premises" extend?

I work in a small manufacturing plant and have keys to the shop. If I go to work at night, I'm often the only one there. Do I have "control of the premises?"

Reason I ask is that the shop is in a low income/high crime area with almost frequent robberies and at least one justified self defense shooting at the building next to us.

An extension to this, could I open carry with the shop owner's permission? At this point, no one there knows I carry.
I would think the lease agreement for a business to operate within the premises of a general shopping mall arrangement would contain language that might give you some fits about the carrying of weapons either in or around your business, openly or concealed...Whether they are correct in doing so, is up to how much you as a business owner wish to pursue, if you want to use that facility for your business...

Strip centers usually have direct access in and out of your business, and not through some general conveyance, like they do in malls around the state...You may have some leeway there, and that may be more favorable to your carrying of weapons in your business...

And lease agreements are notorious for wiggling in stuff that tends to get you if there are any problems...

But thats just what I see...
by stevie_d_64
Tue Jun 12, 2007 9:17 am
Forum: General Texas CHL Discussion
Topic: Open carry on Business property?
Replies: 12
Views: 1752

txinvestigator wrote:
frankie_the_yankee wrote:I think where it gets complicated is where a property is sub-leased to others.

For instance, I own the real estate that a mall is located on in fee simple. But I have sold leaseholds to various stores who are the tennants of the mall.

"Ownership" of the individual leaseholds would lie with the people who hold the leases - the individual storekeepers.

In that case, I would say that I could carry openly and/or without a CHL in any of the common areas, but not in the individual stores.

The storekeepers could carry openly in their stores, but NOT in the common areas.

But of course IANAL, and I'm just speculating on these matters.
Your assessment is correct. The tenants spaces are "premises under their control". Ownership is not even used in the code; "your own premises and premises under your control".
Bingo!

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