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Re: Open carry on your own property??

Posted: Fri Dec 30, 2011 10:54 am
by speedsix
...nope...he took issue with part of what I posted, after pulling it out of a paragraph which referenced it to the last part of the OPs questions
...then argued as if I were referring to open carry in general
...then he has a problem with my punctuation, which made my clearly stated question about his personal example hard to understand ( which has nothing to do with my post)
...so, rather than try to get through all that...I'm going to say that the OP probably understood what I was saying...and let it go... :mrgreen:

Re: Open carry on your own property??

Posted: Fri Dec 30, 2011 10:59 am
by jimlongley
Heartland Patriot wrote:Maybe I'm wrong here, but it seems that jimlongley and speedsix are arguing "beating the rap" vs. "beating the ride"...as in: "you can beat the rap, but you won't beat the ride". Just my two cents.
Exactly, but apparently we are supposed to understand that elipses between apparently independent statements are actually conjunctions. Oh well . . .

If I am carrying openly on my own property, no matter where I am carrying, unless I am being threatening and pointing the gun at people, common sense, and Texas law says I should be left alone.

Re: Open carry on your own property??

Posted: Fri Dec 30, 2011 4:02 pm
by bilgerat57
Some years back, I was brush-hogging a friends field as a favor. He lives in Houston so I was saving him a trip to the 'boonies'. As usual I had a 1911 on my hip. Part of the field was next to a FM road and while cutting down this part, the tractor got a little overheated so I stopped for a bit to let it cool. I'm only about 15 feet from the road. Just enjoying a cold soda on a warm day. Along comes a Sherrif's dept car and he pulls over. Walking up to me, we chat for a few minutes. How ya doing? Nice day, etc.... He asks me if I'm anticipating any trouble while looking at my hip. I told him "That's just in case of snakes. It's loaded with shotshells." He just grins and says, "You know snakes don't have legs, right?" I laughed and agreed with him. He says OK, see you later. Off he went with a wave and a smile....... Tecnically speaking, I'm in the easement and you could argue in public. The Deputy used a bit of sense, a little humor, and his own observation of the conditions to assure himself of the situation and my intentions. Now if I had been on a riding lawnmower in a housing development in Dallas or Houston, I expect the result would have been different..... :txflag: It all comes down to perspective.......

Re: Open carry on your own property??

Posted: Fri Dec 30, 2011 6:26 pm
by Ameer
jimlongley wrote:Exactly, but apparently we are supposed to understand that elipses between apparently independent statements are actually conjunctions. Oh well . . .
what....................................................................................................................................................is...................................................................................................................................................the...................................................................................................................................................problem...................................................................................................................................................it...................................................................................................................................................looks...................................................................................................................................................perfectly...................................................................................................................................................legible....................................................................................................................................................to...................................................................................................................................................me....................................................................................................................................................no...................................................................................................................................................confusion...................................................................................................................................................at..............................................................................all.

Re: Open carry on your own property??

Posted: Sat Dec 31, 2011 12:11 am
by Heartland Patriot
I'll only say two more things on this one and then I'll move on to other topics. One, I use the ... to act as pauses, as if I were conversating with someone. I wouldn't use them in formal written communication. That is how I do it, right or wrong. Second, I'll add this: I tried. ;-)

Re: Open carry on your own property??

Posted: Mon Dec 31, 2012 11:12 am
by lonestartools
So I apologize if this is redundant, I could not find a previous post. As TX PC 46.02 is silent on carrying long guns, is is a safe bet that it is not illegal to carry a long gun in your vehicle while it is not concealed? I can find nothing in the law that specifically addresses this...

Re: Open carry on your own property??

Posted: Mon Dec 31, 2012 12:19 pm
by E.Marquez
lonestartools wrote:So I apologize if this is redundant, I could not find a previous post. As TX PC 46.02 is silent on carrying long guns, is is a safe bet that it is not illegal to carry a long gun in your vehicle while it is not concealed? I can find nothing in the law that specifically addresses this...
As I understand it... that’s because there is no law the speaks to that issue.. IOW, what is not defined as illegal, is legal.

If your publically visible long gun on your cars back seat causes a panic, and MWG call... I'd bet one or more other laws can be cited to cause you discomfort. Like say...
PENAL CODE

TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

Re: Open carry on your own property??

Posted: Mon Dec 31, 2012 12:25 pm
by JALLEN
Keith B wrote:
Oliver Kloezov wrote:Common sense says that shotguns are more deadly than handguns.
What makes you say that? I don't see that as true at all.

Maybe it's just me, but I don't see that he said that.

