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Return to “Ohio CHL Visiting Texas”
- Fri Mar 20, 2015 1:27 am
- Forum: Other States
- Topic: Ohio CHL Visiting Texas
- Replies: 35
- Views: 8147
Re: Ohio CHL Visiting Texas
I'll put faith in the formal legal advice I solicited as opposed to assurance from someone on a forum about someone else on the forum, aye. I urge you to take the same position when it comes to legal advice. However, I am sure that the person you refer to does not, in fact, generally give legal advice on here but rather gives his qualified professional opinion. Now while I am sure he is a competent lawyer, that does not mean he is necessarily always correct or perhaps more accurately that another lawyer might not come to a different conclusion. Given the track record of the lawyer I took the advice from and his specific area of legal practice, if I had to choose I would unquestionably go with him (over your forum acquaintance). HtH.
- Thu Mar 19, 2015 9:22 pm
- Forum: Other States
- Topic: Ohio CHL Visiting Texas
- Replies: 35
- Views: 8147
Re: Ohio CHL Visiting Texas
FYI shooting ranges arm their employees legally because employers can permit (or forbid) employees to carry in any manner they see fit. Note that this is a business and its employees and agents, not the same thing as being on someone's private land with permission.
As for carry on private land and premises with owner/controller permission, I have frequently seen it said this cannot be done but this does not accord with legal advice I received and doesn't seem to accord with the plain language, either (in part, hence the opinion, of course). There is nothing limiting control to a single person; if the owner or their agent (in other words someone with 'control') permits others to carry, they are implicitly extending control of the premises to the extent required for that. A nice simple statute clarifying it would be great, though but truthfully this is a simple Common Law principle and as with most states Texas's statutory framework rests on Common Law as inherited from Great Britain. Louisiana, for example, does not due its French legal tradition (Civil Law, in common with much of continental Europe).
For our Ohio friend:
You can legally have a pistol in your vehicle, so long as you are not a prohibited person and you conceal it. It can be on your person but if you leave the vehicle with it to do anything other than remove it to another location where you can legally posess it (such as to take it to your room, into a shooting ranged, go hunting with it or whatever) then you are now committing the crime of "Unlawful Carry of a Weapon" or UCW per TPC 46.02 - You don't want to do this.
Once you are on private land and premises (not a business), in all practical terms, you have nothing to worry about. Legally speaking it is my opinion, based on the law and legal advice I received on this specific topic, that if you are given permission by the owner or someone who can speak with their authority (agent, manager, whatever) you can carry freely and legally, concealed or openly in accordance with their wishes.
However, this is NOT legal advice or practice of law. Take the advice or not as you see fit and rely on it to the extent you are prepared to accept liability for doing so.
As for carry on private land and premises with owner/controller permission, I have frequently seen it said this cannot be done but this does not accord with legal advice I received and doesn't seem to accord with the plain language, either (in part, hence the opinion, of course). There is nothing limiting control to a single person; if the owner or their agent (in other words someone with 'control') permits others to carry, they are implicitly extending control of the premises to the extent required for that. A nice simple statute clarifying it would be great, though but truthfully this is a simple Common Law principle and as with most states Texas's statutory framework rests on Common Law as inherited from Great Britain. Louisiana, for example, does not due its French legal tradition (Civil Law, in common with much of continental Europe).
For our Ohio friend:
You can legally have a pistol in your vehicle, so long as you are not a prohibited person and you conceal it. It can be on your person but if you leave the vehicle with it to do anything other than remove it to another location where you can legally posess it (such as to take it to your room, into a shooting ranged, go hunting with it or whatever) then you are now committing the crime of "Unlawful Carry of a Weapon" or UCW per TPC 46.02 - You don't want to do this.
Once you are on private land and premises (not a business), in all practical terms, you have nothing to worry about. Legally speaking it is my opinion, based on the law and legal advice I received on this specific topic, that if you are given permission by the owner or someone who can speak with their authority (agent, manager, whatever) you can carry freely and legally, concealed or openly in accordance with their wishes.
However, this is NOT legal advice or practice of law. Take the advice or not as you see fit and rely on it to the extent you are prepared to accept liability for doing so.