Search found 8 matches

by Keith B
Sun Aug 11, 2013 1:54 pm
Forum: General Texas CHL Discussion
Topic: Open Carry at Business
Replies: 41
Views: 2632

Re: Open Carry at Business

pancho wrote:
JALLEN wrote:Different set of rules but all the employees at the gun store/range I used to belong to in San Diego carried openly in the store.
Different set of rules but all the handgun shooters I saw at the range yesterday in Texas had them out in the open. Nobody was concealing them between shots. :biggrinjester:
And they don't have to as they are engaged in a sporting activity which allows them to be open.
by Keith B
Sat Jul 20, 2013 8:10 am
Forum: General Texas CHL Discussion
Topic: Open Carry at Business
Replies: 41
Views: 2632

Re: Open Carry at Business

TexasCajun wrote: This still doesn't explain by what authority the sales associates & other staff are able to open carry at The Arms Room. If the owner can't confer authority (as stated earlier in this thread) and they're not employed as security, how is it so?
There is no case law on 'in control' so many are playing the card that says 'these employees are in control of the premises' and letting them open carry. A gun range also gets a possible other pass as it could be considered they are all engaged in a sporting activity, especially is the store has a range in it.
by Keith B
Sat Jul 20, 2013 7:48 am
Forum: General Texas CHL Discussion
Topic: Open Carry at Business
Replies: 41
Views: 2632

Re: Open Carry at Business

1shooter wrote:Thanks for all the coments...I think...So if we change all this up, and carry a long gun...is that legal... cause as far as i know, its legal to carry open long guns (Rifle or Shotguns)...
Long gun open carry is legal, but depending on where you work and if you have customers that come to your location, you may get a lot of really strange looks and some that don't want to come in or come back.

Why don't you just get your CHL and then you can legally carry unless the business is one that is prohibited from carrying by statute.
by Keith B
Fri Jul 19, 2013 9:15 pm
Forum: General Texas CHL Discussion
Topic: Open Carry at Business
Replies: 41
Views: 2632

Re: Open Carry at Business

Jason K wrote:
Keith B wrote:
jocat54 wrote:Just curious.....why couldn't I as a property owner say or give another control of said property.

Which brings up another question in my mind.........if wife and I are both on the property who is in control of the premises? (nevermind I really do know ther answer to that) :mrgreen:
It is a gray area. The question comes down to how many people can be in control of the property at one time. There is no case law or AG opinion that I am aware of. So, you could argue that both people carrying were in control of the premises, but if that other person owned it and was there with you, then as a DA wanting to prosecute for an Unlawful Carry charge I would argue that the owner was actually the one in control and would override any control you really had.
Even if the person carrying is a representative of the owner?.....
If you are a representative of the owner and are the one that is truly in control of the premises, then you meet the letter of the law. The issue is if the true owner and you are both there, then I would say they are really in control and you are not.

So, personally, I would not want to be the test case on this one.
by Keith B
Fri Jul 19, 2013 8:08 pm
Forum: General Texas CHL Discussion
Topic: Open Carry at Business
Replies: 41
Views: 2632

Re: Open Carry at Business

jocat54 wrote:Just curious.....why couldn't I as a property owner say or give another control of said property.

Which brings up another question in my mind.........if wife and I are both on the property who is in control of the premises? (nevermind I really do know ther answer to that) :mrgreen:
It is a gray area. The question comes down to how many people can be in control of the property at one time. There is no case law or AG opinion that I am aware of. So, you could argue that both people carrying were in control of the premises, but if that other person owned it and was there with you, then as a DA wanting to prosecute for an Unlawful Carry charge I would argue that the owner was actually the one in control and would override any control you really had.
by Keith B
Fri Jul 19, 2013 7:51 pm
Forum: General Texas CHL Discussion
Topic: Open Carry at Business
Replies: 41
Views: 2632

Re: Open Carry at Business

oohrah wrote:Wow, that's incredible! I bet this law is violated all the time in west Texas, just speculating. Thanks for the education.
It comes down to the fact of who is going to report you? If you go to a buddies house and he doesn't care if you open carry where only he or his family can see you, then it is still illegal but they won't turn you in for it, so no one will know.
by Keith B
Fri Jul 19, 2013 7:39 pm
Forum: General Texas CHL Discussion
Topic: Open Carry at Business
Replies: 41
Views: 2632

Re: Open Carry at Business

oohrah wrote:Then educate me here - if I'm in my house, or on my farm, I can open carry and I can give one of my guns to a visitor and they can open carry. As long as we stay on private property and have the owner's permission, no licenses are required.
Actually, no, can't give someone permission to open carry on your property. Here is the part of the law that pertains to carrying:
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...
So, if you are not on your own premises or premises under your control, then you cannot carry a firearm without a license. If you do have a license, then the firearm must stay concealed if you are not on your premises or premises under your control.
by Keith B
Fri Jul 19, 2013 7:03 pm
Forum: General Texas CHL Discussion
Topic: Open Carry at Business
Replies: 41
Views: 2632

Re: Open Carry at Business

1shooter wrote:I can I open carry at my work, inside and out...My boss has no problem with it...Plano Texas...I do not have a CHL... Im a new to the forum...
Welcome to the forum.

Are you in control of the property? Unless you are in control of the property, then you can't legally open carry on the premises or in the building.

Return to “Open Carry at Business”