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We are having a debate on another forum about carrying at your place of business WITHOUT a CHL. I've found the law that states an employee can only carry without a CHL when he is a licensed security guard (46.15.(b).(2)).

However, can you carry, concealed, at your place of business if you are the owner? I can't find any text allowing or specifically prohibiting it.

Thanks,
Jason

Yes. The relevant law is Penal Code 46.02, which makes it an offense to carry except on premises or in a vehicle that you own or control. If an action is not defined as an offense, it is legal.

PC 46.15 also specifically allows the manager of a place that is license to serve alcoholic beverages to carry.

- Jim

Here is the pertanent part of the UCW law that you are reffering to. You may in fact carry concealed or open carry on your own premises.

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if the person intentionally, knowingly, or
recklessly carries on or about his or her person a handgun, illegal
knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or

The definition of "Premises" in 46.02 is:

.(a-2) For purposes of this section, "premises" includes
real property and a recreational vehicle that is being used as
living quarters, regardless of whether that use is temporary or
permanent. In this subsection, "recreational vehicle" means a motor
vehicle primarily designed as temporary living quarters or a
vehicle that contains temporary living quarters and is designed to
be towed by a motor vehicle. The term includes a travel trailer,
camping trailer, truck camper, motor home, and horse trailer with
living quarters.

So, I guess the question is, under Texas law, what is "real property"? Does the "living quarters" clause apply to both or just the recreational vehicle?

Also, If PC 46.15 specifically allows a manager of a bar to carry, than that would lead me to believe that a manager of a non-bar would not be allowed to carry. What would be the point of specifically allowing one if both are allowed be default?

Real property means land and buildings.

IMHO, the living quarters clause applies only to recreational vehicles. Before 2005, it was illegal to carry a handgun, "illegal" knife, or club in a motor vehicle. The legislature in earlier times wanted to allow people to have weapons in their RV living quarters, but not in the cockpit.

The manager of a business that serves alcoholic beverages is specifically permitted to carry a weapon because 46.02 makes it a felony offense to carry a weapon in a place where alcoholic beverages are sold.

The exact language of PC §46.15(7) is

holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises.

I don't know the legislative history of this clause. Something must have happened that made it necessary. Texas law is a mess of conflicting amendments.

One could note that employees of gun stores and ranges frequently carry openly. They are never prosecuted (unless one shoots another, as has happened).

- Jim