Checking on a Neighbor, Legal to Carry?

[A-R]

AustinBoy, sounds like you're a good conscientous observant neighbor. Do y'all have a neighborhood watch? If not, take the initiative and start one. Call your local PD and/or sheriff's office for info on how to coordinate with them. Just remember, the key word is "watch" not "interdict" or "look for trouble". CCW is a LAST RESORT, always.

I'm a block captain for our neighborhood watch. Great way to meet neighbors etc. Has allowed me to meet quite a few who share my RKBA views. One night sitting around in the garage, a neighbor from next block over told me and a neighbor from across the street that he had met enough neighbors to know there are enough guys with AR-15s and AK-47 variants in the neighborhood to form a good-size platoon.

[AustinBoy]

rthillusa -
Thank you. I was feeling paranoid and then I read my wife your post. She said my feelings were completely justified and keep in mind what rthillusa said.

austinrealtor -
Dont get me started. We have a neigborhood news group and the "neighborhood watch" thing has been brought up numerous times. Oddly enough, the last time it was brought up, someone brought up concealed carry and who would be "allowed" to be in the watch. The conversation had to be shut down because of the complete chaos. People FREAKED when concealed carry was brought up. (it's an old neighborhood and many people dont understand)

Seriously, thanks for the feedback,
ty

[dewayneward]

Yes, it would have been illegal to take your gun off your property to investigate. A "better" solution would have been to call the police and let them sort it out.

I know that you are excited at being able to have a gun on you 24/7 legally and being able to "stop crime", however, calling the police may have been the better thing to do. My 2 cents in the matter.

[jordanmills]

It was a delivery from Ikea. Everything was OK.

Lessons learned:
1. I should have stopped, backed up and got the license plate # immediately. (who cares what the guy from Ikea thinks)
2. Situational Awareness: I studied the van. I can tell you every detail about the van. 15 minutes later, I was questioning myself about which driveway it was in. Stop and take in the whole situation.
3. I should have IMMEDIATELY gone down and checked on my neighbor. 2 reasons:
A. If it was a BG she could have been hurt and needing assistance.
B. There would have been NO question as to which driveway the van was in.

I guess this is one of those time when you learn A LOT and are very greatful that everything turned out OK.


Thanks for your input and concern,
Ty

4. A camera phone or even a full digicam in your pocket is often invaluable.

[chamberc]

This reminds me, in a way, of the CHL holder who was killed in the Smith County Court House shooting in Tyler a few years ago. While that guy should have never gotten involved, due to the situation with many police already being involved, he took the time to go back to his apartment, get a handgun instead of a rifle or a shotgun (he had both). Then he faced down an armored attacker with an AK (I believe if I remember correctly) with a handgun. Bad choice... Pick up that deer rifle, and shoot the BG from a distance! Again, he had the time to choose, and ultimately died partially due to that choice.

IF time allows you to go get a weapon, don't get your handgun... get your shotgun or your AR... of the three, in a situation where time allows and whereas you don't already have one, DON'T grab the handgun! Obviously, if it's all you've got, it's fine, but of the 3, it's the poorest choice for a gun fight...

[Purplehood]

I prefer not to go to gunfights.

[The Annoyed Man]

I prefer not to go to gunfights.

Purplehood, you win the "Master of Understatement Award" for today!

I share that preference. And like Oldgringo said, what happened to cellphones with cameras?

[Oldgringo]

I prefer not to go to gunfights.

, they are so loud.

[sjfcontrol]

I prefer not to go to gunfights.

Yeah -- They can ruin your whole day!

[RPB]

Exactly what I thought.
As for the shotgun idea, someone would have called the cops on ME within 5 seconds in my neighborhood! I understand your point though.

I don't know why they would... I used to walk several blocks down Westheimer in Houston I forget the cross streets, but near that Catholic school, close to Montrose I think, with a broke open but 2 shells in the chamber 18.25" Double Barrel Shotgun and waived at the Police cars as they drove by and waived back. Only once did an oficer pull over, roll down the window and ask "Is that a legal length?" I replied yes and he said "OK, have a nice day" and drove off. If trouble came I could snap my wrist and close the action. (We only got held up once at that store)

[DONT TREAD ON ME]

Open carry for long guns....perfectly legal in Texas.

Its true. If your neighbors would have called the cops so be it. Its Legal! I have walked to our mailbox (down the street and around the corner from my house) several times with my shotty slung over the shoulder.

My neighbors have called the cops on me for OCing my XD on MY property before.

[marksiwel]

Open carry for long guns....perfectly legal in Texas.

Its true. If your neighbors would have called the cops so be it. Its Legal! I have walked to our mailbox (down the street and around the corner from my house) several times with my shotty slung over the shoulder.

My neighbors have called the cops on me for OCing my XD on MY property before.

What did the cops say?

[lancermit]

Yea, you don't wanna be runnin' 'round the neighborhood with your gun and no CHL, just to check things out.

Yesterday, I was doing yard work in my front lawn while carrying IWB concealed (no CHL yet, still waiting), when I saw big billows of smoke coming from a neighbor's house/back yard. It looked like smoke was pouring from under the roof/eave. So, I quickly ran across the street to check it out, remembering about half way, that I was carrying. I hesitated, but finished going to check things out. Turned out it was another neighbor across the alley starting a chimnea with something that made a LOT of smoke. I came back to my property right away. Technically, I was in the wrong; but, I WAS concealed, and I came right back. No harm done, and the neighbor's house was safe.

Now, for a quick question:

... With no CHL, illegal for you to carry, UNLESS you are on your property, or have your gun concealed in your car.

My neighbors have called the cops on me for OCing my XD on MY property before.

With NO CHL (still waiting), I carry on my own property. I usually wear an undershirt with an IWB, and a button up casual shirt to conceal. Does my gun have to remain concealed while on my property? Or, can I take my outer shirt off and have the butt of the gun showing, still while in MY front yard?


BTW, AustinBoy, it's always good to keep watch on the neighborhood. Glad it all turned out to be legit!

[ScottDLS]

With NO CHL (still waiting), I carry on my own property. I usually wear an undershirt with an IWB, and a button up casual shirt to conceal. Does my gun have to remain concealed while on my property? Or, can I take my outer shirt off and have the butt of the gun showing, still while in MY front yard?

You can open carry on your own property if you want, but don't step off into the road. Some people have reported having the cops called on them for OCing on their own property, but it's not illegal.

[DONT TREAD ON ME]

With or without a CHL it does not matter you can carry on YOUR property or property under YOUR control however you want.

Notice how in 46.02 it does not state under the authority of Subchapter H, Chapter 411, Government Code so there is absolutely no need for a CHL on your property or property under your control. It also does not state that it must be concealed...thats what 46.035 is for.

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

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(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.


As my Signature states I AM NOT A LAWYER!

As for what the cops said they stated 46.035 to me while I was on MY property and left out the whole "under the authority of Subchapter H, Chapter 411, Government Code" thingy and tried to scare me. It got resolved with no problems and I now have a binder with all the laws pertaining to self defense, carrying and guns so that I am armed with the black and white wording of the law next time they come around.