So, you can legally carry a hand gun exposed on your lawn?

GSchretter · Post by **GSchretter** » Tue Oct 03, 2006 8:33 am

I know you can walk around with a rifle/shotgun all day.

I was reading some other posts about people walking in the front yard with a hand gun strap to their side.

Is this really legal?

Thanks in advance for any insight.

Info on me:

CHL for about two years and love it. I carry all the time. Yes even mowning the yard.

Diode · Post by **Diode** » Tue Oct 03, 2006 8:36 am

Welcome GS, glad to have you aboard. Others will follow with answers to your question, as far as I know you can carry any way you choose on your own property.

fadlan12 · Post by **fadlan12** » Tue Oct 03, 2006 8:40 am

Not sure about legality, I would not for fear of "scaring the horses" and getting a 911 call police visit for brandishing.

My nieghbor (he and I are home owners) was cleaning his shotgun after dove hunting in his open garage and our new renter nieghbors were in their front yard and saw him, one yelled out "does he have to do that there?". I could imagine if he had a pistol on his hip.

Kalrog · Post by **Kalrog** » Tue Oct 03, 2006 9:18 am

fadlan12 wrote:My nieghbor (he and I are home owners) was cleaning his shotgun after dove hunting in his open garage and our new renter nieghbors were in their front yard and saw him, one yelled out "does he have to do that there?". I could imagine if he had a pistol on his hip.

My answer: No, but isn't it nice to be able to do so? And doing it in the garage keeps the sun off of my head. I could do it in the front yard if you would rather.

fadlan12 · Post by **fadlan12** » Tue Oct 03, 2006 9:36 am

Yes there was no hesitation, we just laughed about it. The neighbors sort of scattered when they saw him. My attitude is don't let anyone know what I have to possibly prevent being targeted for theft. His philosophy is he wants you to know what to expect if you do taget him.

longtooth · Post by **longtooth** » Tue Oct 03, 2006 9:40 am

Welcome aboard, GSchretter. Yes you can carry open on your own property. Home or business. That should have been covered in your class. Glad you are 24-7 carry.

txinvestigator · Post by **txinvestigator** » Tue Oct 03, 2006 9:46 am

There are no brandishing laws in Texas.

Texas prohibits the carry of handguns unless a person meets one of the non-applicability items in the Penal Code. Of course, one of those is if you have a CHL and follow those laws and conceal the weapon then the law prohibiting carrying a handgun does not apply.

Texas Penal Code
Â§46.02. Unlawful carrying weapons.

(a) A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun,
illegal knife, or club.

Â§46.15. Nonapplicability.

(b) Section 46.02 does not apply to a person who:

(2) is on the person's own premises or premises under the
person's control

Premise is not defined in 46.15 like it is in 46.03 and 46.035. since it is not, we use the normal meaning of the word. From Merriam Webster;

Main Entry: 1premÂ·ise
Variant(s): also preÂ·miss /'pre-m&s/
Function: noun
3 plural [from its being identified in the premises of the deed] a : a tract of land with the buildings thereon b : a building or part of a building usually with its appurtenances (as grounds)

Your only concern would be in the manner you carried the handgun.

Texas Penal Code
Â§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;

kanders · Post by **kanders** » Fri Oct 06, 2006 10:24 am

tx, you raise a question. Are you acting within the law if you are carrying concealed with a CHL, and some idiot tries to pick a fight with you, saying "You wanna step outside?" or something else tough and manly, and you raise your shirt just enough to show him your weapon and say "Thanks, but not a good idea."? Would that be considered 'calculating to alarm'?

Thanks,
Kevin

j1132s · Post by **j1132s** » Fri Oct 06, 2006 10:32 am

kanders wrote:tx, you raise a question. Are you acting within the law if you are carrying concealed with a CHL, and some idiot tries to pick a fight with you, saying "You wanna step outside?" or something else tough and manly, and you raise your shirt just enough to show him your weapon and say "Thanks, but not a good idea."? Would that be considered 'calculating to alarm'?

