TexasCHLforum.com

thetexan wrote: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