Non-LTC carry on Another's Private Property

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton


Topic author
locke_n_load
Senior Member
Posts in topic: 4
Posts: 1000
Joined: Tue Apr 09, 2013 3:35 pm

Non-LTC carry on Another's Private Property

#1

Post by locke_n_load »

I could have sworn that something passed last year that would allow you to give permission to your buddy to conceal/open carry on your private property if you gave permission, even if they didn't have an LTC - I remember reading about BBQ guns on that topic as well. Did something like this pass or am I mistaken?
Looking to host people for 4th of July and I want people to be able to carry if they want. It's what our founders would have wanted, I believe.
CHL Holder since 10/08
NRA Certified Instructor
Former LTC Instructor
User avatar

ScottDLS
Senior Member
Posts in topic: 7
Posts: 5052
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Non-LTC carry on Another's Private Property

#2

Post by ScottDLS »

locke_n_load wrote:I could have sworn that something passed last year that would allow you to give permission to your buddy to conceal/open carry on your private property if you gave permission, even if they didn't have an LTC - I remember reading about BBQ guns on that topic as well. Did something like this pass or am I mistaken?
Looking to host people for 4th of July and I want people to be able to carry if they want. It's what our founders would have wanted, I believe.
In 2013 the law was changed so that failure to conceal by a CHL had to happen in public to be guilty. But you still have to have a LTC to carry a handgun except in your car or "property you control". So it still seems your guests without a LTC would violate 46.02.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

Topic author
locke_n_load
Senior Member
Posts in topic: 4
Posts: 1000
Joined: Tue Apr 09, 2013 3:35 pm

Re: Non-LTC carry on Another's Private Property

#3

Post by locke_n_load »

ScottDLS wrote:
locke_n_load wrote:I could have sworn that something passed last year that would allow you to give permission to your buddy to conceal/open carry on your private property if you gave permission, even if they didn't have an LTC - I remember reading about BBQ guns on that topic as well. Did something like this pass or am I mistaken?
Looking to host people for 4th of July and I want people to be able to carry if they want. It's what our founders would have wanted, I believe.
In 2013 the law was changed so that failure to conceal by a CHL had to happen in public to be guilty. But you still have to have a LTC to carry a handgun except in your car or "property you control". So it still seems your guests without a LTC would violate 46.02.
Dang.
I wonder if I gave everyone a copy of the house key, would they be in shared control of the property? I have a few spares.
CHL Holder since 10/08
NRA Certified Instructor
Former LTC Instructor

flechero
Senior Member
Posts in topic: 1
Posts: 3485
Joined: Thu Dec 06, 2007 5:04 pm
Location: Central Texas

Re: Non-LTC carry on Another's Private Property

#4

Post by flechero »

But you still have to have a LTC to carry a handgun except in your car or "property you control". So it still seems your guests without a LTC would violate 46.02.
How is that any different than at the range?

txpilot
Member
Posts in topic: 1
Posts: 78
Joined: Tue Apr 01, 2014 8:19 am

Re: Non-LTC carry on Another's Private Property

#5

Post by txpilot »

flechero wrote:How is that any different than at the range?
A range is covered in Section 46.15 (b) (3):
Sec. 46.15. NONAPPLICABILITY.
...
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
User avatar

ScottDLS
Senior Member
Posts in topic: 7
Posts: 5052
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Non-LTC carry on Another's Private Property

#6

Post by ScottDLS »

:iagree:

It comes down to is a Barbecue a sporting activity...and is a handgun commonly used in that activity? In Texas....yes. :biggrinjester:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

vjallen75
Senior Member
Posts in topic: 1
Posts: 529
Joined: Sat Apr 02, 2016 7:13 am
Location: HEB

Re: Non-LTC carry on Another's Private Property

#7

Post by vjallen75 »

ScottDLS wrote::iagree:

It comes down to is a Barbecue a sporting activity...and is a handgun commonly used in that activity? In Texas....yes. :biggrinjester:
:thumbs2: :patriot:
Vence
NRA Member, EDC: FNS-9mm
I have contact my state rep., Jonathan Stickland, about supporting HB 560. Fine out who represents you, here.
User avatar

warnmar10
Senior Member
Posts in topic: 3
Posts: 616
Joined: Sun Jan 03, 2016 11:57 am

Re: Non-LTC carry on Another's Private Property

#8

Post by warnmar10 »

txpilot wrote:
A range is covered in Section 46.15 (b) (3):
Sec. 46.15. NONAPPLICABILITY.
...
(3) ... , or other sporting activity on the immediate premises where the activity is conducted, ...
Horseshoes, croquet, volleyball, darts... traditional July 4 sporting activities all.
User avatar

ScottDLS
Senior Member
Posts in topic: 7
Posts: 5052
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Non-LTC carry on Another's Private Property

#9

Post by ScottDLS »

warnmar10 wrote:
txpilot wrote:
A range is covered in Section 46.15 (b) (3):
Sec. 46.15. NONAPPLICABILITY.
...
(3) ... , or other sporting activity on the immediate premises where the activity is conducted, ...
Horseshoes, croquet, volleyball, darts... traditional July 4 sporting activities all.
if the weapon is a type commonly used in the activity;

