TexasCHLforum.com

Roger Howard wrote:Ok i get all that but couldn't an employee be under control of a property and still carry. I have had control of property that an owner of the business was there only 2 or 3 times a year. Not saying your wrong, just trying to learn here.

You can "control" property and not own it. A manager controls property in lieu of the owner; that's what they do!

Job title really doesn't matter, it's the authority a person has.

I'm not aware of any case law on this, so I'm only referring to the law. The law says "own or control", with no definition provided, so we look to common usage of the terms for definition.

A mom-n-pop gun shop might very well be able to say that their counter employees have full authority to manage and control the shop. But you'd have a hard time making that case for employees at Mega Lo Mart.

Suppose the CEOs of Wal Mart, Gander Mtn., Bass Pro, and Cabelas all declared that all their employees were authorized to carry openly. While it would be nice to have the policy in writing, the cart wrangler or checkout clerk would still have no "control" of the property, and no legal basis for open carry.

Kevin

Roger Howard wrote:OK KB, what am I missing here? What is the Statute that prohibits an authorized person from carrying?

You're approaching it from the wrong angle. You have to find a statute that authorizes them to carry, not the other way around.

Texas law is restrictive when it comes to handguns. The law says that it is unlawful to have a handgun "on or about" one's person. Everything that allows you to have a handgun is an exception to that basic premise.

The basic exceptions are:
- Being a LEO
- Having a CHL
- Being a licensed security guard
- Being in/on property that you own or control
- Engaging in, or traveling to or from, sporting activities requiring use of the handgun
- Traveling

There is no exception for "having permission" when you're on someone else's property. The property owner can't just designate you as "security", because armed security guards have their own set of strict requirements. I'm sure txinvestigator can elaborate on that.

This is one of those things that will never be enforced, but gun shop employees who openly carry are violating the law.

Kevin

Roger Howard wrote:A property owner (business owner renting space) can allow anyone he/she wants to carry on their property.

Simply not true, when you're talking about open carry.

Kevin

Glockamolie wrote:I guess that cop has never been to a gun store or a pawn shop where the employees open carry.

Actually, we've discussed that here on the forum. Technically speaking, those employees are UCW, because only the person who "owns or controls" the property is exempt.

Kevin