The question is what would you be charged with if you did it? It is simply not a crime, so there is no need for a law to say you CAN. The tenet of criminal law is (roughly): "That which is not specifically prohibited is allowed". I think that traces to English Common Law.Lambda Force wrote:Where is the rule that says they can't?thetexan wrote:Where is there a rule that allows a person to open carry in his own yard?
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Return to “Help with a rule please”
- Fri Mar 10, 2017 10:05 am
- Forum: General Texas CHL Discussion
- Topic: Help with a rule please
- Replies: 50
- Views: 10203
Re: Help with a rule please
- Fri Sep 05, 2014 3:02 pm
- Forum: General Texas CHL Discussion
- Topic: Help with a rule please
- Replies: 50
- Views: 10203
Re: Help with a rule please
Technically your display of the firearm must be "in a manner calculated to cause alarm" in order to be illegal. That's the mens rea... intent, or "guilty mind". So merely causing alarm wouldn't really meet the standard for a conviction unless you were proven to have intended to do so. That's good because if I carried shirtless in my yard while mowing the grass, I can guarantee you it would cause alarm, but not due to the manner in which I was carryingcb1000rider wrote:Be aware that there is nothing prohibiting you from carrying a long gun out of your yard either, but in many neighborhoods it may "cause alarm".
LEOs deal with people that cause alarm in different ways. And breaking a law or not, this can get you into some expensive trouble. The barrier between carrying in your yard and breaking the law is intent/purpose, which is more narrow that I'm comfortable with.. At least in a suburban setting.
I'd expect, if you're openly carrying a firearm in a suburban neighborhood, even if the property is yours, that you may run into the same problem. It'd be a good idea to have a camera backing your activity so there can be no "judgement" call in regard to anything that might be considered alarming behavior.
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