Thanks,
Kevin

From my chl class, that would be.
Also, don't do that, just stay inside and ignore him or call the cops.

seamusTX · Post by **seamusTX** » Fri Oct 06, 2006 12:23 pm

kanders wrote:... some idiot tries to pick a fight with you, ... and you raise your shirt just enough to show him your weapon ...

A CHL holder was arrested for doing just that in Kemah. I don't know how the case turned out.

- Jim

Piney · Post by **Piney** » Fri Oct 06, 2006 12:33 pm

kanders wrote:tx, you raise a question. Are you acting within the law if you are carrying concealed with a CHL, and some idiot tries to pick a fight with you, saying "You wanna step outside?" or something else tough and manly, and you raise your shirt just enough to show him your weapon and say "Thanks, but not a good idea."? Would that be considered 'calculating to alarm'?

Thanks,
Kevin

Greetings--

If I'm not mistaken, under the CHL statues, this could be considered "brandishing", and thus also a problem.

GSchretter · Post by **GSchretter** » Fri Oct 06, 2006 12:50 pm

Piney wrote:
kanders wrote:tx, you raise a question. Are you acting within the law if you are carrying concealed with a CHL, and some idiot tries to pick a fight with you, saying "You wanna step outside?" or something else tough and manly, and you raise your shirt just enough to show him your weapon and say "Thanks, but not a good idea."? Would that be considered 'calculating to alarm'?

Thanks,
Kevin
Greetings--

If I'm not mistaken, under the CHL statues, this could be considered "brandishing", and thus also a problem.

I think you are correct.

I think it depends on the arresting officer and the judge.

Just remember the words to say afterwards when the LEO is there: "I FELT MY LIFE WAS IN DANGER"

Remember they all carry recording device so anything you say might be used against you with the DA.

If you ever have to fire a gun, soon as that is over you are building you case to keep yourself out of jail.

Like running around and yelling did that hurt punk, or who is a bad boy now, is not a good thing.

Later have a great friday !!!

txinvestigator · Post by **txinvestigator** » Fri Oct 06, 2006 1:18 pm

Piney wrote:
kanders wrote:tx, you raise a question. Are you acting within the law if you are carrying concealed with a CHL, and some idiot tries to pick a fight with you, saying "You wanna step outside?" or something else tough and manly, and you raise your shirt just enough to show him your weapon and say "Thanks, but not a good idea."? Would that be considered 'calculating to alarm'?

Thanks,
Kevin
Greetings--

If I'm not mistaken, under the CHL statues, this could be considered "brandishing", and thus also a problem.

I'll say it again; There is no brandishing law in Texas. Raising your shirt and showing your gun could be an assault by threat, disorderly conduct, intentionally failing to conceal your handgun, and could give the other party a legal justifcation to use force against you.

And I will say this again, "if going for your gun is your only option to any threat of any type of force, you need to reconsider your options, get additional training or both.".

stevie_d_64 · Post by **stevie_d_64** » Fri Oct 06, 2006 1:18 pm

Piney wrote:
kanders wrote:tx, you raise a question. Are you acting within the law if you are carrying concealed with a CHL, and some idiot tries to pick a fight with you, saying "You wanna step outside?" or something else tough and manly, and you raise your shirt just enough to show him your weapon and say "Thanks, but not a good idea."? Would that be considered 'calculating to alarm'?

Thanks,
Kevin
Greetings--

If I'm not mistaken, under the CHL statues, this could be considered "brandishing", and thus also a problem.

Like Tx said:

Texas Penal Code
Â§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

-------------------------------------------------------------------------------------

I would consider the raising of a shirt tail, and displaying a weapon (gun) a clear illustration of the (actors) intent to use deadly force...

He sure isn't going to draw and pick his nose with it...

ElGato · Post by **ElGato** » Fri Oct 06, 2006 2:11 pm

seamusTX wrote:
kanders wrote:... some idiot tries to pick a fight with you, ... and you raise your shirt just enough to show him your weapon ...
A CHL holder was arrested for doing just that in Kemah. I don't know how the case turned out.

- Jim

I was told they charged him with UNINTENTIONALLY DISPLAYING the weapon so the Judge threw it out, he still had to pay for the ride, and they know how to charge you now in Kemah.