Church is under my controll?

[jmorris]

Ok I was sitting around thinking and that naturally leads to me getting in trouble. But at least this time I'm not blowing anything up.

PC 46.02 (1) on the person's own premises or premises under the person's control; or

Sent my ap in just a short while ago so I don't have the plastic yet.

I am the trustee chair for my church. As such, or just as a trustee, I am in control of and responsible for all church property. In addition, as the trustee chair I am automatically the Chairman of the board of directors of the church*. As such, that should also place me in control.

So, if this line of reasoning is correct, I should be able to carry on the church premises or grounds without having a CHL.

Wouldn't be a problem with the pastor, as both he and his wife are CHL holders. And two "wannabe but haven't gotten around to it" on the board.

And I don't know that I would without the plastic, but was wondering.

*All churches have one if they are incorporated as a non-profit.

[longtooth]

One of the legal eagle will give the legal answer.
I know as Pastor I carry & basically stay covered but dont worry at all if it is not.

BTW - Welcome aboard.

[seamusTX]

In my personal opinion, if you can allow people into a premises and tell people to leave, you are in control and could carry a handgun without a CHL. If the bylaws of your church or just practical understanding give you that authority, you can carry legally.

You see this in guns stores where all of the employees carry openly.

The fact that the employee himself can be told to leave by the owner (i.e., fired) doesn't affect the fact that the employee is in control while on duty.

However, I don't know if the police, prosecutors, or a judge would buy this argument if you got into some kind of legal trouble.

As a practical matter, people are rarely prosecuted for UCW or related offenses on private property. The cases that I have read about involve carrying in bars, trespassing, and carrying by a felon.

- Jim

[asleepatthereel]

One of the legal eagle will give the legal answer.
I know as Pastor I carry & basically stay covered but dont worry at all if it is not.

BTW - Welcome aboard.

I dont go to church nearly as often as I should, but if I had a pastor like you, I probably would.

[carlson1]

I am the Pastor. There are several of us that carry. It is my understanding as Pastor I can carry open if I so choose, but the Assistant Pastors, Deacons, Etc. . . cannot if I am on property. I understand it as the ONE who is charge of the property who is PRESENT. So, there could not be a Trustee plus a Pastor that carry openly or concealed without a CHL. My guess.

[asleepatthereel]

Are you sure about that? I seem to recall hearing that if your employer allows it, he/she can allow employees to open carry on the premises. As the Pastor, are you considered the employer? Im not a lawyer though, and didnt sleep at Motel 6, so I could be wrong. Im sure someone with the correct info will be along soon enough and let us know.

[carlson1]

Are you sure about that? I seem to recall hearing that if your employer allows it, he/she can allow employees to open carry on the premises. As the Pastor, are you considered the employer? Im not a lawyer though, and didnt sleep at Motel 6, so I could be wrong. Im sure someone with the correct info will be along soon enough and let us know.

Both of my Assistant Pastors work at the Church often through the week. It is my understanding they must stay CONCEALED and I being Pastor/President (incorporated) I can carry open. I carry open a lot when I am there by myself and sometimes people walk in off of the street and the same with them. Can the Assistant Pastors or anyone for that matter OPEN CARRY on property with a letter given from me?

I don't think the Asst. Pastors can carry openly, unless they are in control of the church premises. If any Asst. Pastor is there when you are not, and if he has authority to "control" the premises, then I think open carry is permitted. If you are present, then you clearly have control of the premises and Asst. Pastors do not.

If TPC §46.02 prohibits you from carrying a handgun, then you must rely upon the authority granted by your CHL which means it must be concealed.

Chas.

Here is the new law:

(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 . . .

[KBCraig]

Are you sure about that? I seem to recall hearing that if your employer allows it, he/she can allow employees to open carry on the premises.

You may have heard it, because it's been spouted all too often, but you didn't read it in the law (because it's not there).

[longtooth]

One of the legal eagle will give the legal answer.
I know as Pastor I carry & basically stay covered but dont worry at all if it is not.

BTW - Welcome aboard.

I dont go to church nearly as often as I should, but if I had a pastor like you, I probably would.

Probably 140 miles apart but we have a tape ministry & send out a dozen or so a week. If you need one PM an address & will send it South by USPS.
U - ncle
S - am's
P - ersonal
S - nailmail
LT