Help with a rule please

[thetexan]

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

[Keith B]

Penal Code 46.02

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.....

However, it is illegal to carry in openly displayed in a public place, and the interpretation sometimes is that if it can be seen froma public place, tehn it is illegal

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.

[thetexan]

46.02 a1 states that I am not committing an offense if I carry a handgun on or about my person on my own premises.

Notice that all this deals with is possession of a handgun and says nothing about open carry.

42.01 states that displaying a firearm in a public place in a manner CALCULATED (intent, purpose) to alarm is an offense.

46.035, which deals with unlawful carrying by a license holder, states, as you say, that a chl holder commits an offense if he intentionally, knowingly, or recklessly displays in plain view, in a public place.

Notice that when I carry on my own premises it is not under the authority granted to be under 411. I dont need a chl for that.

The question is what, if anything, actually gives authority to carry openly on my own premises.

46.02 gives authority for three locations...my own premises, inside of or directly enroute to my vehicle, and inside of or directly enroute to my watercraft.
It then goes on to state that I commit an offense if the handgun is in plain view in the vehicle or watercraft...NOT MENTIONING MY OWN PREMISES.

So here is my question...is this omission (not mentioning public display on my own property) where we get the idea that we can carry openly on our own property...or is there a specific rule somewhere allowing or approving that, that I have missed?

tex

[Keith B]

Nothing gives 'authority' to openly carry. In most states, as in Texas, the absence of a law prohibiting means the act is not illegal.

[mojo84]

Is it the fact that it isn't prohibited?

[Keith B]

Is it the fact that it isn't prohibited?

Yes

[mojo84]

Is it the fact that it isn't prohibited?

Yes

We posted at the same time. My comment was somewhat rhetorical and directed to the OP.

[cb1000rider]

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.

[The Annoyed Man]

Nothing gives 'authority' to openly carry. In most states, as in Texas, the absence of a law prohibiting means the act is not illegal.

This ^^, and it is an often overlooked legal principle in other areas besides firearm law. People forget.....or never stop to think.....that (at least in secular terms) the default state for anything is "lawful" unless some meddling busybody twerp who is unhappy at the site of happy people gets a law passed making that thing "Unlawful".

[ScottDLS]

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.

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 carrying .

[howdy]

Tex...I love these kind of questions because if forces me to re-read the statutes. I sometimes come up with more questions than answers. Case in point here:
I know 46.035 defines a premises as a building or portion of a building. It also says that only applies to this section. What then defines a premises for the rest of Texas law, specifically 46.02:
PC §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;.....

What does (2) mean when it says "directly en route to a motor vehicle or watercraft..." Where are we directly en route FROM

I may have found the partial answer to the first question. 46.02 (1) says ON the person's own premises not IN the person's own premises. Now where is the definition of premises?

[Keith B]

I may have found the partial answer to the first question. 46.02 (1) says ON the person's own premises not IN the person's own premises. Now where is the definition of premises?

Keep reading down in 46.02; a-2 defines it.

[howdy]

I may have found the partial answer to the first question. 46.02 (1) says ON the person's own premises not IN the person's own premises. Now where is the definition of premises?

Keep reading down in 46.02; a-2 defines it.

I hate it when I do that

[txinstructor]

Under §46.02 Unlawful Carrying Weapons, paragraph a-2 give this definition: "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."

The yard wouldn't be real property that is being used as living quarters. I'm no lawyer but I think I won't be carrying open in the yard...

[JP171]

Under §46.02 Unlawful Carrying Weapons, paragraph a-2 give this definition: "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."

The yard wouldn't be real property that is being used as living quarters. I'm no lawyer but I think I won't be carrying open in the yard...

the law does not require you to be using the REAL property as living quarters any where in there. Real Property is your yard, your pasture your condo, REAL estate nothing more nothing less, as long as you are carrying your weapon in a manner consistent with simple possession and carry you should be good to go. I do it all the time, been seen by plenty of Deputy Sheriffs and never got a ration of crap over it. it is of course your choice to carry in what ever manner you choose, but don't presume to give incorrect information and advice based on that incorrect information