your property

[fmhscopeland]

I recently went to a Gun Shop and have noticed a lot of employees open carry. I presume that they all have their CHL but how can they get away with open carry? And what is the definition of "your property". I rent a apartment but i don't own it or the grounds so i couldn't open carry from my apt to my car or walk around inside the complex... Can i walk around in my apt O/C and even out on my balcony legally? What about others property, ie friends or family assuming i have permission. But why can people who have a home O/C on their driveway, grass etc but i cant walk around the complex that i rent in...I could see the gun shop thing the owner owns the property and lets the employees with a CHL do as they wish, would other property like friends or family be the same since they own it and i have their permission to do so if i am there?
how if i O/C at the gun shop, my apt, or if i owned a home or wherever else is it not in violation of this
(a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

[Jeremae]

Open carry is legal on property your Own or Control and does not require a CHL. In fact if you are on your own property, you are not carrying under the authority of the CHL.

You Control access to your apartment but the public areas like walkways and parking lots are not under your control.

Gunshop employees carry under the assumption that they Control access to the shop. It is sort of a grey area that is not challenged by law enforcement.

[WildBill]

IANAL nor an LEO, but open carry in gun stores seems to be an exception to the rules. Note that open carry doesn't mean that a handgun must be in a holster. If you were walking the streets, or in a common area of your apartment complex, carrying a handgun you would be charged with failure to conceal, regardless if you carried in your hand or if it were in a holster.

Following this logic, it would be impossible for a gun store employee to show a handgun to a customer without "open carrying" the gun from the display case to the counter top. Since the employees are "carrying" handguns around all day, what does it matter if they are wearing one on their hip? I don't know if I am correct, but that's the best explanation I can think of.

Is it possible for all of the gunshop's employees to have control of the premises? I wouldn't think so, but that's another possible explanation.

As for open carrying at your friend's house or property that is not under your control, I see nothing in Texas Penal Code Chapter 46 which mentions "permission" from the owner of the premises.

[C-dub]

I don't think that gun shops are an exception. I think it's just more probable in that environment. If the owner allows it then it is okay. If the owner of WalMart said it was okay I think employees could open carry in the store. They could possibly put restrictions on who could and could not OC. Those with CHL's or even no restrictions at all except being over 18 or 21 years of age or even only for manager and up with or without CHL.

At a friends house might be tricky without their permission. Although it's not public property, it's also not under my control.

Being able to show someone a gun at a store is kind of interesting. I'd never thought about it like this before, but it is in a privately owned business and not really out in the "public."

Also, IANAL, nor do I play one on television.

[fmhscopeland]

well what constitutes under my control? If i am at my parents or a friends what makes that property more under their control or my control? I just dont understand how i presume management at a gun shop can legally.. or evidently not argued with by local LEO's let their employees O/C even though its illegal to do so in texas.. What is the difference in the manager doing so to me having people over if i had a home and letting my friends there O/C while grilling? Just seems double sided.. And i saw more over a lot of guys at the gun shop O/C so i am sure that they dont take it off or put a jacket on when they go outside or leave so isent that in violation?

[AEA]

Gun stores are not the only stores that open carry or that can open carry.

If I own a business, I can open carry all I want to in that business. Additionally, any employee I hire can also open carry as my "Agent" in my business that is under their control.

[92f-fan]

the CHL class I took was at a club/store

it was explained that the employees were allowed by the owner to open carry for their own protection.

They were adamant that Its NOT for protection of the register or the merchandise - that requires a security license of some type ]

they also train and employ armed security at the same location

[5thGenTexan]

Range/shop I frequent most often all the employees open carry in the shop and yes when they exit the physical premises of the property owned by the shop they cover. Most will toss on a vest or jacket even when on the porch or in the parking lot for a smoke just so they don't alarm customers of the adjacent business'.

[C-dub]

well what constitutes under my control? If i am at my parents or a friends what makes that property more under their control or my control? I just dont understand how i presume management at a gun shop can legally.. or evidently not argued with by local LEO's let their employees O/C even though its illegal to do so in texas.. What is the difference in the manager doing so to me having people over if i had a home and letting my friends there O/C while grilling? Just seems double sided.. And i saw more over a lot of guys at the gun shop O/C so i am sure that they dont take it off or put a jacket on when they go outside or leave so isent that in violation?

Where's my manners? Welcome to the forum.

If you are at someone else's house, even though it is private or a relative's, does not mean you have control of it. You may not sell it or even start or discontinue a utility. You don't have any legal right to tell another guest to leave. However, if you did OC and your mom, dad, brother, sister, or friend did not say anything would that imply consent? It might. I don't know. I think you may give others that visit your home or property permission to OC.

As AEA said, a gun store or any other business can allow their employees to OC with their permission. It is not in the "public." People may come in, but I think a store can deny access to anyone as long as they do not violate any of the anti-discrimination laws. Also, if you are not given permission to do so you may not OC in a store even if the employees of that store are.

It's your house and it's their store. Neither of them are public property. I OC all the time in my house and on my property, just not in the front yard. If I owned a business I would probably OC there too.


C-dub

[geoelectro]

I own my own business and do not OC. It would probably put off customers. I CC both at the shop and on service calls. When doing a Service call at a school, I lock up my Glock in a strong box. I would have no problem with OC at home. Come to think of it, I need to find me an OC holster for around the house for a lefty!

Geoelectro