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I think there's an exception for that.

Oh yeah, here it is....

47.01 MOTHER'S IN LAW, BOYFRIENDS AND OTHER IRRITATING PEOPLE

b4. A person commits an offense if he allows any boyfriend, suitor, creep, or son-in-law wannabe into his occupied domicile while not cleaning his firearm, counting or polishing ammunition, and/or discussing shooting trophies or while sitting next to or near his female offspring.

This has already been well answered but here's a little extra help.

The key to figuring this out on your own is twofold.

1. ...as has been previously stated, most statutes are prohibitive in nature, not permissive. Can you mow your grass on Tuesdays?
Of course you can...but why can you. There is no rule that says yards MAY be mowed on Tuesdays. No. There is no rule prohibiting it. As it is with this issue.

2. 46.02 deals with three elements regarding location, premises, car, and boat. It then deals with displaying the gun in plain view which only deals with two of the original three, cars and boats. There is no mention of a prohibition for the premises. Therefore, there is no law prohibiting it (principle #1). This requires one to disassemble the "elements" of the statute. These elements are the parts that make up the whole. At any trial, all elements necessary to establish the commission of a crime must be established in order for there to be a proven violation of a criminal statute. 30.03 and 30.07 are two good examples. To commit a trespass under these rules there must be a lack of consent or effective consent on the part of the owner for LTC carriers to enter his property, AND...A!...N!...D!...there must be proper 30.06 and 30.07 notification of that lack of consent or effective consent, which, in themselves, have many elements necessary for the notification to be lawful.

There is one overriding rule that supersedes any open carry rule, 42.01a8, DISORDERLY CONDUCT. One may never exercise their right to open carry under any statute if the purpose of the open carry is calculated to cause alarm to others. So yes, you may openly carry a gun in your front yard that you own, even without a LTC under 46.02, unless you are doing so because you know your neighbor across the street is afraid of guns and you don't much like him and you enjoy making him run inside the house when he sees you carrying. That's a no no.

tex

We have moved away from the original question concerning open carry on private premises to defining real property or premises.

The point is that regardless of what we eventually decide 'one's own property' means we still have not addressed by what legal mechanism we are allowed to openly carry on that property....or not.

Is it by an affirmative rule granting that right? Or, is it by the omission of any rule prohibiting it? If by rule, where is that found. If by omission, is the assumption of lack of prohibition (therefore permitted) justified in view of other rules involving public display, etc.?

tex

46.02 a1 states that I am not committing an offense if I carry a handgun on or about my person on my own premises.

Notice that all this deals with is possession of a handgun and says nothing about open carry.

42.01 states that displaying a firearm in a public place in a manner CALCULATED (intent, purpose) to alarm is an offense.

46.035, which deals with unlawful carrying by a license holder, states, as you say, that a chl holder commits an offense if he intentionally, knowingly, or recklessly displays in plain view, in a public place.

Notice that when I carry on my own premises it is not under the authority granted to be under 411. I dont need a chl for that.

The question is what, if anything, actually gives authority to carry openly on my own premises.

46.02 gives authority for three locations...my own premises, inside of or directly enroute to my vehicle, and inside of or directly enroute to my watercraft.
It then goes on to state that I commit an offense if the handgun is in plain view in the vehicle or watercraft...NOT MENTIONING MY OWN PREMISES.

So here is my question...is this omission (not mentioning public display on my own property) where we get the idea that we can carry openly on our own property...or is there a specific rule somewhere allowing or approving that, that I have missed?

tex

Where is there a rule that allows a person to open carry in his own yard?
Tex