Open Carry at Business
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Open Carry at Business
I can I open carry at my work, inside and out...My boss has no problem with it...Plano Texas...I do not have a CHL... Im a new to the forum...
Re: Open Carry at Business
Welcome to the forum.1shooter wrote:I can I open carry at my work, inside and out...My boss has no problem with it...Plano Texas...I do not have a CHL... Im a new to the forum...
Are you in control of the property? Unless you are in control of the property, then you can't legally open carry on the premises or in the building.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Re: Open Carry at Business
Then educate me here - if I'm in my house, or on my farm, I can open carry and I can give one of my guns to a visitor and they can open carry. As long as we stay on private property and have the owner's permission, no licenses are required.
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Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
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Re: Open Carry at Business
Texas is strange.oohrah wrote:Then educate me here - if I'm in my house, or on my farm, I can open carry and I can give one of my guns to a visitor and they can open carry. As long as we stay on private property and have the owner's permission, no licenses are required.
Your visitors can't legally open carry on your property (at all) unless:
1) They're in control - leasing it or renting it.
2) You guys are hunting.
3) You're target shooting.
(those are the exclusions that I remember)
Basically, it's not possible to give another person permission to open carry a handgun on your property without one of the above cases.
In fact, I don't understand how you legally take a gun from your car into a buddies suburban home unless you have a CHL.
Business are different. It may be if you're in "control" of the business - IE represent the owner or somehow manage, that may be allowed...
Re: Open Carry at Business
Actually, no, can't give someone permission to open carry on your property. Here is the part of the law that pertains to carrying:oohrah wrote:Then educate me here - if I'm in my house, or on my farm, I can open carry and I can give one of my guns to a visitor and they can open carry. As long as we stay on private property and have the owner's permission, no licenses are required.
So, if you are not on your own premises or premises under your control, then you cannot carry a firearm without a license. If you do have a license, then the firearm must stay concealed if you are not on your premises or premises under your control.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...
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Re: Open Carry at Business
Wow, that's incredible! I bet this law is violated all the time in west Texas, just speculating. Thanks for the education.
USMC, Retired
Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
Re: Open Carry at Business
It comes down to the fact of who is going to report you? If you go to a buddies house and he doesn't care if you open carry where only he or his family can see you, then it is still illegal but they won't turn you in for it, so no one will know.oohrah wrote:Wow, that's incredible! I bet this law is violated all the time in west Texas, just speculating. Thanks for the education.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
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Re: Open Carry at Business
So when my son open-carries with his boss's approval in the gunstore owned by his boss—which deals with LOTS of LEOs, primarily Keller and Southlake—he's violating the law? Sure doesn't seem to bother the cops much.Keith B wrote:Actually, no, can't give someone permission to open carry on your property. Here is the part of the law that pertains to carrying:oohrah wrote:Then educate me here - if I'm in my house, or on my farm, I can open carry and I can give one of my guns to a visitor and they can open carry. As long as we stay on private property and have the owner's permission, no licenses are required.
So, if you are not on your own premises or premises under your control, then you cannot carry a firearm without a license. If you do have a license, then the firearm must stay concealed if you are not on your premises or premises under your control.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...
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Re: Open Carry at Business
OK, I just looked up PC 46 also. There are no exceptions for target practice or hunting. How can I go to a range and rent a gun for practice without a license? How can go to someone elses property and hunt? There has to be other exceptions 46.02, but I can't find them. Thanks for the help.
Last edited by oohrah on Fri Jul 19, 2013 7:58 pm, edited 1 time in total.
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Treating one variety of person as better or worse than others by accident of birth is morally indefensible.
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Re: Open Carry at Business
Just curious.....why couldn't I as a property owner say or give another control of said property.
Which brings up another question in my mind.........if wife and I are both on the property who is in control of the premises? (nevermind I really do know ther answer to that)
Which brings up another question in my mind.........if wife and I are both on the property who is in control of the premises? (nevermind I really do know ther answer to that)
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Re: Open Carry at Business
It is a gray area. The question comes down to how many people can be in control of the property at one time. There is no case law or AG opinion that I am aware of. So, you could argue that both people carrying were in control of the premises, but if that other person owned it and was there with you, then as a DA wanting to prosecute for an Unlawful Carry charge I would argue that the owner was actually the one in control and would override any control you really had.jocat54 wrote:Just curious.....why couldn't I as a property owner say or give another control of said property.
Which brings up another question in my mind.........if wife and I are both on the property who is in control of the premises? (nevermind I really do know ther answer to that)
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Re: Open Carry at Business
Even if the person carrying is a representative of the owner?.....Keith B wrote:It is a gray area. The question comes down to how many people can be in control of the property at one time. There is no case law or AG opinion that I am aware of. So, you could argue that both people carrying were in control of the premises, but if that other person owned it and was there with you, then as a DA wanting to prosecute for an Unlawful Carry charge I would argue that the owner was actually the one in control and would override any control you really had.jocat54 wrote:Just curious.....why couldn't I as a property owner say or give another control of said property.
Which brings up another question in my mind.........if wife and I are both on the property who is in control of the premises? (nevermind I really do know ther answer to that)
Re: Open Carry at Business
If you are a representative of the owner and are the one that is truly in control of the premises, then you meet the letter of the law. The issue is if the true owner and you are both there, then I would say they are really in control and you are not.Jason K wrote:Even if the person carrying is a representative of the owner?.....Keith B wrote:It is a gray area. The question comes down to how many people can be in control of the property at one time. There is no case law or AG opinion that I am aware of. So, you could argue that both people carrying were in control of the premises, but if that other person owned it and was there with you, then as a DA wanting to prosecute for an Unlawful Carry charge I would argue that the owner was actually the one in control and would override any control you really had.jocat54 wrote:Just curious.....why couldn't I as a property owner say or give another control of said property.
Which brings up another question in my mind.........if wife and I are both on the property who is in control of the premises? (nevermind I really do know ther answer to that)
So, personally, I would not want to be the test case on this one.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Re: Open Carry at Business
Interesting. Most of the sales associates at The Arms Room in League City open carry both in the store and on the range. Are you guys saying that they're all breaking the law by doing so?
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