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Thanks for the info. I'd say that guy got off lucky.

- Jim

ElGato wrote:

seamusTX wrote:

kanders wrote:... some idiot tries to pick a fight with you, ... and you raise your shirt just enough to show him your weapon ...

A CHL holder was arrested for doing just that in Kemah. I don't know how the case turned out.

- Jim

I was told they charged him with UNINTENTIONALLY DISPLAYING the weapon so the Judge threw it out, he still had to pay for the ride, and they know how to charge you now in Kemah.

They charge him for the ride? Wow, how much was that?

Always wonder what the cost is hand-cuffing someone and taking them for a ride and whatever else.

;).

So let's get back to the question that started this post.....

According to the information posted, one is 'legal' to carry on their property. That information was clear in my CHL class.

BUT........

If you carry in your front yard, and alarm a neighbor, you can be charged ? I'm confused. Could y'all help me out here ?

DaveT wrote:If you carry in your front yard, and alarm a neighbor, you can be charged ? I'm confused. Could y'all help me out here ?

If you encounter an officer who is sufficiently ignorant of the law, or who just doesn't care what the law says, you can be charged for almost anything.

But open carry of a holstered handgun, if not done "in a manner calculated to alarm" is perfectly legal on your own property (along with some other exceptions).

If you have neighbors who would be alarmed at the sight of you doing yard work or carrying in groceries with a pistol on your hip, they aren't very neighborly. Such fragile people can't be trusted, and should be avoided.

Kevin

KBCraig wrote: If you have neighbors who would be alarmed at the sight of you doing yard work or carrying in groceries with a pistol on your hip, they aren't very neighborly. Such fragile people can't be trusted, and should be avoided.

Kevin

My thoughts exactly.



However, as I rent an apartment, what is considered my property? I have a fenced in patio that is under my control(as is it part of the area of the apartment) - I feel comfortable carrying in the open there. What about the common area between the apartment of my neighbor and I(a small area for sure)? It is under the area which we care for, but the concept of controlling that area is fuzzy at best.

Guess I'm just looking for clarification. I'd hate to get popped cuz I am open carrying in the apartment and I walk out to get a toy the girls throw over the fence and my neighbor calls the cops on me.

cyphur wrote: However, as I rent an apartment, what is considered my property? I have a fenced in patio that is under my control(as is it part of the area of the apartment) - I feel comfortable carrying in the open there. What about the common area between the apartment of my neighbor and I(a small area for sure)? It is under the area which we care for, but the concept of controlling that area is fuzzy at best.

Guess I'm just looking for clarification. I'd hate to get popped cuz I am open carrying in the apartment and I walk out to get a toy the girls throw over the fence and my neighbor calls the cops on me.

A homeowner is just as likely to get into trouble by stepping into the street or into a neighbors unfenced yard chasing the ball while open carrying. Usually any area that is accessed by other tenets or property personell would be concidered common property. A fenced in porch or patio woiuld not be common

I have a solution?

Always carrry a 12 gauge

Just kidding.

Have a good day !

cyphur wrote:However, as I rent an apartment, what is considered my property?

Without any firm legal reference otherwise, I'd say it's the area from your front door to your fenced-in patio; in other words, the area that is exclusively under your control.

Here's a good guideline: if you can drink a beer there without "drinking in public", you're okay. The parking lot, sidewalk, your stairs, and path to your door are "public", and a no-go.

KBCraig wrote:

cyphur wrote:However, as I rent an apartment, what is considered my property?

Here's a good guideline: if you can drink a beer there without "drinking in public", you're okay. The parking lot, sidewalk, your stairs, and path to your door are "public", and a no-go.

Thats a good way to think of it!

Thanks for the answers

So I quess it comes down to a few simple facts.
If you are on your front lawn you are on private property and not a
public place.
If the weapon is securely holstered that would not likely cause an alarm or be construed as likely to do so.
If one of your neighbors is from up North and gets scared, calls the deputy out and he/she has no idea what the law is.
You could get arrested but I you would beat the case in court if the DA was dim enough to bring it front of a jury.
I would think it all hangs on what a reasonable person would feel constitutes causing an alarm.
Just my opinion IANAL

dirkmanchest wrote: If one of your neighbors is from up North and gets scared, calls the deputy out and he/she has no idea what the law is.
You could get arrested but I you would beat the case in court if the DA was dim enough to bring it front of a jury.
I would think it all hangs on what a reasonable person would feel constitutes causing an alarm.
Just my opinion IANAL

I sorta doubt where the neigbor comes from makes much difference.
Just my opinion.

seamusTX wrote:

kanders wrote:... some idiot tries to pick a fight with you, ... and you raise your shirt just enough to show him your weapon ...

A CHL holder was arrested for doing just that in Kemah. I don't know how the case turned out.

- Jim

When did that happen?

Roger Howard wrote:

seamusTX wrote:

kanders wrote:... some idiot tries to pick a fight with you, ... and you raise your shirt just enough to show him your weapon ...

A CHL holder was arrested for doing just that in Kemah. I don't know how the case turned out.

- Jim

When did that happen?

About a year ago, I still have the newspaper cliping but not the date.

I just filed it mentally and don't remember exactly when.

- Jim

dirkmanchest wrote:So I quess it comes down to a few simple facts.

I would think it all hangs on what a reasonable person would feel constitutes causing an alarm.

Is the "reasonable person" the one in the front yard carrying???

Or the hoplophobic neighbor???

If you or I were the "reasonable person", I would not be concerned or have to feel like my actions would cause alarm to my neighbors...

But I am not that kind of neighbor...I tend to not want to advertise at this particular juncture...Maybe sometime soon, I'll hang tight till I can walk outside the property lines before I do it in our current situation...

Sadly, outside of the next door neighbor, and the friends across the street, no one outside that circle that lives in my neck of the woods knows anything that goes on in my compound...