Moreover, look at this:

http://ammo.ar15.com/project/Self_Defen ... bineWP.jpg

Maybe I am misunderestimating this, but it looks to me like penetration is about even, except there are 9 or 15 or so of them, all about .30 caliber.

Re: Open carry on your own property??

Posted: Mon Dec 31, 2012 12:36 pm
by E.Marquez
jimlongley wrote:
Heartland Patriot wrote:Maybe I'm wrong here, but it seems that jimlongley and speedsix are arguing "beating the rap" vs. "beating the ride"...as in: "you can beat the rap, but you won't beat the ride". Just my two cents.
Exactly, but apparently we are supposed to understand that elipses between apparently independent statements are actually conjunctions. Oh well . . .

If I am carrying openly on my own property, no matter where I am carrying, unless I am being threatening and pointing the gun at people, common sense, and Texas law says I should be left alone.
common sense yes, but Texas law says no such thing.. More so, it places the litmus test in the hands of the sheep, not the sheep dog.
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

Sec. 42.01. DISORDERLY CONDUCT.
Para 8
displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
As it has been upheld (I do not have a cite on hand, but read several cases when this topic came up previously)... parts of your land, visible to the public, can and has been upheld to be considered a "public place" for things related to Disorderly Conduct.

On the back forty AC of your property... not a big deal... Walking the fence line along the public road,,, standing in your drive way in full view of public... if a sheep next door or driving by is alarmed.... you may have a charge you'll need to defend yourself from.

I don’t agree with it, don’t like it…. But that does not change what is.

Re: Open carry on your own property??

Posted: Mon Dec 31, 2012 1:56 pm
by VMI77
Where I am out in the country I hear people shooting just about every day. I am not the least concerned that anyone seeing me armed will be alarmed or report it.

Re: Open carry on your own property??

Posted: Mon Dec 31, 2012 3:34 pm
by E.Marquez
VMI77 wrote:Where I am out in the country I hear people shooting just about every day. I am not the least concerned that anyone seeing me armed will be alarmed or report it.
Same with me,,, in fact folks are shooting at the next house over right now.. and with the wet .. misty weather,,, it sounds like it's at my back door :biggrinjester:

But I think we are the exception. I think many folks have to be concerned with what the public at large can see, as many of the sheep are easily alarmed.. and that after all IS what will cause the issue.. Not that you did something wrong, unsafe, but that a sheep perceived something you did and was alarmed…. Facts and reality have nothing to do with it, until you, your lawyer, and a judge are involved..

Or better a responding LEO can dig in , see the common sense solution and set the MWAG caller straight before it gets to that point.

Re: Open carry on your own property??

Posted: Mon Dec 31, 2012 5:23 pm
by VMI77
E.Marquez wrote:
VMI77 wrote:Where I am out in the country I hear people shooting just about every day. I am not the least concerned that anyone seeing me armed will be alarmed or report it.
Same with me,,, in fact folks are shooting at the next house over right now.. and with the wet .. misty weather,,, it sounds like it's at my back door :biggrinjester:

But I think we are the exception. I think many folks have to be concerned with what the public at large can see, as many of the sheep are easily alarmed.. and that after all IS what will cause the issue.. Not that you did something wrong, unsafe, but that a sheep perceived something you did and was alarmed…. Facts and reality have nothing to do with it, until you, your lawyer, and a judge are involved..

Or better a responding LEO can dig in , see the common sense solution and set the MWAG caller straight before it gets to that point.

Oh, I agree....at our place in town I don't open carry for that reason. Quite a departure from when I was in high school.....back then I walked around our residential neighborhood with rifles and shotguns all the time and no one even raised an eyebrow (including an evil AR15). I wouldn't do it now. I saw a guy a couple weeks ago walking into Academy with a rifle. It was to have a scope fitted and zeroed, but he was carrying it in the open. I wasn't alarmed, but could see him getting looks from others in the parking lot. I would have had it in a case myself, so the sheep wouldn't get alarmed.

Re: Open carry on your own property??

Posted: Tue Jan 01, 2013 12:12 am
by rdcrags
[quoteAs it has been upheld (I do not have a cite on hand, but read several cases when this topic came up previously)... parts of your land, visible to the public, can and has been upheld to be considered a "public place" for things related to Disorderly Conduct.][/quote]
I believe this has been pointed out several times on this forum, And I for one am always going to act accordingly.

Re: Open carry on your own property??

Posted: Tue Jan 01, 2013 2:16 pm
by Lambda Force
Well that was an interesting bump after a year and a day.