TexasCHLforum.com

I open carry when it is legal, because I can, and because I don't care what anybody thinks about any more than I care what the majority think about me concealed carrying. Most of the times I've open carried my pistols, it's been returning from the range when I'm carrying them from my car to the house. I don't feel like hiding them as if they are some awful secret.

I also don't enjoy concealing a full size pistol. I know many fellow forum members do, but for my usual style of dress it is very uncomfortable. Off my property, I carry a smaller CCW than I would rather because I am required to conceal. If licensed open carry were to pass I would carry a full size IWB at 3-4 o'clock with the grip outside of my trousers, or in a cross draw when wearing a jacket (arguably concealed).

When in my yard, I'm not worried about what the neighbors or local PD think if they see my gun. I know it's legal, if someone wants to hassle me about it, I'll deal with that when it happens. Last time I did it, one of my neighbors who was walking his dog came over and asked if I was an NRA member (yes) and also invited me to a Tea Party rally that he was helping organize.

VMI77 wrote:

GlockDude26 wrote:

baldeagle wrote:
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Also, what happened to the principle that what isn't expressly prohibited is permitted?

In my opinion, it's a principle that is reinforced by exercising it. That's why I feel free to open carry around my front yard. It's also why I conceal and carry in public with my CHL. I could easily be arrested for either of those actions even though the former is not illegal, and the latter is either not illegal or has a statutory Defense (46.15), depending on your point of view...

Of course I am risking "TAKING THE RIDE"

Keith B wrote:

ScottDLS wrote:

Keith B wrote:The whole issue becomes what is a 'public place'

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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.

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The point I was making is that, based on the OP question 46.035 doesn't really come into the picture at all. CHL doesn't help you open carry anywhere, so it's irrelevant whether you have one or not.

Now the question is whether a sidewalk easement is "(1) on the person’s own premises or premises under the person’s control". Your front yard would clearly qualify. Front yard may also be considered "in public" if it's clearly visible from the street, but that doesn't matter, because you're not carrying under CHL.

In addition to a sidewalk, my front yard also has a utility easement, so utility people can come and go to do their work, and can run fiber, electrical, and gas under it (which they do), but it's still my OWN real property (premises). I feel free to open carry in my yard where the utility easement is, so I believe I could carry on "my" sidewalk (which BTW the town makes very clear is my responsibility to maintain, even though the public has the right to use it).

However, I may be risking "TAKING THE RIDE".

Keith B wrote:The whole issue becomes what is a 'public place'

Per 46.035

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.

Per TPC 1.07

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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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.

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.

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".