Carry on Property You Control

CHL discussions that do not fit into more specific topics

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GrillKing
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Carry on Property You Control

Post by GrillKing »

Looking for guidance here.

I know you can carry (open) on property you own or control. I've seen discussions about 'common'areas of apartment complexes not being under your control. How about a sporting (deer) lease? Is that considered under your control?

Let's say you are there outside any legal hunting season and are carrying your pistol, open carry, (must protect yourself from those vicious attack hogs if they come after you!!). Is that legal? It certainly would be concealed with CHL, but it's more comfortable OWB for a day in the woods hiking or fishing with the kids.

If this is legal, what are the implications with the game warden? I assume as long as you aren't carrying illegal game or sitting in a stand or otherwise obviously hunting, you should be OK??

I know this is a little off topic, but I guess it is still Concealed vs Open, hopefully that qualifies.

As a side note, this forum is great. I love it that everyone treats each other with respect, even when opinions differ. I've been watching other forums of late, most notably PDO, which is a great reference resource, but wow, if you want to get beat up, that's the place to go. Here it's honest, questions, honest answers, honest difference of opinion, but mostly we agree on the important stuff.

Thanks all!!

Gary
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Post by longtooth »

good job. I have promiced to stop & ask a Game Warden what they want us to do when they ask for our "Hunting Liscense." Tell them then we have CHL & are armed. :roll: He already knows that, just not about the pistol, or weight til they ask for DL. Will report my answer & in the mean time Charles, what say ye.???
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txinvestigator
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Post by txinvestigator »

longtooth wrote:good job. I have promiced to stop & ask a Game Warden what they want us to do when they ask for our "Hunting Liscense." Tell them then we have CHL & are armed. :roll: He already knows that, just not about the pistol, or weight til they ask for DL. Will report my answer & in the mean time Charles, what say ye.???
Game Wardens are Peace Officers, if he asks for your hunting license, he is asking you to Identify yourself and you are then required to show your CHL if you are carrying.


If the gun is not concealed, you are not under the CHL laws. I would imagine if you are on land owned by another and you are there under a payment agreement (lease), then you are in control of that land. I would want a signed agreement from the property owner, and I would carry that also.
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GrillKing
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Re: Carry on Property You Control

Post by GrillKing »

GrillKing wrote:If this is legal, what are the implications with the game warden? I assume as long as you aren't carrying illegal game or sitting in a stand or otherwise obviously hunting, you should be OK??
Clarification. It's a given to me that CHL disclosure applies for concealed carry. My question was in regards to open carry on the property. Is there anything about that scenario that would give the Game Warden concern, probably the most likely LEO you would encounter, as it relates to carry / hunting / etc., laws? In other words, I'm carrying open, on property I have permssion from the owner to carry, discharge firearms, hunt, fish, camp, etc., as long as it is legal and safe, the owner doesn't care. Does Texas law consider that to be under my control and open (comfortable) carry is allowed, or not under my control and only concealed (less comfortable) carry is allowed. The only people that would see open carry are myself, others that have leased the property (and are likely armed) and LEO.

Thanks,

Gary
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Post by longtooth »

tx, that is what I thought & that was to be my response until told differently. Thank you.
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KBCraig
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Post by KBCraig »

Just remember, it's always legal season for hogs and coyotes and other varmints. that covers you for "engaged in the activity of..."

Kevin
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Post by Charles L. Cotton »

Grillking:
If you're on someone's property with permission, then you probably are engaging in a sporting activity for which the handgun is commonly used; i.e. like hunting hogs as Kevin said, plinking, or even hiking and using the pistol for protection against snakes, etc.

If you are there under a lease as txinvestigator mentioned, then you at least have the "sporting activity" defense and possibly "under your control," but that would depend on whether your lease allows you to exclude other people from the property, or if you merely have written permission to be on the property, along with other people.

Regards,
Chas.
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Post by GrillKing »

Sounds like there wouldn't be a problem with open carry. I would want to do exactly what others have described: protection against snakes, plinking, hog hunting, etc.

The lease is one I've 'applied' to join. It's a year round 'sportsman's club' on 2500 acres. Only 31 member families (it's a family membership). It has year round hunting of whatever is in season / legal, with a club mandated restriction limiting waterfowl hunting during the week. I believe that members could act on the authority of the owners in enforcing club rules and excluding non-members who are not guests of members. It's really a great opportunity, lot's of small game, duck and some deer. It also allows ATV on the ATV trails and has bow hunting only area that looks to be about 500 acres. I won't know until the new club year starts in July whether we are in. There is an opening, but they are selective about membership. They want people who will participate in their work days, the adopt a highway days, etc., which I definately will do for this great opportunity. (Also has fishing!!). Ah, that super combo hunting / fishing license will hopefully be put to good use.

Just got back from the range with my youngest (13) son, but I'd much rather take the kids to 'the lease'!!! Especially this very family friendly one.

Gary
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