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by E.Marquez
Mon Dec 31, 2012 3:34 pm
Forum: General Texas CHL Discussion
Topic: Open carry on your own property??
Replies: 28
Views: 4285

Re: Open carry on your own property??

VMI77 wrote:Where I am out in the country I hear people shooting just about every day. I am not the least concerned that anyone seeing me armed will be alarmed or report it.
Same with me,,, in fact folks are shooting at the next house over right now.. and with the wet .. misty weather,,, it sounds like it's at my back door :biggrinjester:

But I think we are the exception. I think many folks have to be concerned with what the public at large can see, as many of the sheep are easily alarmed.. and that after all IS what will cause the issue.. Not that you did something wrong, unsafe, but that a sheep perceived something you did and was alarmed…. Facts and reality have nothing to do with it, until you, your lawyer, and a judge are involved..

Or better a responding LEO can dig in , see the common sense solution and set the MWAG caller straight before it gets to that point.
by E.Marquez
Mon Dec 31, 2012 12:36 pm
Forum: General Texas CHL Discussion
Topic: Open carry on your own property??
Replies: 28
Views: 4285

Re: Open carry on your own property??

jimlongley wrote:
Heartland Patriot wrote:Maybe I'm wrong here, but it seems that jimlongley and speedsix are arguing "beating the rap" vs. "beating the ride"...as in: "you can beat the rap, but you won't beat the ride". Just my two cents.
Exactly, but apparently we are supposed to understand that elipses between apparently independent statements are actually conjunctions. Oh well . . .

If I am carrying openly on my own property, no matter where I am carrying, unless I am being threatening and pointing the gun at people, common sense, and Texas law says I should be left alone.
common sense yes, but Texas law says no such thing.. More so, it places the litmus test in the hands of the sheep, not the sheep dog.
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

Sec. 42.01. DISORDERLY CONDUCT.
Para 8
displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
As it has been upheld (I do not have a cite on hand, but read several cases when this topic came up previously)... parts of your land, visible to the public, can and has been upheld to be considered a "public place" for things related to Disorderly Conduct.

On the back forty AC of your property... not a big deal... Walking the fence line along the public road,,, standing in your drive way in full view of public... if a sheep next door or driving by is alarmed.... you may have a charge you'll need to defend yourself from.

I don’t agree with it, don’t like it…. But that does not change what is.
by E.Marquez
Mon Dec 31, 2012 12:19 pm
Forum: General Texas CHL Discussion
Topic: Open carry on your own property??
Replies: 28
Views: 4285

Re: Open carry on your own property??

lonestartools wrote:So I apologize if this is redundant, I could not find a previous post. As TX PC 46.02 is silent on carrying long guns, is is a safe bet that it is not illegal to carry a long gun in your vehicle while it is not concealed? I can find nothing in the law that specifically addresses this...
As I understand it... that’s because there is no law the speaks to that issue.. IOW, what is not defined as illegal, is legal.

If your publically visible long gun on your cars back seat causes a panic, and MWG call... I'd bet one or more other laws can be cited to cause you discomfort. Like say...
PENAL CODE

TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

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