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Jumping Frog wrote:Glad it was answered here because I wasn't going to try to quote from my phone over on OFCC.

I disagree with the above interpretation on some minor points.

First, there is no statutory requirement that the handgun cannot be on your person in a car. The only requirement is you cannot still have it on your person when you step out of the car. Some people recommend having it not on your person in case you are stopped by LEO and asked to step out of the car, and I understand how that simplifies the issue, but on your person in the car is not forbidden by statute.

Second, on their property, a private party cannot give you permission to break the law. Notice the statute uses the language "premises under the person's control"; it does not say "with permission". I recall a post on this subject by Mr. Cotton where he made this exact point and asked the question, "If you are in control of the premises, does that mean you can tell tell property owner to leave?"

A slightly different example, someone cannot host a poker party with six other people in his apartment and give all six people permission to carry on his premises. Seven people simultaneously "in control" of the premises is ridiculous.

All that said, if your parents-in-law have 270 acres, you could carry all day long and have virtually zero chance of arrest. If you are shooting at their range or en route to/from the range, or hunting, carrying is explicitly allowed.

If you are going to visit TX frequently before your Ohio CHL next renews after 2015, then I'd suggest spending the $50-odd bucks and get an AZ non-resident license. An Ohio license issued after March 23, 2015 should be recognized by Texas in January 2016. However, your existing license, issued before 3/23, will not be recognized because it did not meet the NICS requirements. Your renewal license (assuming renewal after 3/23/2015) will meet the NICS requirements.

(b) Section 46.02 does not apply to a person who:


(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, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;

The only requirement is you cannot still have it on your person when you step out of the car.

Sec. 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
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

Jumping Frog wrote:I disagree with the above interpretation on some minor points.

Second, on their property, a private party cannot give you permission to break the law. Notice the statute uses the language "premises under the person's control"; it does not say "with permission". I recall a post on this subject by Mr. Cotton where he made this exact point and asked the question, "If you are in control of the premises, does that mean you can tell tell property owner to leave?"

RPBrown wrote:

Jumping Frog wrote:Glad it was answered here because I wasn't going to try to quote from my phone over on OFCC.

I disagree with the above interpretation on some minor points.

First, there is no statutory requirement that the handgun cannot be on your person in a car. The only requirement is you cannot still have it on your person when you step out of the car. Some people recommend having it not on your person in case you are stopped by LEO and asked to step out of the car, and I understand how that simplifies the issue, but on your person in the car is not forbidden by statute.

Second, on their property, a private party cannot give you permission to break the law. Notice the statute uses the language "premises under the person's control"; it does not say "with permission". I recall a post on this subject by Mr. Cotton where he made this exact point and asked the question, "If you are in control of the premises, does that mean you can tell tell property owner to leave?"

A slightly different example, someone cannot host a poker party with six other people in his apartment and give all six people permission to carry on his premises. Seven people simultaneously "in control" of the premises is ridiculous.

All that said, if your parents-in-law have 270 acres, you could carry all day long and have virtually zero chance of arrest. If you are shooting at their range or en route to/from the range, or hunting, carrying is explicitly allowed.

If you are going to visit TX frequently before your Ohio CHL next renews after 2015, then I'd suggest spending the $50-odd bucks and get an AZ non-resident license. An Ohio license issued after March 23, 2015 should be recognized by Texas in January 2016. However, your existing license, issued before 3/23, will not be recognized because it did not meet the NICS requirements. Your renewal license (assuming renewal after 3/23/2015) will meet the NICS requirements.

Based on your comments, how do employees open carry at gun ranges? They are not all in control of the premises. Not saying you are right or wrong,just curious.

The End wrote:Ok, guys I need a little help. I'm a member of Ohio Carry Forums but thought I'd ask my questions here. I will be visiting my wife's dad and mom in Texas this month. I'm From Ohio and have a Ohio CHL. Every state on our route has reciprocity with Ohio, except Texas, so I have some questions. 1-Can a non-resident carry a loaded handgun in my vehicle on my person in Texas without a Texas CHL and if not, how do handguns need to be transported in a car? 2-Can I carry on my wife's parents property? It is private, away from town and they have like 270 acres. They don't care if I do or not but is it legal? They have a personal range set up where I can shoot on their land. If I can carry on their property can it be concealed or open carry? He also has 4 wheelers and Off-road vehicles. Can I carry on his property while driving those vehicles? Any help you could give me would be great. Thanks, Don

The End wrote: 1-Can a non-resident carry a loaded handgun in my vehicle on my person in Texas without a Texas CHL and if not, how do handguns need to be transported in a car?

The End wrote: 2-Can I carry on my wife's parents property? It is private, away from town and they have like 270 acres. They don't care if I do or not but is it legal?

The End wrote: If I can carry on their property can it be concealed or open carry?

The End wrote: He also has 4 wheelers and Off-road vehicles. Can I carry on his property while driving those vehicles?

The End wrote:Hey, guys. Thanks for all the responses. So just to be sure. From your replies it seams that carring in my car is ok as long as it's concealed.

Would this apply to a car in my wife's name that I'm driving?

Yes. "Under your control" is not defined, but if you're driving who would argue?

What about a rental car?

Yes. That's definitely "under your control" and you have paperwork to back it up.

Also if I'm on her parents property and I go down to his range to shoot can I open carry (since I'm using it for a sporting purpose)?

Yes.

Does this apply to carrying while fishing in one of his ponds? Thanks again guys, Don

Sure, as long it is the type of handgun normally used for fishing.

Scott B. wrote:After the recent changes in Ohio law, what's holding up reciprocity between our two states now?

The End wrote:Hey, guys. Thanks for all the responses. So just to be sure. From your replies it seams that carring in my car is ok as long as it's concealed. Would this apply to a car in my wife's name that I'm driving? What about a rental car? Also if I'm on her parents property and I go down to his range to shoot can I open carry (since I'm using it for a sporting purpose)? Does this apply to carrying while fishing in one of his ponds? Thanks again guys, Don