Specific question on open carry

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CJD
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Specific question on open carry

Postby CJD » Sat May 30, 2015 10:28 am

I've been wondering this for a while, but wasn't going to ask unless open carry passed.
What will the laws be regarding ability of apartments and gated communities with private roads restricting open carry, or for that matter carry in general?

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Robert91RS
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Re: Specific question on open carry

Postby Robert91RS » Sat May 30, 2015 11:18 am

Seems like they'd have to give verbal warning or post signs. Anyone carrying open will become a target and get a verbal notice fairly quick I imagine, whereas if you keep it concealed while your on the property they won't know to post signs or create anti gun policies. Do as you will, but unless the owner is a known 2A supporter I think you serve yourself better by being discrete.


Tracker
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Re: Specific question on open carry

Postby Tracker » Sat May 30, 2015 11:23 am

my daughter is in an apartment where the policy is she can carry to and from her car but the ownership doesn't want them carrying concealed around on the property as a matter of routine practice.


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Re: Specific question on open carry

Postby casp625 » Sat May 30, 2015 11:25 am

Tracker wrote:my daughter is in an apartment where the policy is she can carry to and from her car but the ownership doesn't want them carrying concealed around on the property as a matter of routine practice.

But is that legally enforceable?


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Re: Specific question on open carry

Postby Tracker » Sat May 30, 2015 11:27 am

casp625 wrote:
Tracker wrote:my daughter is in an apartment where the policy is she can carry to and from her car but the ownership doesn't want them carrying concealed around on the property as a matter of routine practice.

But is that legally enforceable?


No, not as per state laws. But it might void the contract.


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CJD
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Re: Specific question on open carry

Postby CJD » Sat May 30, 2015 11:34 am

Tracker wrote:
casp625 wrote:
Tracker wrote:my daughter is in an apartment where the policy is she can carry to and from her car but the ownership doesn't want them carrying concealed around on the property as a matter of routine practice.

But is that legally enforceable?


No, not as per state laws. But it might void the contract.

Can you please explain why it's not? This was what I was wondering.


Tracker
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Re: Specific question on open carry

Postby Tracker » Sat May 30, 2015 11:40 am

CJD wrote:
Tracker wrote:
casp625 wrote:
Tracker wrote:my daughter is in an apartment where the policy is she can carry to and from her car but the ownership doesn't want them carrying concealed around on the property as a matter of routine practice.

But is that legally enforceable?


No, not as per state laws. But it might void the contract.

Can you please explain why it's not? This was what I was wondering.


Because there is no 30.06 signs posted anywhere on the property. It's an agreement in the signed contract. That is a civil agreement between the leassee and leassor. If you violate the contract they can force you to move out, they can't have you arrested.


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CJD
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Re: Specific question on open carry

Postby CJD » Sat May 30, 2015 11:49 am

Tracker wrote:
CJD wrote:
Tracker wrote:
casp625 wrote:
Tracker wrote:my daughter is in an apartment where the policy is she can carry to and from her car but the ownership doesn't want them carrying concealed around on the property as a matter of routine practice.

But is that legally enforceable?


No, not as per state laws. But it might void the contract.

Can you please explain why it's not? This was what I was wondering.


Because there is no 30.06 signs posted anywhere on the property. It's an agreement in the signed contract. That is a civil agreement between the leassee and leassor. If you violate the contract they can force you to move out, they can't have you arrested.

So apartment complexes could post 30.06 on their grounds? But you would still be able to have them in your car and domicile right?
And regarding gated neighborhood with private roads. One I'm wondering in particular has a POA. Does this then count as a government agency which cannot prohibit weapons?

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Re: Specific question on open carry

Postby K5GU » Sat May 30, 2015 12:00 pm

CJD wrote:
Tracker wrote:
CJD wrote:
Tracker wrote:
casp625 wrote:
Tracker wrote:my daughter is in an apartment where the policy is she can carry to and from her car but the ownership doesn't want them carrying concealed around on the property as a matter of routine practice.

But is that legally enforceable?


No, not as per state laws. But it might void the contract.

Can you please explain why it's not? This was what I was wondering.


Because there is no 30.06 signs posted anywhere on the property. It's an agreement in the signed contract. That is a civil agreement between the leassee and leassor. If you violate the contract they can force you to move out, they can't have you arrested.

So apartment complexes could post 30.06 on their grounds? But you would still be able to have them in your car and domicile right?
And regarding gated neighborhood with private roads. One I'm wondering in particular has a POA. Does this then count as a government agency which cannot prohibit weapons?

There is bill (HB 2999) that addresses this for so-called property owner associations, but it doesn't apply to apartments. This bill hasn't gone very far this session. http://www.legis.state.tx.us/BillLookup ... ill=HB2999
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Re: Specific question on open carry

Postby The Wall » Sat May 30, 2015 12:03 pm

Your home is your castle. They can't stop you from carrying in your home including your apartment. The common areas like parking lots and sidewalks are part of your home. Now they could post 30.06 signs on the office I would think. You wouldn't breech your rental agreement or lease unless it was specifically mentioned and you signed it. If they kicked you out then they would be breaching the contract if it wasn't in your lease.


Tracker
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Re: Specific question on open carry

Postby Tracker » Sat May 30, 2015 12:06 pm

CJD wrote:
Tracker wrote:
CJD wrote:
Tracker wrote:
casp625 wrote:
Tracker wrote:my daughter is in an apartment where the policy is she can carry to and from her car but the ownership doesn't want them carrying concealed around on the property as a matter of routine practice.

But is that legally enforceable?


No, not as per state laws. But it might void the contract.

Can you please explain why it's not? This was what I was wondering.


Because there is no 30.06 signs posted anywhere on the property. It's an agreement in the signed contract. That is a civil agreement between the leassee and leassor. If you violate the contract they can force you to move out, they can't have you arrested.

So apartment complexes could post 30.06 on their grounds? But you would still be able to have them in your car and domicile right?
And regarding gated neighborhood with private roads. One I'm wondering in particular has a POA. Does this then count as a government agency which cannot prohibit weapons?


They could put the sign on the office complex but they can't put it on your apartment door. And your apartment lease extends to the the private road and grounds. They can't ban you from your community leased property using anything from the penal code, as far as I know. They can say you violated the lease agreement, however. They would have to prove you violated the lease and get a court order to have you evicted.


Tracker
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Re: Specific question on open carry

Postby Tracker » Sat May 30, 2015 12:07 pm

The Wall wrote:Your home is your castle. They can't stop you from carrying in your home including your apartment. The common areas like parking lots and sidewalks are part of your home. Now they could post 30.06 signs on the office I would think. You wouldn't breech your rental agreement or lease unless it was specifically mentioned and you signed it. If they kicked you out then they would be breaching the contract if it wasn't in your lease.


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