Carry at your place of business WITHOUT a CHL

[Cipher]

We are having a debate on another forum about carrying at your place of business WITHOUT a CHL. I've found the law that states an employee can only carry without a CHL when he is a licensed security guard (46.15.(b).(2)).

However, can you carry, concealed, at your place of business if you are the owner? I can't find any text allowing or specifically prohibiting it.

Thanks,
Jason

[seamusTX]

Yes. The relevant law is Penal Code 46.02, which makes it an offense to carry except on premises or in a vehicle that you own or control. If an action is not defined as an offense, it is legal.

PC 46.15 also specifically allows the manager of a place that is license to serve alcoholic beverages to carry.

- Jim

[Elvis]

Here is the pertanent part of the UCW law that you are reffering to. You may in fact carry concealed or open carry on your own premises.

§ 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

[Cipher]

The definition of "Premises" in 46.02 is:

.(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.

So, I guess the question is, under Texas law, what is "real property"? Does the "living quarters" clause apply to both or just the recreational vehicle?

Also, If PC 46.15 specifically allows a manager of a bar to carry, than that would lead me to believe that a manager of a non-bar would not be allowed to carry. What would be the point of specifically allowing one if both are allowed be default?

[seamusTX]

Real property means land and buildings.

IMHO, the living quarters clause applies only to recreational vehicles. Before 2005, it was illegal to carry a handgun, "illegal" knife, or club in a motor vehicle. The legislature in earlier times wanted to allow people to have weapons in their RV living quarters, but not in the cockpit.

The manager of a business that serves alcoholic beverages is specifically permitted to carry a weapon because 46.02 makes it a felony offense to carry a weapon in a place where alcoholic beverages are sold.

The exact language of PC §46.15(7) is

holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises.

I don't know the legislative history of this clause. Something must have happened that made it necessary. Texas law is a mess of conflicting amendments.

One could note that employees of gun stores and ranges frequently carry openly. They are never prosecuted (unless one shoots another, as has happened).

- Jim