Help with a rule please

[Lambda Force]

Where is there a rule that allows a person to open carry in his own yard?
Tex

Where is the rule that says they can't?

[ScottDLS]

Where is there a rule that allows a person to open carry in his own yard?
Tex

Where is the rule that says they can't?

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.

[thetexan]

This has already been well answered but here's a little extra help.

The key to figuring this out on your own is twofold.

1. ...as has been previously stated, most statutes are prohibitive in nature, not permissive. Can you mow your grass on Tuesdays?
Of course you can...but why can you. There is no rule that says yards MAY be mowed on Tuesdays. No. There is no rule prohibiting it. As it is with this issue.

2. 46.02 deals with three elements regarding location, premises, car, and boat. It then deals with displaying the gun in plain view which only deals with two of the original three, cars and boats. There is no mention of a prohibition for the premises. Therefore, there is no law prohibiting it (principle #1). This requires one to disassemble the "elements" of the statute. These elements are the parts that make up the whole. At any trial, all elements necessary to establish the commission of a crime must be established in order for there to be a proven violation of a criminal statute. 30.03 and 30.07 are two good examples. To commit a trespass under these rules there must be a lack of consent or effective consent on the part of the owner for LTC carriers to enter his property, AND...A!...N!...D!...there must be proper 30.06 and 30.07 notification of that lack of consent or effective consent, which, in themselves, have many elements necessary for the notification to be lawful.

There is one overriding rule that supersedes any open carry rule, 42.01a8, DISORDERLY CONDUCT. One may never exercise their right to open carry under any statute if the purpose of the open carry is calculated to cause alarm to others. So yes, you may openly carry a gun in your front yard that you own, even without a LTC under 46.02, unless you are doing so because you know your neighbor across the street is afraid of guns and you don't much like him and you enjoy making him run inside the house when he sees you carrying. That's a no no.

tex

[Soccerdad1995]

This has already been well answered but here's a little extra help.

The key to figuring this out on your own is twofold.

1. ...as has been previously stated, most statutes are prohibitive in nature, not permissive. Can you mow your grass on Tuesdays?
Of course you can...but why can you. There is no rule that says yards MAY be mowed on Tuesdays. No. There is no rule prohibiting it. As it is with this issue.

2. 46.02 deals with three elements regarding location, premises, car, and boat. It then deals with displaying the gun in plain view which only deals with two of the original three, cars and boats. There is no mention of a prohibition for the premises. Therefore, there is no law prohibiting it (principle #1). This requires one to disassemble the "elements" of the statute. These elements are the parts that make up the whole. At any trial, all elements necessary to establish the commission of a crime must be established in order for there to be a proven violation of a criminal statute. 30.03 and 30.07 are two good examples. To commit a trespass under these rules there must be a lack of consent or effective consent on the part of the owner for LTC carriers to enter his property, AND...A!...N!...D!...there must be proper 30.06 and 30.07 notification of that lack of consent or effective consent, which, in themselves, have many elements necessary for the notification to be lawful.

There is one overriding rule that supersedes any open carry rule, 42.01a8, DISORDERLY CONDUCT. One may never exercise their right to open carry under any statute if the purpose of the open carry is calculated to cause alarm to others. So yes, you may openly carry a gun in your front yard that you own, even without a LTC under 46.02, unless you are doing so because you know your neighbor across the street is afraid of guns and you don't much like him and you enjoy making him run inside the house when he sees you carrying. That's a no no.

tex

My 16 year old daughter brought her new boyfriend to the house for dinner a few weeks ago. I may have been OC'ing my handgun and also cleaning my shotgun when he showed up. I sure hope I didn't violate the part of your post that I bolded. Not trying to cause alarm so much as to raise awareness in the young man.

[thetexan]

I think there's an exception for that.

Oh yeah, here it is....

47.01 MOTHER'S IN LAW, BOYFRIENDS AND OTHER IRRITATING PEOPLE

b4. A person commits an offense if he allows any boyfriend, suitor, creep, or son-in-law wannabe into his occupied domicile while not cleaning his firearm, counting or polishing ammunition, and/or discussing shooting trophies or while sitting next to or near his female offspring.

[Jusme]

Reminds of when my daughter was dating, the first time a new boyfriend would came by to pick her up, I would be cleaning my shotgun. I had a target, that I had purposely shot low from about 10 yards. It struck the man shaped target right in the nether region. I would engage the young man in conversation, and pull out the target, and complain about how my shot gun was shooting low, and ask him if he had any suggestions for correcting it?

My wife and daughter tried to tell him that I was just trying to intimidate him, but we had no grandchildren until my daughter had been married for 3 years, so I guess the idea stuck.