Questions on working alone;ALONE ?

[TIN BENDER]

Have to turn to you folks for this one.I do not want to give my friend any compromised advice.
Friend wants to open a business machine shop in a leased building ,warehouse dist.
He will be working alone at night with the overhead door open.
He wants no SURPRISES to deal with without protection at hand. Can he carry open on his hip while in his facility. I recommended if he must, carry concealed. Must he obtain a CHL to do so in his place of business?
Pepper spray would be my first choice.
He is concerned being alone at night with machines running and an open door . So ; carry open ; carry concealed ; obtain CHL ?
Thanks to All.

[9mmGuy]

I would think it is HIS business/property. So HE has the right to defend it. Athough being least I wonder if the land lord has any say in that?

[txinvestigator]

The law in Texas that makes it a crime to carry a handgun on or about your person is Texas Penal Code section 46.01. It does not state open or concealed, loaded or not. Simply carrying a handgun on or about your person is illegal.

That said, section 46.15 of the Penal Code makes 46.02 non applicable to persons under specific situations. One of is for persons on their own premise OR premise under his control.

Regardless of any lease stipulation, your friend would not be in violation of TPC 46.02 to carry a handgun on or about his person while inside his own business, as it IS under his control.

Since 46.02 bans ALL modes of carry, 46.15 makes non-applicable ANY mode of carry; thus, making all modes of carry legal, unless the situation specifically states a required mode of carry. For example, the section of 46.15 that makes 46.02 non-applicable for CHL holders specifically states that the handgun must be concealed. The section for Security Guards specifically states that the weapon must be in plain view.

There is no such stipulation for your own premise or premise under your control.

He can legally carry openly or concealed at his business.


Relevant laws included for reference.

Texas Penal Code
§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.





§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 unless the person is an employee or agent of the
owner of the premises and the person's primary responsibility is to
act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision (5);

[Venus Pax]

To be on the safe side, get the CHL. However, is there any way he can avoid working alone? It seems unwise to work alone with doors wide open, whether one has a gun or not.

[seamusTX]

Friend wants to open a business machine shop in a leased building ,warehouse dist.
He will be working alone at night with the overhead door open.

Why does he need the door open? Ventilation?

If so, he can put a locked fence across the opening. I've seen these things. They look like the gate you put at the top of the stairs when you have babies in the house, but made of steel.

With loud machinery and concentrating on his work, someone could sneak up on him before he knew what was happening.

- Jim

[9mmGuy]

With loud machinery and concentrating on his work, someone could sneak up on him before he knew what was happening.

And take his pistol, if carrying open...

[TIN BENDER]

tx inves. Thank you. Numbers and letters were what I was looking for. Everyone else; THANK YOU !! Many great ideas were presented
tHANKX TO ALLLL.

[TIN BENDER]

9 MM That makes a lot of sense. You're THINKIN' NOW.
I appreciate your response.

[Liberty]

Your friend might wish to consider a CHL anyway, Makes it easier explaining transporting it if he should get stopped on the way home.

[TIN BENDER]

Liberty,
Thank you. Now another concern. What about transporting a weapon in your vehicle with no CHL ? Locked in the trunk? Under the seat ? Glove box? What does he do ? My guess is GET CERTIFIED and CONCEAL . What do you think?

[Greybeard]

While the gate thing sounds like a good idea, your friend might also want to look into a (Radio Shack or the like) motion sensor alarm. I had one in a warehouse years ago that ran off both 110v and 9v battery as backup - and had an option for a remote wired-in siren.

Two-legged varmints may not be the only problem. I was working alone around midnight remodeling another warehouse (with the overhead door open for ventilation) when I got an unwelcome surprise. Tow truck driver was dropping off a car in the parking lot and had a German Shepard that rode with him. And evidently it liked to go roaming when the driver was occupied.

The Land Shark came inside and became immediately very agressive where I was working from a 6' scaffold, the deck set at only about 2' off the floor. I did not have a handgun on me, but luckily the tool (a short crowbar) in hand at the time served a similar purpose. I threw it as hard as I could, nailing the dog in the side of the head and neck. That bought just enough time to jump down and have a 3' crowbar in hand when the tow truck driver arrived to break up the pending bloodshed. Live and learn ...

[Liberty]

Liberty,
Thank you. Now another concern. What about transporting a weapon in your vehicle with no CHL ? Locked in the trunk? Under the seat ? Glove box? What does he do ? My guess is GET CERTIFIED and CONCEAL . What do you think?

I'm not an expert here, but I think in the glove box is asking for trouble. Locked under the seat might be OK, in the trunk should be OK. My concern for your friend is that he working late at night. If He carries concealed in the shop, he doesn't have to remember to remove and lock up the gun when he goes home. He won't be apt to forget and leave it in the car overnight either.

[TIN BENDER]

Greybeard, Thank you. Another reason to know the CONDITION you are in at ALL times. OBTW , the location of the future warehouse is in DENTON CO. TEXAS. I am so glad I have particapated in the TExas CHL Forum. All of your posts will be submitted to a future CHL HOLDER tomorrow. Thanks to all.

[txinvestigator]

Liberty,
Thank you. Now another concern. What about transporting a weapon in your vehicle with no CHL ? Locked in the trunk? Under the seat ? Glove box? What does he do ? My guess is GET CERTIFIED and CONCEAL . What do you think?

Texas law also makes UCW (Unlawful carrying weapons, TPC 46.02) non-applicable if the person is traveling. Under 46.15, a person is presumed to be traveling if the person meets 5 requirements;

1) in a private motor vehicle
2) The handgun is concealed
3) The person is not a member of a criminal street gang
4) The person is not engaged in other criminal activity (other than traffic offenses, etc)
5) The person is not otherwise prohibited from being in possession of a firearm under federal law


If the person meets those 5, then the person is traveling.

However, obtaining a CHL is easy, and he will learn the Texas use of force laws, etc.

[Greybeard]

FWIW, the warehouses where I did lots of work in 1980s and 1990's are on Cowan and Kealy streets in north Lewisville. Posibble even a little rougher area now than back then.

And I've got CHL classes building for March 18 and April 22.