TexasCHLforum.com

Sorry if this is in the wrong section.

I was looking over the carry law as it pertains to non-chl holders and have a question I couldn't google an answer to.

"A person commits an offense of unlawfully carrying a
weapon if the person intentionally, knowingly, or recklessly
carries a handgun on or about his or her person unless the
person is on one’s own premise or premises under the person’s
control..."

Me, my dad, and my uncle run our own home remodeling/restoration business and sometimes the houses arent in the most pleasant parts of town. I have my CHL and carry on most occasions but Im not always working at the same location as my dad or uncle who dont have a CHL yet.

My question is, Under the law stated above, would they be able to carry a handgun with them at one of these properties or would it have to stay in the truck?

Vacant properties only and we are doing the work for the home owners or a real estate company on behalf of the owners.

I AM NOT A LAWYER. THIS IS NOT LEGAL ADVICE.

I think they'd be pushing the spirit of the statute right up to the edge of the envelope if they were to carry (without CHL) in a vacant house they were remodeling. Is it really "under their control" I guess would be the legal question. What if the owner or property manager shows up to check on the work in progress - are they still "in control" of the property at that point? What if they're remodeling but the owner has hired someone else to be there at the same time doing some other work? Now who is "in control" of the property? This is similar to a Realtor without CHL carrying into every house they show on a given day.

Not saying it's illegal. But it's a very grey area in my mind.

Why don't they just get their CHLs so they don't have to worry about this anymore?

austinrealtor wrote:I AM NOT A LAWYER. THIS IS NOT LEGAL ADVICE.

I think they'd be pushing the spirit of the statute right up to the edge of the envelope if they were to carry (without CHL) in a vacant house they were remodeling. Is it really "under their control" I guess would be the legal question. What if the owner or property manager shows up to check on the work in progress - are they still "in control" of the property at that point? What if they're remodeling but the owner has hired someone else to be there at the same time doing some other work? Now who is "in control" of the property? This is similar to a Realtor without CHL carrying into every house they show on a given day.

Not saying it's illegal. But it's a very grey area in my mind.

Why don't they just get their CHLs so they don't have to worry about this anymore?

Thats pretty much the way I looked at it but thought id see what others think.

As for them not getting their CHLs, My dad is just lazy and I cant even get him to go to the range just to shoot so I doubt he'll go to sit in a class(ive even offered to pay for it AND give him my XD9 for a carry piece). As for my uncle, he couldnt pass the classroom portion if the answers were written on the wall, and thats if he doesnt get kicked out for thinking he knows everything and arguing with the instructor...

Another alternative is written permission, put in the authorization to proceed on the work, from the property owner.

Make sure a copy is posted on the property.