TexasCHLforum.com

srothstein made some good points, but I think he brings up a difference, even though he didn't mention it: there is a difference between "on" and "in".

You can be "in public" in your front yard, and subject to arrest for public intoxication, because that crime requires that someone "appears in a public place" and "is intoxicated". On the other hand, you can carry (openly or concealed) in that same front yard, and not be properly charged, because the exceptions to PC46.02 don't mention "in public", but do explicitly exempt carriers who are on their own property, or property they control.

Speaking of... the curb isn't your property. Your mailbox, ditches, or sidewalks are most likely within the right of way. I know the ROW takes a good 5' slice off the front of my lot. I'm still responsible for that slice, though: if I don't maintain it, even if I mow right up to the edge of the ROW, they'll send me nastygrams threatening fines. Thus, I must conclude that I control that strip of land, even if I don't technically own it.

So, I can be "in public" on land I "own or control". There's an important distinction between the two depending on which law we're talking about.

grad_Student wrote:As the resident law student...
public v. private argument is shrouded in 14th amendment search and seizure.

You might want to brush up on those amendments.