Do you have to conceal outside your house?

RubenZ · Post by **RubenZ** » Wed Jul 11, 2007 8:41 am

I'm getting married this November. Fiance and I are moving into our home closer to November but I've been going over there a lot lately to do house work etc. The neighborhood is good and has great people but what I'm noticing is that since we're kind of outside the city a lot of Punks and GB'ers come and cruise around, sometimes they paintball houses etc.

Seeing all this made me realize that I may need to carry even while working in my own yard or watering the grass late in the evening.

My question is. Since I usually wear lose jeans and just a plain white t-shirt while out in the yard. Obviously its not the best concealment wear, but do you even have to be concealed well if your on your own Property? Could I even OC with a OWB holster?

If your wondering why I would post this n00b questions, its because I haven't taken the course yet. I'm just excited about getting my CHL that I can't wait to ask questions LOL. It take my course on the 21st of july.

seamusTX · Post by **seamusTX** » Wed Jul 11, 2007 8:47 am

You are not legally obligated to conceal on your own property, nor to have a CHL. It's your decision.

- Jim

T3hK1w1 · Post by **T3hK1w1** » Wed Jul 11, 2007 11:19 am

May I suggest you also aquire your own paintball gun?

Seriously though, if they paintball your house(or do something similar) it's not justification to use your weapon, and judging by some of the stories on this forum, they may not notice it even if you OC, so the deterrent value is questionable.

RubenZ · Post by **RubenZ** » Wed Jul 11, 2007 11:25 am

T3hK1w1 wrote:May I suggest you also aquire your own paintball gun?
Seriously though, if they paintball your house(or do something similar) it's not justification to use your weapon, and judging by some of the stories on this forum, they may not notice it even if you OC, so the deterrent value is questionable.

LOL. Nooo nooo I'm not going to shoot paintballers LOL. I put that info there so people could have an idea of what type of people roam the neighborhood at times.

And I'm sure that if I did do something to them, they would know where I live. So I'd be screwed LOL.

seamusTX · Post by **seamusTX** » Wed Jul 11, 2007 11:31 am

If you want to be strictly legal about it, shooting paintballs at a house is criminal mischief. You are justified in using deadly force to prevent criminal mischief in the night time.

I certainly don't recommend it.

- Jim

RubenZ · Post by **RubenZ** » Wed Jul 11, 2007 11:44 am

seamusTX wrote:If you want to be strictly legal about it, shooting paintballs at a house is criminal mischief. You are justified in using deadly force to prevent criminal mischief in the night time.

I certainly don't recommend it.

- Jim

I agree.

That would not look good in the news:

"Local Resident shoots Car full of Teens because they paintballed his house"

fadlan12 · Post by **fadlan12** » Wed Jul 11, 2007 12:05 pm

At the same time if they are shooting at you with the paintball gun, those things can cause serious damage to a person if hit in a critical area.

Mage34 · Post by **Mage34** » Wed Jul 11, 2007 12:44 pm

RubenZ wrote:
seamusTX wrote:If you want to be strictly legal about it, shooting paintballs at a house is criminal mischief. You are justified in using deadly force to prevent criminal mischief in the night time.

I certainly don't recommend it.

- Jim
I agree.

That would not look good in the news:

"Local Resident shoots Car full of Teens because they paintballed his house"

If it were a perfect world it would read:

"Local Redident shoots Car full of Teens because they were being stupid in a no stupid zone"

RubenZ · Post by **RubenZ** » Wed Jul 11, 2007 1:53 pm

fadlan12 wrote:At the same time if they are shooting at you with the paintball gun, those things can cause serious damage to a person if hit in a critical area.

That too is true?

My friend and I jacked up the Air pressure on a paintball gun once and shot at cement bags. I'm not lying, the impact did some serious damage. Especially if one was not wearing eye protection etc.

I mean, what if my fiance was by a window and glass shattered in her eyes etc.

txinvestigator · Post by **txinvestigator** » Wed Jul 11, 2007 5:44 pm

seamusTX wrote:If you want to be strictly legal about it, shooting paintballs at a house is criminal mischief. You are justified in using deadly force to prevent criminal mischief in the night time.

Not true at all!

The law actually reads that a person is justified to protect land or tangible, movable property if he would be justified in using force against the other under Section 9.41; and when and to the degree he reasonably believes the deadly force is immediately necessary to prevent the other's imminent commission of criminal mischief during the nighttime. In no way, shape or form is deadly force just given a blanket justification for any and all criminal mischief during the night.

All those words like "when and to the degree", "reasonably believes", and "immediately necessary," have significant meaning to the justification.

seamusTX · Post by **seamusTX** » Wed Jul 11, 2007 6:03 pm

txinvestigator wrote:All those words like "when and to the degree", "reasonably believes", and "immediately necessary," have significant meaning to the justification.

I'm sure you're right.

We've seen some dodgy shootings no-billed. I don't know whether it's the DAs or grand juries that take a permissive view of this aspect of the law.

- Jim

maximus2161 · Post by **maximus2161** » Fri Jul 13, 2007 12:39 am

RubenZ wrote:
seamusTX wrote:If you want to be strictly legal about it, shooting paintballs at a house is criminal mischief. You are justified in using deadly force to prevent criminal mischief in the night time.

I certainly don't recommend it.

- Jim
I agree.

That would not look good in the news:

"Local Resident shoots Car full of Teens because they paintballed his house"

Yup have to agree on that. Man wouldnt that be a mess.

Commander · Post by **Commander** » Fri Jul 13, 2007 4:23 am

Back to your original question - Seamus is correct, legally you can openly carry on your property; however, you'd probably draw attention from someone who would call the local LEOs and report "a man with a gun". I'd say keep it covered.

para driver · Post by **para driver** » Fri Jul 13, 2007 5:22 pm

seamusTX wrote:If you want to be strictly legal about it, shooting paintballs at a house is criminal mischief. You are justified in using deadly force to prevent criminal mischief in the night time.

I certainly don't recommend it.

- Jim

in that 1/2 second of decision, where you don't know if it's a paintball gun or the real thing... tough choice.. but if you shoot out the car window because you 'missed', then I guess they shouldn't have pointed a convincing 'weapon' at you should they????

or if circumstances permit, take their pants at gunpoint, and make their mother come to pick them up at your house? it's a bummer Esse'...

RubenZ · Post by **RubenZ** » Fri Jul 13, 2007 6:18 pm

Thats another good point. What If they shoot at my house with a paintball gun and all I hear is glass cracking etc. I can't take the time to tell if they are real guns or not before deciding.