"Invited" Open Carry on Private Property

[mr surveyor]

I think the open carry, by the owner / legal occupant, on private property has been well covered. I am curious about a different situation. I will use my own locale and normal circumstances (as well as those of most of my running buddy's) as example:

My property is outside the corporate city limits of "small town" Texas, and I am having a "gathering" for something like a crawfish boil .... no wait, it's Fall, so a Dove grilling. All of the invited guests are "o.k.'d" to carry their hand gun of choice, OWB and uncovered. For what it's worth, the neighbors would not care, if they even noticed. Would any of my guests be in violation of any laws by doing this?

[Charles L. Cotton]

I think the open carry, by the owner / legal occupant, on private property has been well covered. I am curious about a different situation. I will use my own locale and normal circumstances (as well as those of most of my running buddy's) as example:

My property is outside the corporate city limits of "small town" Texas, and I am having a "gathering" for something like a crawfish boil .... no wait, it's Fall, so a Dove grilling. All of the invited guests are "o.k.'d" to carry their hand gun of choice, OWB and uncovered. For what it's worth, the neighbors would not care, if they even noticed. Would any of my guests be in violation of any laws by doing this?

Yes. A Dove grilling isn't an exception to the general prohibition in TPC §46.02. If your guests are not CHL's, then they would violate TPC §46.02. If they are CHL's, then they would violate TPC §46.035(a) by intentionally failing to conceal.

Chas.

[frankie_the_yankee]

Now if you invited them to engage in target shooting as part of the day's festivities I think they would be OK to carry openly, CHL or not.

[mr surveyor]

Thank you both! No arguments from me.

[Renegade]

TXI said it best, you cannot give them permission to carry, but you can give them control of your premises.

[RPBrown]

I think the open carry, by the owner / legal occupant, on private property has been well covered. I am curious about a different situation. I will use my own locale and normal circumstances (as well as those of most of my running buddy's) as example:

My property is outside the corporate city limits of "small town" Texas, and I am having a "gathering" for something like a crawfish boil .... no wait, it's Fall, so a Dove grilling. All of the invited guests are "o.k.'d" to carry their hand gun of choice, OWB and uncovered. For what it's worth, the neighbors would not care, if they even noticed. Would any of my guests be in violation of any laws by doing this?

Yes. A Dove grilling isn't an exception to the general prohibition in TPC §46.02. If your guests are not CHL's, then they would violate TPC §46.02. If they are CHL's, then they would violate TPC §46.035(a) by intentionally failing to conceal.

Chas.

Charles, although I agree with you, how do ranges that have IDPA get by with allowing open carry. Would this not fall under the same restrictions?

[Lucky45]

Charles, although I agree with you, how do ranges that have IDPA get by with allowing open carry. Would this not fall under the same restrictions?

No. It would fall under this law.

PC §46.15. NONAPPLICABILITY.
(7)(b) *[as added by Acts 2007, 80th Leg., R.S., HB 1815.] Section 46.02 (Unlawful Carrying Weapon) does not
apply to a person who:
(1) is in the actual discharge of official duties as a member of the
armed forces or state military forces as defined by Section 431.001,
Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity
on the immediate premises where the activity is conducted, or is en
route between the premises and the actor's residence or motor
vehicle, if the weapon is a type commonly used in the activity;

So you can carry open at any range.

[jrosto]

This is Texas.

BBQ is considered a "sporting activity" in Texas.

A proper BBQ rig is "commonly used in the activity". So as long as you are not carrying some plastic gun, you are good to go

(hopefully everyone realizes that this is as it should be, not as it is)

[casingpoint]

It just says traveling and does not specify the mode of conveyance, so the exception to applicability could apply to travel by, say, motorboat, bicycle, skateboard, or bipedal motion, right?

[KBCraig]

It just says traveling and does not specify the mode of conveyance, so the exception to applicability could apply to travel by, say, motorboat, bicycle, skateboard, or bipedal motion, right?

Reminds me of the (alleged) ruling by Roy Bean: "If he's standing still, he's not carrying. If he's moving, he's traveling. Dismissed!"

[Kalrog]

Reminds me of the (alleged) ruling by Roy Bean: "If he's standing still, he's not carrying. If he's moving, he's traveling. Dismissed!"

I like that!

[casingpoint]

Anyone have the link to the new official definition of traveling in Texas?

[Renegade]

Anyone have the link to the new official definition of traveling in Texas?

There isn't one.

It is still undefined in the Penal code. What they did was change the UCW to not include certain carrying by non CHLs as offense. Here is a link to the bill:

http://www.capitol.state.tx.us/BillLook ... ill=HB1815