Question on private property and handguns

[PANT3RA]

Hello, to fill everyone in so I won't get tons of useless info, I know it's illegal to open carry handguns in the state of Texas on public property. However, can I open carry on private property? I will be rebuilding my car's engine soon and think it'll be easy to have a shoulder holster over smaller/tight under shirts I wear for comfort. Could I get in trouble for having a holstered handgun "exposed" when I take my car over to my mom's driveway (I don't have a garage at my place ) to rebuild.

Anyways, she obviously has no problem with this, so if an officer or neighbor were to see this - could I get in trouble?

[RPB]

Hello, to fill everyone in so I won't get tons of useless info, I know it's illegal to open carry handguns in the state of Texas on public property. However, can I open carry on private property? I will be rebuilding my car's engine soon and think it'll be easy to have a shoulder holster over smaller/tight under shirts I wear for comfort. Could I get in trouble for having a holstered handgun "exposed" when I take my car over to my mom's driveway (I don't have a garage at my place ) to rebuild.

Anyways, she obviously has no problem with this, so if an officer or neighbor were to see this - could I get in trouble?

"take my car over to my mom's driveway ?" "private property"

Sorry, I don't understand. You are taking your car from your place over to your mom's while staying on property y'all own and not going onto public streets etc?

If you never ventured off private property at all, depending on neighbors and local LEO attitudes, my layman's opinion would be that all you could possibly be charged with is ... (and I could be wrong, IANAL)

http://www.statutes.legis.state.tx.us/D ... /PE.42.htm" onclick="window.open(this.href);return false;
PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

No one in MY neighborhood would be "alarmed" we all go to our streetside mailboxes wearing pistols, mow the yard wearing pistols etc .... I dunno your neighbors, if you KNOW they'll be alarmed seeing it, and wear it knowing that you are wearing it in a manner calculated to alarm them, and step onto the public sidewalk/street etc....

Now I don't know if that means visible from a public place, street/sidewalk, or wearing it in a public place. I'd imagine a person on their own property waving around a shotgun on their own property, across the street from a shopping mall, could be arrested for disorderly conduct. Couldn't tell you what the legal outcome would be.

I could be wrong though.

Now if you are going onto public streets, the motorist protection act states it must not be in plain view.

I'm no lawyer.

[PANT3RA]

I would keep it concealed, until I arrived to her driveway, which is where I would switch it up and open carry on her property while working on my car. I'll have my CHL by this time. So would this be legal as far as having it in the open while I'm on her driveway pulling my engine block? It will never be exposed off her property. Would I be legal in this case?

[RPB]

Like I said, we all open carry in OUR yards, I'm in a small town. If your mom gives you permission to carry there, my lay opinion is that you'd be legal having it open carried and holstered on her private property while working on your vehicle.

Penal Code
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
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

[PANT3RA]

Perfect! thank you very much :) I'll keep it concealed till I hit up her house or my house :D

[RPB]

YW, I know almost nothing about cars except not to open the hood and allow my metal watchband to contact a battery terminal. I learned once it heats up the watchband really fast and melts it a bit and makes arm hurt like fire. Be careful with that shoulder holster, I'm visualizing it swinging down and getting grease all over it.

[srothstein]

Like I said, we all open carry in OUR yards, I'm in a small town. If your mom gives you permission to carry there, my lay opinion is that you'd be legal having it open carried and holstered on her private property while working on your vehicle.

Penal Code
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
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

I would like to point out that the OP is not on his own property, not on property under his control, and not inside or enroute to his car. He is on the property of another, under the control of that person and working on or around his car. As a general rule and taking the law at its face value, he would be unlawfully carrying under those conditions.

The next obvious question is if he would get away with breaking the law or not. This is a much different subject. In all probability, the police would never care and would not do anything. There is a chance that a neighbor might call, in which case the police might have to take some official action. That could be asking him to put the weapon away or it could be putting him away.

