Help with a rule please

[longtooth]

As above: Real Property is Real Estate.
Past my house is one more on the rd I live on. 2nd house is the End Of The Road.
One day about a yr ago a vehicle of LEOs went past my house to the last one on some serious "Official Business". It was hot & I was setting on my tailgate drinking, cooling, resting from some hard hot work. Yes armed & open. When they left they stopped & one got out, introduced himself, shook hands. No one else got out of the vehicle so, for sure, no alarm at all.
Asked me to check on the resident but could not tell me why they were down there.
His comment was, "I know it is legal just never have seen it."
Yes sir, But you spend vast majority of your time @ residents in trouble w/ the law dont you.
Little chuckle, Yes sir I do. Have a good day.

My carry gun when working & getting really dirty is a Ruger GP100 w/ 3" barrel. (Wheel guns are easier to clean than XDs or 1911s.

[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...

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

I'm also a real estate agent so I'm familiar with the definition of "real property". My point was that the sentence can be interpreted two ways:
Real property as one thing, recreational vehicle being used as living quarters as a second thing...or "living quarters" applying to both real property and to a recreational vehicle.

I'm not sure what incorrect information I gave, and I wasn't offering advice, simply stated that I choose not to open carry in the yard...my apologies if my point was poorly made - it's what I get for posting when I should be sleeping.

[mr surveyor]

Just my simple minded understanding of the law, I consider the motor home/travel trailer as being somewhat of an extension of your "real estate", wherever in the State of Texas you travel (as long as not in a restricted area). Similar to a condo, the space inside the walls of your RV is your "real property", and you would not be in violation of the law by openly carrying or handling firearms inside your RV, wherever it may legally be at the time. If you own the RV, it would be no different than the law (not the individual establishment's "rule") concerning carrying inside an apartment you may rent.

Just my interpretation.

JD

[Count]

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

"Everything which is not forbidden is allowed."

[Keith B]

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...

Real property in Texas is defined in the Tax Code.

Sec. 1.04. Definitions.
In this title:
(1) "Property" means any matter or thing capable of private ownership.
(2) "Real property" means:
(A) land;
(B) an improvement;
(C) a mine or quarry;
(D) a mineral in place;
(E) standing timber; or
(F) an estate or interest, other than a mortgage or deed of trust creating a lien on property or an interest securing payment or performance of an obligation, in a property enumerated in Paragraphs (A) through (E) of this subdivision.

(3) "Improvement" means:
(A) a building, structure, fixture, or fence erected on or affixed to land; or
(B) a transportable structure that is designed to be occupied for residential or business purposes, whether or not it is affixed to land, if the owner of the structure owns the land on which it is located, unless the structure is unoccupied and held for sale or normally is located at a particular place only temporarily.

And 46.02 states

(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. - See more at: http://codes.lp.findlaw.com/txstatutes/ ... U4LwR.dpuf" onclick="window.open(this.href);return false;

So it means any real property, and also includes an RV that is being used as living quarters defined above.

[thetexan]

We have moved away from the original question concerning open carry on private premises to defining real property or premises.

The point is that regardless of what we eventually decide 'one's own property' means we still have not addressed by what legal mechanism we are allowed to openly carry on that property....or not.

Is it by an affirmative rule granting that right? Or, is it by the omission of any rule prohibiting it? If by rule, where is that found. If by omission, is the assumption of lack of prohibition (therefore permitted) justified in view of other rules involving public display, etc.?

tex

[mojo84]

Your original and subsequent questions were answered on the first page of this thread within the first few posts. I even asked a question I knew the answer to just to clarify it for you.

It's the absence of a prohibition that allows one to open carry on ones own real property.

[pcarlinjr]

Where do you live that would make you want to open carry? I prefer people not know that I own guns.

[Hindenburg]

Where do you live that would make you want to open carry? I prefer people not know that I own guns.

Where do you live that you don't want people to know that you own guns?

