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Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 12:41 pm
by rmr1923
Ok this is sort of a tricky question, I've asked a few people before and nobody seemed to know for sure, other than just giving their personal opinions on the matter. So a person who does not have a CHL is allowed to carry a handgun while on their own property, right? Now let's say this person runs a small business (sole proprietorship), owns the building and the land that it's on, and the building is not attached or connected in any way to any neighboring businesses (it's located on a corner with an empty lot to one side and a private residence behind it separated by a tall fence). Would the business owner be allowed to carry without a CHL (openly or concealed) on the premises since he owns the property? this particular business owner has asked a few of the local police and got conflicting answers from them, one guy said absolutely he's allowed to, and another said no, not without a CHL.

and for those who will inevitably ask, the reason this person hasn't gotten a CHL yet is because he's open 6 days a week and doesn't have a single employee who's dependable enough at the moment to run the place if he were to take a day off to take the course. i told him he could take a course on a sunday here in Houston but he's normally out of town tending to property and livestock he owns in other counties.

can anyone provide some insight for me here? my thought is that since the property belongs to him, he should be allowed to carry a concealed handgun, but i'm not sure if the fact that it's a place of business changes anything.

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 12:56 pm
by TxKimberMan
PC §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 that is owned
by the person or under the person's control.

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 1:27 pm
by RoyGBiv
Elapsed time 00:15 :thumbs2:

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 1:30 pm
by Beiruty
He can carry concealed and open (be careful if some one called the police for man with a gun, then questions and answers session is in order). So concealed is the recommended method.

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 3:49 pm
by Grog
TxKimberMan wrote:PC §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 that is owned
by the person or under the person's control.


Say I park my truck on the public street, does that mean it be legal to carry concealed from my house to my truck and back? It looks like it, but there are some nutty interpretations of laws.

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 3:51 pm
by WildBill
Grog wrote:
TxKimberMan wrote:PC §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 that is owned
by the person or under the person's control.
Say I park my truck on the public street, does that mean it be legal to carry concealed from my house to my truck and back? It looks like it, but there are some nutty interpretations of laws.
Yes. Just run real fast. :mrgreen:

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 3:55 pm
by MojoTexas
It's pretty common to see open-carry inside gun stores and shooting ranges. I know the Bullet Trap in Plano lets their employees carry either concealed or open.

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 4:47 pm
by rmr1923
Beiruty wrote:He can carry concealed and open (be careful if some one called the police for man with a gun, then questions and answers session is in order). So concealed is the recommended method.
yeah i think he's been carrying a Derringer in an ankle holster for a couple months now but was asking me if he could get away with carrying a 1911 in an IWB holster and i figured he could but wanted to check on here because i wasn't 100% sure. and i don't think there would be much of an issue with someone reporting him to the police, it's a car service center and he has a contract to service all PD, Sheriff and DPS cars for the county so he knows all the officers/deputies pretty well. but then again i don't think he'd want to openly carry for fear of scaring away customers.

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 6:07 pm
by Barbi Q
rmr1923 wrote:yeah i think he's been carrying a Derringer in an ankle holster for a couple months now but was asking me if he could get away with carrying a 1911 in an IWB holster and i figured he could but wanted to check on here because i wasn't 100% sure. and i don't think there would be much of an issue with someone reporting him to the police, it's a car service center and he has a contract to service all PD, Sheriff and DPS cars for the county so he knows all the officers/deputies pretty well. but then again i don't think he'd want to openly carry for fear of scaring away customers.
I see 46.02 was posted already so I'll just say I carried concealed at work before I had a CHL. (family business)

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 6:18 pm
by puma guy
Concealed carry is the way to go if he's using it for protection and defense at the business. If the BG sees a weapon displayed he would probably just shoot first.

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 6:31 pm
by PappaGun
puma guy wrote:Concealed carry is the way to go if he's using it for protection and defense at the business. If the BG sees a weapon displayed he would probably just shoot first.
I'm not so sure.

Maybe, maybe not.

Maybe the BG's just don't enter to begin with.

Can any one cite an instance of a business that allows OC that has been robbed?

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 7:11 pm
by Barbi Q
PappaGun wrote:Can any one cite an instance of a business that allows OC that has been robbed?
Banks, among other places with armed security that OCs.

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 7:17 pm
by rmr1923
puma guy wrote:Concealed carry is the way to go if he's using it for protection and defense at the business. If the BG sees a weapon displayed he would probably just shoot first.
yeah i agree that concealed is the way to go. not too long ago an electronics shop across the street was robbed, the owner was tied up at gunpoint and the robbers took off with a bunch of cell phones, which is why he wants to carry at work.

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 7:26 pm
by Darwood
Grog wrote:
TxKimberMan wrote:PC §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 that is owned
by the person or under the person's control.


Say I park my truck on the public street, does that mean it be legal to carry concealed from my house to my truck and back? It looks like it, but there are some nutty interpretations of laws.
Actually I think as it reads you can only tax a handgun into a motor vehicle. There's no provision to let you take it out. Just means you have to keep buying more guns. :mrgreen:

Re: Carry for non-CHL holder on personal property

Posted: Thu Feb 24, 2011 8:04 pm
by PappaGun
Barbi Q wrote:
PappaGun wrote:Can any one cite an instance of a business that allows OC that has been robbed?
Banks, among other places with armed security that OCs.
Good point.

I was thinking more along the lines of say a gun shop or other similar small business.

But you are right.