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txinvestigator

Flatland2D wrote:It may be worth adding that the shop I work at is not a strip mall or shopping center. It's an industrial area composed mostly of automotive shops and manufacturers. We have about 5 employees.

Also I'm not the owner or leasee. Would the owner have to work out the details (with the landlord) for me to open carry there?

Does your position give you control over the premises? Can you control access of those who can enter?

The manager of Dillards has control over the premises, the girl in the men's clothing department does not.

txinvestigator

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".

txinvestigator

Ownership OR control of the premises.

Texas Penal Code;

Â§46.02. Unlawful carrying weapons.

(a) A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun,
illegal knife, or club.

Â§46.15. Nonapplicability.

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

(2) is on the person's own premises or premises under the
person's control

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