True, but in that case it would fall to the premises definition which is real property. It is a a questionable situation. Personally I would be very reluctant to carry openly in plain view period.ScottDLS wrote:However, 46.035 only applies to a CHL carrying under the authority of his CHL. If you are on your own property/property under your control, you don't need the authority of your CHL, so 46.035 doesn't apply. Disagree? Then CHLs should be careful about openly carrying at the range, hunting, target shooting, or while "being a Peace Officer".Keith B wrote:The whole issue becomes what is a 'public place'
Per 46.035Per TPC 1.07Sec. 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.It could be argued that the sidewalk is a public place since the public has access to this. It could also be said that the way the code is written, that if the person is in the public place, and you intentionally display your gun where they can see it from that public place, even if you are on private property, you are in violation.Sec. 1.07. DEFINITIONS. (a) In this code:
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(40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
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I would be very cautious in carrying in plain view of the sidewalk, street, highway, etc. It may come down to the 'beat the rap, but not the ride' thing as you would be the test case.
Search found 2 matches
- Thu Sep 25, 2014 4:17 pm
- Forum: General Texas CHL Discussion
- Topic: Carry on Sidewalk
- Replies: 21
- Views: 2432
Re: Carry on Sidewalk
- Thu Sep 25, 2014 3:32 pm
- Forum: General Texas CHL Discussion
- Topic: Carry on Sidewalk
- Replies: 21
- Views: 2432
Re: Carry on Sidewalk
The whole issue becomes what is a 'public place'
Per 46.035
I would be very cautious in carrying in plain view of the sidewalk, street, highway, etc. It may come down to the 'beat the rap, but not the ride' thing as you would be the test case.
Per 46.035
Per TPC 1.07Sec. 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.
It could be argued that the sidewalk is a public place since the public has access to this. It could also be said that the way the code is written, that if the person is in the public place, and you intentionally display your gun where they can see it from that public place, even if you are on private property, you are in violation.Sec. 1.07. DEFINITIONS. (a) In this code:
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(40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
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I would be very cautious in carrying in plain view of the sidewalk, street, highway, etc. It may come down to the 'beat the rap, but not the ride' thing as you would be the test case.