I use my .357 revolver for lawn darts... :lol:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
User avatar

Pawpaw
Senior Member
Posts in topic: 1
Posts: 6745
Joined: Sat Jun 19, 2010 11:16 am
Location: Hunt County

Re: Non-LTC carry on Another's Private Property

#10

Post by Pawpaw »

ScottDLS wrote:
warnmar10 wrote:
txpilot wrote:
A range is covered in Section 46.15 (b) (3):
Sec. 46.15. NONAPPLICABILITY.
...
(3) ... , or other sporting activity on the immediate premises where the activity is conducted, ...
Horseshoes, croquet, volleyball, darts... traditional July 4 sporting activities all.
if the weapon is a type commonly used in the activity;

I use my .357 revolver for lawn darts... :lol:
It would be even more effective with horseshoes. When properly applied, it can change a "leaner" into a "ringer". ;-)
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams

Soccerdad1995
Senior Member
Posts in topic: 3
Posts: 4337
Joined: Mon Jan 04, 2016 8:03 pm

Re: Non-LTC carry on Another's Private Property

#11

Post by Soccerdad1995 »

Wow. I didn't even realize this. More than a bit ridiculous for the government to constrain what I allow my guests to do on my property.

I have in the past taken people for their first visit to a range, and when I do this I like to have them come to my house for a basic safety / orientation talk, which includes having them handle various (unloaded) guns to work the slide, etc. This helps to determine which guns we actually bring to the range. Are they (or I) technically violating a law assuming they don't have an LTC?

rotor
Senior Member
Posts in topic: 1
Posts: 3326
Joined: Tue Dec 18, 2012 11:26 pm

Re: Non-LTC carry on Another's Private Property

#12

Post by rotor »

Soccerdad1995 wrote:Wow. I didn't even realize this. More than a bit ridiculous for the government to constrain what I allow my guests to do on my property.

I have in the past taken people for their first visit to a range, and when I do this I like to have them come to my house for a basic safety / orientation talk, which includes having them handle various (unloaded) guns to work the slide, etc. This helps to determine which guns we actually bring to the range. Are they (or I) technically violating a law assuming they don't have an LTC?
I don't know the answer. How about this, my wife just got her LTC but when she went to her class she didn't want to leave the gun in the car because we don't have a locking glovebox and it's a so-so neighborhood. Was she breaking the law bringing her gun into the class in it's case? She certainly didn't have a LTC at that point yet she would need the gun to take the test.

Soccerdad1995
Senior Member
Posts in topic: 3
Posts: 4337
Joined: Mon Jan 04, 2016 8:03 pm

Re: Non-LTC carry on Another's Private Property

#13

Post by Soccerdad1995 »

rotor wrote:
Soccerdad1995 wrote:Wow. I didn't even realize this. More than a bit ridiculous for the government to constrain what I allow my guests to do on my property.

I have in the past taken people for their first visit to a range, and when I do this I like to have them come to my house for a basic safety / orientation talk, which includes having them handle various (unloaded) guns to work the slide, etc. This helps to determine which guns we actually bring to the range. Are they (or I) technically violating a law assuming they don't have an LTC?
I don't know the answer. How about this, my wife just got her LTC but when she went to her class she didn't want to leave the gun in the car because we don't have a locking glovebox and it's a so-so neighborhood. Was she breaking the law bringing her gun into the class in it's case? She certainly didn't have a LTC at that point yet she would need the gun to take the test.
I did the same thing as did everyone in my class, most of which were first time applicants (so no CHL). The off duty sheriffs deputy who taught the class did not arrest any of us, so I think we were OK.
User avatar

ScottDLS
Senior Member
Posts in topic: 7
Posts: 5052
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Non-LTC carry on Another's Private Property

#14

Post by ScottDLS »

Soccerdad1995 wrote:Wow. I didn't even realize this. More than a bit ridiculous for the government to constrain what I allow my guests to do on my property.

I have in the past taken people for their first visit to a range, and when I do this I like to have them come to my house for a basic safety / orientation talk, which includes having them handle various (unloaded) guns to work the slide, etc. This helps to determine which guns we actually bring to the range. Are they (or I) technically violating a law assuming they don't have an LTC?
Probably could argue that safety training at your house is part of the "sporting activity".
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

Topic author
locke_n_load
Senior Member
Posts in topic: 4
Posts: 1000
Joined: Tue Apr 09, 2013 3:35 pm

Re: Non-LTC carry on Another's Private Property

#15

Post by locke_n_load »

I think for my BBQ, I will host a free 10 minute firearm safety class, before we start grilling. If people want to practice carrying a firearm on their hip during the BBQ, that is additional training.

Even though I am an NRA instructor, it will be a non-NRA sponsored class.

I have yet to hear of any instructors teaching out of their home have a problem from Johnny Law with non license holders having firearms outside their own home/vehicle. Although we will be in my backyard and will not draw any attention anyways.

Maybe its like that GFSZA, that doesn't ever get prosecuted by itself (had to add that for Scott). :txflag:
CHL Holder since 10/08
NRA Certified Instructor
Former LTC Instructor
Post Reply

Return to “General Texas CHL Discussion”