Can I carry on someone else's private property?

[centexrandy]

I am ofter on my clients property and sometimes inside their homes on a daily basis performing the work that I do. They wouldn't know that I was carrying...but am I required to get their permission?

[seamusTX]

No. Any private property that is not either off-limits by statutes (bars, schools, etc.) or 30.06 posted is good to go.

If you ask their permission, they are likely to and say No. In that case, you can no longer carry there.

BTW, this is true in Texas, but not everywhere. In Arkansas, when entering a residence, you must announce yourself and ask permission. There may be other states with such laws.

- Jim

[hirundo82]

BTW, this is true in Texas, but not everywhere. In Arkansas, when entering a residence, you must announce yourself and ask permission. There may be other states with such laws.

- Jim

I looked this up a few years ago and there are 3 or 4 states that I found that require express permission to carry in a residence. Alaska and South Carolina both do; I can't recall if there are others. [Edited to add] Louisiana is another state that requires resident permission.

There is no such law in Texas. Private residences are treated the same as any other private property--if you aren't given proper notice under §30.06, you're legal to carry.

[centexrandy]

Good to know!! Thank You!

[Rye956]

I thought for private property you have to ask permission or tell the owner that you are carrying?

[Beiruty]

I thought for private property you have to ask permission or tell the owner that you are carrying?

You may confusing yourself with open carry on private property of third party with their permission. The discussion is for concealed carry.

[bdickens]

I thought for private property you have to ask permission or tell the owner that you are carrying?

You may confusing yourself with open carry on private property of third party with their permission. The discussion is for concealed carry.

Not even. Texas law does not allow you to open carry on someone else's property, "permission" or not.

[Teamless]

Not even. Texas law does not allow you to open carry on someone else's property, "permission" or not.

I am not sure I understand this.

Go to "The Arms Room" in League City Texas. Every employee open carries there.

I have seen other locations like this, and it is "someone else's property"

[seamusTX]

Some Texas statutes are so crudely written that they are subject to the "everybody knows" exception, as in everybody knows that gun store employees can carry guns because gun stores are full of guns.

- Jim

[bdickens]

Doesn't make it legal.

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.

(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

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

http://www.statutes.legis.state.tx.us/D ... .htm#46.02" onclick="window.open(this.href);return false;

I don't see anything in there about permission from the owner.

[ScottDLS]

Doesn't make it legal.

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.

(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

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

http://www.statutes.legis.state.tx.us/D ... .htm#46.02" onclick="window.open(this.href);return false;

I don't see anything in there about permission from the owner.

Maybe when property owner grants permission, he says..."I am giving you permission to be in control of my property while you are there...". That's what I always say to people that I want to open carry on my property...

[Purplehood]

I understood (obviously without being able to quote a statute) that ANY business, not just a Firearms dealer could appoint one employee to open carry within the confines of the store.
I could be wrong.
Really.

[hirundo82]

I understood (obviously without being able to quote a statute) that ANY business, not just a Firearms dealer could appoint one employee to open carry within the confines of the store.
I could be wrong.
Really.

By the letter of the law, they have to be in control of the premises. The business owner could, and whoever is in charge in the owner's absence (eg shift manager) should be fine by the letter of the law.

In regards to all the employees open carrying in gun stores, I think it is more a matter of nobody caring about it.

[jester]

If you allow employees to carry guns for security reasons, it would be wise to have a working knowledge of the Texas laws on armed security.

[PappaGun]

I am ofter on my clients property and sometimes inside their homes on a daily basis performing the work that I do. They wouldn't know that I was carrying...but am I required to get their permission?

I am going to make some assumptions here which may or may not be accurate.

Is your name Randy and do you work for Centex?

IF this is the case, your employer has a no weapons policy and those consequences are probably pretty well detailed in said policy.

IF this is the case, I would change my screen name.