Search found 5 matches

by Keith B
Sat Sep 06, 2014 1:21 pm
Forum: General Texas CHL Discussion
Topic: Help with a rule please
Replies: 50
Views: 10163

Re: Help with a rule please

txinstructor wrote:Under §46.02 Unlawful Carrying Weapons, paragraph a-2 give this definition: "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."

The yard wouldn't be real property that is being used as living quarters. I'm no lawyer but I think I won't be carrying open in the yard...
Real property in Texas is defined in the Tax Code.
Sec. 1.04. Definitions.
In this title:
(1) "Property" means any matter or thing capable of private ownership.
(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
(B) a transportable structure that is designed to be occupied for residential or business purposes, whether or not it is affixed to land, if the owner of the structure owns the land on which it is located, unless the structure is unoccupied and held for sale or normally is located at a particular place only temporarily.
And 46.02 states
(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. - See more at: http://codes.lp.findlaw.com/txstatutes/ ... U4LwR.dpuf" onclick="window.open(this.href);return false;
So it means any real property, and also includes an RV that is being used as living quarters defined above.
by Keith B
Fri Sep 05, 2014 4:16 pm
Forum: General Texas CHL Discussion
Topic: Help with a rule please
Replies: 50
Views: 10163

Re: Help with a rule please

howdy wrote: I may have found the partial answer to the first question. 46.02 (1) says ON the person's own premises not IN the person's own premises. Now where is the definition of premises?
Keep reading down in 46.02; a-2 defines it.
by Keith B
Fri Sep 05, 2014 11:09 am
Forum: General Texas CHL Discussion
Topic: Help with a rule please
Replies: 50
Views: 10163

Re: Help with a rule please

mojo84 wrote:Is it the fact that it isn't prohibited?
Yes
by Keith B
Fri Sep 05, 2014 11:08 am
Forum: General Texas CHL Discussion
Topic: Help with a rule please
Replies: 50
Views: 10163

Re: Help with a rule please

Nothing gives 'authority' to openly carry. In most states, as in Texas, the absence of a law prohibiting means the act is not illegal.
by Keith B
Fri Sep 05, 2014 8:59 am
Forum: General Texas CHL Discussion
Topic: Help with a rule please
Replies: 50
Views: 10163

Re: Help with a rule please

Penal Code 46.02
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.....
However, it is illegal to carry in openly displayed in a public place, and the interpretation sometimes is that if it can be seen froma public place, tehn it is illegal
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place.

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