Private Property Open Carry Question

[Rex B]

Employees can carry with the permission of the person who controls the property.

Per S. Rothstein's dissertation quoted above, if I'm in my yard I always carry. Usually it's concealed, but I don't take great pains to do so.
For that matter, I'm in an unincorporated area, so I've been know to shoot a .22 in the unfenced backyard.

[jordanmills]

Previous thread: http://www.texaschlforum.com/viewtopic.php?f=23&t=31053" onclick="window.open(this.href);return false;

But there are always other laws to worry about. Without regard to ownership of the property, it is illegal to display a weapon in a public place in a manner calculated to alarm. This is in the Disorderly Conduct statutes (PC 42.01). The first important part to note here is the public place. As I showed above, your front yard is very probably legally a public place. This is what the officer you spoke with was referring to. The other half of this is "in a manner calculated to alarm". There is a lot of debate on what that phrase means. I take the position that calculated means that I planned it. Others take the meaning that it is solely dependent on the victim's mental response. Apparently the officer you spoke with is in the second group. If this is the correct interpretation, then if anyone saw your weapon, whether concealed or open, and was frightened by it, you could be charged with disorderly conduct.

Thus, you can be charged with violating a law for carrying your gun in your own front yard. This is a class B misdemeanor, btw. Thus it is a little less than unlawfully carrying and why the difference in law exists.

The way this was explained to me was that they have to prove that you calculated your actions to alarm. Otherwise, the law would just say "in an alarming manner".

[SwimFan85]

The way this was explained to me was that they have to prove that you calculated your actions to alarm. Otherwise, the law would just say "in an alarming manner".

So they have to prove intent like intentional failure to conceal?

[CWOOD]

Previous thread: http://www.texaschlforum.com/viewtopic.php?f=23&t=31053" onclick="window.open(this.href);return false;

But there are always other laws to worry about. Without regard to ownership of the property, it is illegal to display a weapon in a public place in a manner calculated to alarm. This is in the Disorderly Conduct statutes (PC 42.01). The first important part to note here is the public place. As I showed above, your front yard is very probably legally a public place. This is what the officer you spoke with was referring to. The other half of this is "in a manner calculated to alarm". There is a lot of debate on what that phrase means. I take the position that calculated means that I planned it. Others take the meaning that it is solely dependent on the victim's mental response. Apparently the officer you spoke with is in the second group. If this is the correct interpretation, then if anyone saw your weapon, whether concealed or open, and was frightened by it, you could be charged with disorderly conduct.

Thus, you can be charged with violating a law for carrying your gun in your own front yard. This is a class B misdemeanor, btw. Thus it is a little less than unlawfully carrying and why the difference in law exists.

The way this was explained to me was that they have to prove that you calculated your actions to alarm. Otherwise, the law would just say "in an alarming manner".

You will note that Steve Rothstein said you could be "charged". He didn't offer an opinion as to whether or not you will be convicted. This gets into the old"beat the rap but not the ride" issue. You could be arrested and charged by overly aggressive LEO and DA for openly carrying in your front yard if someone were offended or frightened. Whether they could prove your intent or calculation is another matter which partly depends or your choice of attorney as well as the local jury pool.

There is much in the law that has yet to be nailed down in regard to firearms and CHL's generally. Often there is no precedent because, on the whole, we as a group are so danged law-abiding that the cases just do not come up that often. Frankly, I have a wish that we keep it that way because in a worse case scenerio, we might be granted a bit of leeway if there is no case law.