Does "own premises" include the yard? My CHL instructor clearly stated that the law considers your yard (especially your front yard) public space and showing your weapon in a place where passers by can clearly see you wearing it is considered unlawful carry (ie as stated above Sec 46.02). At the time i didnt agree with him, but he responded with "do you want to be a test case?"
Inside your living room was held to be a "public place" when a person had their window shades up and front door open and was revealing too much information to the neighborhood.
"Public Place" has absolutly nothing to do with open carry on your "premises"
the law considers your yard
Which law?
the law considers your yard (especially your front yard) public space and showing your weapon in a place where passers by can clearly see you wearing it is considered unlawful carry (ie as stated above Sec 46.02)
Ummm no ...
Sec 46.02 mentions Premises, and not "public place" and it even defines premises
want to be a test case?"
Test cases are cases where there is no prior litigated case; there could be litigated cases, but I can't see anyone getting arrested when no crime is committed very often because the city has to pay too much to settle the wrongful arrest cases.
I don't understand how one could be a test case in already established law where cases on the issue are already decided.
http://en.wikipedia.org/wiki/Res_judicata" onclick="window.open(this.href);return false;
As I said, I'd hesitate to buy a product concerning my legal rights, Insurance etc from one who ostensibly did not know the law pertaining to what he is selling
The issue is not whether it's a "public place" but whether it is on his Premises, and as defined, he is, so no crime was committed.
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;
Sec. 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
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
-----
So what is the correct interpretation?
(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.
I agree that your front yard is a "public place" therefore I'd caution not to violate the disorderly conduct Statute by waving a gun around "in a manner calculated to alarm" or turning music up loud or streaking or using certain language while in the front yard ... however, it is not illegal to open carry on your premises because it's one of the "unless" parts. (if the person is not: ...)
Also, no CHL is even needed to open carry shirtless on your premises, but if a neighbor waves for you to cross the street ... don't do it while open carrying ; if you have a chl, put on a shirt, (or a washcloth to drape over your gun if you do have a chl; but no shirt)
if you don't have a chl , put the gun up secured on your premises before crossing the street. There are laws against firing/discharging firearms in the city (including your front yard) and justifications/defenses in Chapter 9 of the Penal code as "Necessity"
But there is nowhere, no law, that says you can't open carry on your property you own even without a CHL if it is done
not in a manner calculated to alarm. That would be like a law that you can't open carry a machete on your own property if you use it to do yard work or a baseball bat or a butcher knife or fillet knife .. on your own property. The Lawn Darts game would be illegal ...
https://www.google.com/search?q=law+dar ... 16&bih=621" onclick="window.open(this.href);return false;
Weapons
http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;
Disorderly Conduct (Public Place)
Do not pass gas in your front yard, nor light a cigarette or cigar which contains over 7,000 chemicals in your front yard, since it's a public place
See
http://www.statutes.legis.state.tx.us/D ... /PE.42.htm" onclick="window.open(this.href);return false;
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