I would advise that it is never a good idea to be the test case on how far to push the law. Sometimes, it might be necessary, but it is not usually a good idea. I also advise keeping the firearm away from the grease and dirt of most mechanic work, if possible. It is not a good environment for a gun (though a 1911 can take it and still work ). I am no longer as thin as I once was, so I have trouble laying under a car with extra stuff on me, like a holster. I don't find it comfortable to twist around under the car with them on either. The OP is probably younger than me, more flexible, and more willing to put up with a lack of comfort, but I would recommend taking the weapon off and leaving it concealed in the car or toolbox. It can be kept nearby and quick to hand in case mom's neighborhood is not as good as it once was also.

[JJVP]

Like I said, we all open carry in OUR yards, I'm in a small town. If your mom gives you permission to carry there, my lay opinion is that you'd be legal having it open carried and holstered on her private property while working on your vehicle.

Penal Code
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
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

You forgot the rest:

(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a
motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or

Just because the motor vehicle is your property does not mean you can open carry in it.

[RPB]

Like I said, we all open carry in OUR yards, I'm in a small town. If your mom gives you permission to carry there, my lay opinion is that you'd be legal having it open carried and holstered on her private property while working on your vehicle.

Penal Code
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
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

You forgot the rest:

(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a
motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or

Just because the motor vehicle is your property does not mean you can open carry in it.

Not because the vehicle is his property, but if his mom who owns the Real Estate property (premesis) requests that he carry a gun and control her premesis while on her premesis ... Then I'd assume he is on a premesis under his control ...
He doesn't have to be IN a vehicle, nor even own the vehicle in this situation. But he would ALSO be en route to his vehicle to and from the toolbox in the garage, so I put that part too. The vehicle is also ON her premesis, and he could open carry in his vehicle, or outside a vehicle, on her premesis if the premesis was under his control.....

That's my layman's opinion, and what was said about being a test case above is a good point .... It would be fine in my neighborhood, I don't know about his, and probably not in Round Rock.
You can be arrested and jailed for what an officer THINKS is illegal, before you are released by a Magistrate or Judge later and try to get your license and gun back hopefully, because no law was broken, but your expensive lawyer hasn't proven it yet.

Also, as a practical matter, I personally wouldn't even subject a 1911 to grease and grime ... they cost too much lol

(a) A person commits an offense ...if the person is not:
(1) on the person's own premises or premises under the person's control

[JJVP]

Like I said, we all open carry in OUR yards, I'm in a small town. If your mom gives you permission to carry there, my lay opinion is that you'd be legal having it open carried and holstered on her private property while working on your vehicle.

Penal Code
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
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

You forgot the rest:

(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a
motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or

Just because the motor vehicle is your property does not mean you can open carry in it.

Not because the vehicle is his property, but if his mom who owns the Real Estate property (premesis) requests that he carry a gun and control her premesis while on her premesis ... Then I'd assume he is on a premesis under his control ...
He doesn't have to be IN a vehicle, nor even own the vehicle in this situation. But he would ALSO be en route to his vehicle to and from the toolbox in the garage, so I put that part too. The vehicle is also ON her premesis, and he could open carry in his vehicle, or outside a vehicle, on her premesis if the premesis was under his control.....

That's my layman's opinion, and what was said about being a test case above is a good point .... It would be fine in my neighborhood, I don't know about his, and probably not in Round Rock.
You can be arrested and jailed for what an officer THINKS is illegal, before you are released by a Magistrate or Judge later and try to get your license and gun back hopefully, because no law was broken, but your expensive lawyer hasn't proven it yet.

Also, as a practical matter, I personally wouldn't even subject a 1911 to grease and grime ... they cost too much lol

(a) A person commits an offense ...if the person is not:
(1) on the person's own premises or premises under the person's control

I agree that if the vehicle is in private property, then there is no problem. However, if he was driving on a public road and OC'ing he would be in violation of the law. Just because the vehicle was "his property" does not allow him to OC in the vehicle in a public road. It has to be concealed.