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Legal to carry???
Posted: Sat Sep 03, 2016 3:35 pm
by Tacomaman
I know it's legal for an individual to have a gun in their house for protection. Is it legal to carry a gun(concealed) on your property without a LTC?
Re: Legal to carry???
Posted: Sat Sep 03, 2016 3:48 pm
by NotRPB
Tacomaman wrote:I know it's legal for an individual to have a gun in their house for protection. Is it legal to carry a gun (concealed) on your property without a LTC?
Yes, to just answer the question you asked, generally, if you can legally own a gun, not engaged in criminal activity, and not a member of a street gang, in Texas you can carry
concealed on your own property without a license to carry.
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm
PENAL CODE CHAPTER 46. WEAPONS - Texas
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
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(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.
(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
I'm not a lawyer.
(Exceptions to that above might be in a "Recreational vehicle" on Federal property, like an Army Corps of Engineers park etc, then it would violate a
Federal Regulation...) That's why I replied with
your own property instead of
"Premises" which includes an RV, which, if parked on Federal Property ...
Re: Legal to carry???
Posted: Sat Sep 03, 2016 6:24 pm
by ScottDLS
A member of a criminal street gang (who is not otherwise prohibited) may carry a handgun on their own property, or property under their control. They also may carry a handgun with a LTC. They may not carry in a motor vehicle unless they have a LTC.
Re: Legal to carry???
Posted: Sun Sep 04, 2016 9:08 pm
by Tacomaman
Ok, that answers my question. Thanks.
Re: Legal to carry???
Posted: Mon Sep 05, 2016 2:46 pm
by rm9792
ScottDLS wrote:A member of a criminal street gang (who is not otherwise prohibited) may carry a handgun on their own property, or property under their control. They also may carry a handgun with a LTC. They may not carry in a motor vehicle unless they have a LTC.
I thought a member of a street gang was barred from a LTC?
Re: Legal to carry???
Posted: Mon Sep 05, 2016 3:47 pm
by ScottDLS
rm9792 wrote:ScottDLS wrote:A member of a criminal street gang (who is not otherwise prohibited) may carry a handgun on their own property, or property under their control. They also may carry a handgun with a LTC. They may not carry in a motor vehicle unless they have a LTC.
I thought a member of a street gang was barred from a LTC?
As far as I can tell, only barred from MPA.
Re: Legal to carry???
Posted: Mon Sep 05, 2016 3:57 pm
by casp625
ScottDLS wrote:rm9792 wrote:ScottDLS wrote:A member of a criminal street gang (who is not otherwise prohibited) may carry a handgun on their own property, or property under their control. They also may carry a handgun with a LTC. They may not carry in a motor vehicle unless they have a LTC.
I thought a member of a street gang was barred from a LTC?
As far as I can tell, only barred from MPA.
Government Code 411.172 (LTC Eligibility) does NOT mention anything about being members of a street gang - that is found in Texas PC 46.02. But by the plain language, if a member of a street gang did in fact have his LTC, he would be exempt from 46.02 - see for yourself!
Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
...
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
...
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01
...
Sec. 46.15. NONAPPLICABILITY.
...
(b) Section 46.02 does not apply to a person who:
...
(6) is carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster;
Re: Legal to carry???
Posted: Wed Sep 14, 2016 8:32 am
by Agoraphobic Penguin
You are also able to open carry around your house and outside on your property without a LTC. I have seen one guy mowing his lawn with a Glock on his hip before. I personally CC while cutting grass because I don't want to advertise that I hve guns in the house, my only worries are sweat and more sweat. I recommend that you save up and apply for your LTC if you haven't already. It makes life so much easier, not needin to lock up your gun in your car whenever you leave your car or lets you walk across the street to a neighbor's house without having to leave your gun in your home. IANAL but have printed out the TPC and LTC laws and read them through. Some things in the Penal Code are ambiguous like open carrying in only a hip or shoulder holster, I feel like a drop leg holster would be acceptable too but it is not realpy a hip or shoulder holster. I was taught in my LTC class that you can CC and OC in your house or while you are cutting grass without a license but you can't walk to your neighbor's down the street, you would instead have to drive over there and then ask them for permission to carry on their property.