[Vol Texan]

Where do you live that would make you want to open carry? I prefer people not know that I own guns.

Where do you live that you don't want people to know that you own guns?

Welcome to the forum. One recurring theme around here of CHL carriers is that while we talk openly on here about our guns, we don't invite trouble. We don't advertise that we carry, so we can maintain the element of surprise. That's why we carry concealed handguns.

Imagine you're in a bank open carrying and in walks a robber. Who does he target as his first victim to be subdued and disarmed (or worse)? Yes, the one with the gun. Now, if he walks in and cannot tell who is or is not carrying, at least we have a bit more of a fighting chance if things go south.

[Jumping Frog]

...One recurring theme around here of CHL carriers is that while we talk openly on here about our guns, we don't invite trouble. We don't advertise that we carry, so we can maintain the element of surprise. That's why we carry concealed handguns.

Imagine you're in a bank open carrying and in walks a robber. Who does he target as his first victim to be subdued and disarmed (or worse)? Yes, the one with the gun. Now, if he walks in and cannot tell who is or is not carrying, at least we have a bit more of a fighting chance if things go south.

That viewpoint does not represent everyone on this forum.

I conceal my handgun because it is the law and I make a serious effort to comply with the law (I'll admit to occasional speeding ).

However, I have lived in other states where I open carried regularly (including going into the bank). The whole "robber shoots the open carrier first" meme, while not impossible is also not typical. There are just as many instances where open carrying deterred the criminal. When we are talking criminals, the real world is all over the map and either viewpoint can select various anecdotes without proving the probabilities.

Back to the subject at hand, when I get home from work everyday, I take my dress shirt off leaving my white t-shirt on, which effectively leaves me open carrying around the house with my IWB-holstered handgun. I'll go outside in the front or back yard for whatever reason without ever worrying about my handgun being unconcealed.

I'll also note that in years of open carrying IWB, where just my grip was exposed above the belt, 99.9% of people never noticed -- including many police officers. People are truly self-absorbed and unobservant.

[Texas1999]

This is my basic understanding of things. Someone feel free to correct me if you believe I am wrong.

I can open carry a handgun inside my home or on my "premises" which includes the real property (e.g., land) surrounding my home that I own.

I can continue to open carry that handgun if I am directly en route to my vehicle, even if the vehicle is not located on my "premises" (for example, it is parked in the street), pursuant to Sec. 46.02(a)(2).

Once I enter my vehicle, however, I must then conceal the handgun pursuant to Sec. 46.02(a-1)....UNLESS I am "traveling," in which case I may continue to open carry the handgun because pursuant to Penal Code 46.15(b)(2), if you are "traveling" then Section 46.02 does not apply.

Under no circumstances may I openly carry my handgun when not on my premises or "traveling" in a vehicle I own or under my control.

Am I missing anything? My understanding is there is no definition of "traveling" in Texas law, so you could get arrested anyways if the handgun is in plain view, even if you truly are "traveling" hundreds of miles along a highway in your vehicle...? Guess it would make sense to flip your shirt over the handgun if pulled over and now it is "concealed" and permitted under Sec. 46.02(a-1) (or permitted under your CHL if you have one) and it would be a non-issue...

[poppo]

Where do you live that would make you want to open carry? I prefer people not know that I own guns.

While I personally would not OC in public if OC were to pass, for a variety of reasons, I OC on my land (about 50 acres) all the time. OCing when out doing work or whatever is more practical than carrying concealed.

[simianangel]

Where do you live that would make you want to open carry?

TEXAS!

[Oldgringo]

Where do you live that would make you want to open carry? I prefer people not know that I own guns.

Where do you live that you don't want people to know that you own guns?

{snip}
Imagine you're in a bank open carrying and in walks a robber. Who does he target as his first victim to be subdued and disarmed (or worse)? Yes, the one with the gun. {snip}

...and you know this how?