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I think the case could be made either way. IMHO, it's not a strong case. The law does not define premises except by the terms "own or control." You have more control over a hotel room that you are renting than a house where you are a guest.

Hotel rooms may be covered by case law. Typically you are traveling when you rent a hotel room.

- Jim

I think one original intent of the law that is now 46.02 was to prevent the assembly of "citizens committees" with violent intent, back in the bad old days.

Some states have or had even stricter laws, forbidding the assembly of armed citizens for any reason.

Handguns have always received harsher treatment than long guns.

- Jim

WildBill wrote:With the current laws I could see an arrest for "house carry" maybe in Washington D.C., but haven't read about it there or anywhere else. I realize just because it has not happened doesn't mean it couldn't happen.

I'm not saying that the cops will bust down the door and arrest the guy because they telepathically know he has a pistol. It is very unlikely that he would ever come to the attention of the police.

One scenario that ocurred to me is a neighbor seeing a strange man around the house, perhaps also knowing that the owners are on vacation, and calling 911. In that case it would be bad to be caught carrying, even on private property.

If the pistol is out of sight, there should be no problem.

craig_o wrote:Is the law really any different (or any more clear, for that matter) if the firearm in question was a shotgun?

Absolutely. You can have a long gun anywhere not listed in PC 46.03.

- Jim

WildBill wrote:So you are saying that a person can't legally defend themself in another person's home because they would be carrying illegally?

They are violating the letter of the law if they use a handgun.

As I said earlier, I've read about cases where someone obviously had to be carrying illegally before defending himself (before car carry was legal). If it was justified self-defense and the defender was not a felon, the authorities overlooked the illegal carry.

- Jim

He has to meet the definition of carrying on or about his person to get it there, and to use it if he needs it. When I say "needs it," I don't necessarily mean an immediate need to shoot, but something like knocking on the door at 2 a.m. or the dog going nuts.

- Jim

Please read PC §46.02 and PC §46.15 and show me how you think a person who does not have a CHL can take a handgun into his girlfriend's parents' house. Ncongruent offered one theory, and I responded to it.

Of course this law is unreasonable. It provides a reason for the police to arrest anyone who has a handgun and does not have a CHL, except at a range. There are some case-law exceptions for taking a handgun home from a store and taking it to a gunsmith.

- Jim

Russell wrote:That's interesting though that if you are spending the night at somebodies house and you have your handgun open on the nightstand next to you you are technically committing a felony.

It would not be a felony. It would be either unlawful carry (PC §46.02) or failure to conceal by a CHL (PC §46.035(a)), both class A misdemeanors.

The O.P. asked what was legal. I don't make the law. I am not a lawyer. When answering this kind of speculative question, I try to think like the most hard-nosed cop or prosecutor, because that is the worst-case scenario.

As a practical matter, the police can't legally come into a private home without notice (though they have made mistakes, in which case evidence is not admissible at trial). You can get away with a lot. Also, if you have to defend yourself, and you are not a prohibited person (felon), no one seems concerned with the letter of the law.

- Jim

legend wrote:I would be amazed if it were NOT legal to have it there... I would take mine for sure, even if I didn't have my CHL...

Be amazed. Read PC§ 46.02: http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm

- Jim

The question of control is who can allow or deny access. The young lady can order the young man to leave. He cannot order her to leave, nor rightfully allow access to a third party.

If the situation ever came to that, the lawyer bills would be ruinous.

- Jim

Technically you need a CHL to carry a handgun on premises that you do not own or control (except for circumstances such as traveling and hunting).

Probably the best legal solution is to bring a shotgun.

- Jim