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Carrying at home in the yard ??

Posted: Thu Jun 07, 2007 3:05 pm
by gamboolman
When carrying at home around the house out in the yard working and what not - Do you have to have your CHL on your person? Or can it be in the house?

( I did attempt a search and could not find the answer )

Re: Carrying at home in the yard ??

Posted: Thu Jun 07, 2007 3:12 pm
by txinvestigator
gamboolman wrote:When carrying at home around the house out in the yard working and what not - Do you have to have your CHL on your person? Or can it be in the house?

( I did attempt a search and could not find the answer )
You need no CHL to carry on your own premises. That means you are not subject to ANY CHL rules or restrictions when carrying at home; including the requirment to carry concealed or carry your license.

An unlicensed person can open carry in their own yard.

Texas Penal Code

§46.02. Unlawful carrying weapons.

(a) A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun,
illegal knife, or club.

§46.15. Nonapplicability.


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


(2) is on the person's own premises or premises under the
person's control





Edit: IF you ARE carrying under the authority of your CHL, it must be on your person or within your immediate access.

A follow-up question

Posted: Thu Jun 07, 2007 4:47 pm
by stoneface
So, how does this work if you live in an apartment complex? We live in a townhouse that is connected to other units with basically a common yard in front and back. Is there any way I can carry in the yard, or am I just asking for trouble (this question assumes gun possession is not an issue with the lease, which it's not in my case)?

Re: A follow-up question

Posted: Thu Jun 07, 2007 4:58 pm
by frankie_the_yankee
stoneface wrote:So, how does this work if you live in an apartment complex? We live in a townhouse that is connected to other units with basically a common yard in front and back. Is there any way I can carry in the yard, or am I just asking for trouble (this question assumes gun possession is not an issue with the lease, which it's not in my case)?
Common areas are not considered as "under your control". This includes hallways, recreation rooms, swimming pools, open space, lawns, etc., and any other space where you do not have exclusive control over access.

So the only way you can carry in any of these places is concealed with a CHL.

Homeowners and/or people who rent single family houses can carry openly or concealed, with or without a CHL, anywhere on their property, no matter how small the lot is.

Re: A follow-up question

Posted: Thu Jun 07, 2007 5:37 pm
by txinvestigator
frankie_the_yankee wrote:
stoneface wrote:So, how does this work if you live in an apartment complex? We live in a townhouse that is connected to other units with basically a common yard in front and back. Is there any way I can carry in the yard, or am I just asking for trouble (this question assumes gun possession is not an issue with the lease, which it's not in my case)?
Common areas are not considered as "under your control". This includes hallways, recreation rooms, swimming pools, open space, lawns, etc., and any other space where you do not have exclusive control over access.

So the only way you can carry in any of these places is concealed with a CHL.

Homeowners and/or people who rent single family houses can carry openly or concealed, with or without a CHL, anywhere on their property, no matter how small the lot is.
What he ^^^^ said.

Posted: Thu Jun 07, 2007 6:38 pm
by Greybeard
Quote:

"carry in the yard, or am I just asking for trouble"

"openly or concealed, with or without a CHL, anywhere on their property, no matter how small the lot is."

Particularly this time of year - and especially this year with all of the rain - I spend a lot of time mowing and weedeatin' on a 1.5 acre lot at gun range. But, even then, the "always" gun is still generally concealed. In my not-so-humble opinion ;-) , I kinda prefer those who may come and go (or even those in the 5,000+ cars a day that pass by on the road) not knowing for sure. Most have no real "need" to know ...

Reminder: "If you go looking for trouble, you CAN find it."

Posted: Thu Jun 07, 2007 7:17 pm
by frankie_the_yankee
Greybeard wrote:Quote:

"carry in the yard, or am I just asking for trouble"

"openly or concealed, with or without a CHL, anywhere on their property, no matter how small the lot is."

Particularly this time of year - and especially this year with all of the rain - I spend a lot of time mowing and weedeatin' on a 1.5 acre lot at gun range. But, even then, the "always" gun is still generally concealed. In my not-so-humble opinion ;-) , I kinda prefer those who may come and go (or even those in the 5,000+ cars a day that pass by on the road) not knowing for sure. Most have no real "need" to know ...

Reminder: "If you go looking for trouble, you CAN find it."
I have a little 7.5 acre spread. I frequently carry openly when walking or working around the property. I'm certainly not looking for trouble. (If I have been, I've been doing a lousy job of it, since I haven't managed to find any in the last 57 years.)

I don't care if a neighbor or passerby sees it. They can think whatever they want to think, they can know whatever they want to know, and they can do whatever they want to do.

It's my property and I'll do as I please.

Posted: Thu Jun 07, 2007 7:37 pm
by gamboolman
Thanks !! I appreciate the quick responses !

When I am working around the house and place I will continue to be carrying concealed but not worried if it shows. Since I sweat so much and use my pockets for tools I will not bother with my wallet.

This means I can use my OWB holster for my G-26 and not be worried as it will be with a shirt over it. I just don't have to worry if it shows from time to time. I will attempt to keep it covered but sometimes when working and stretching around it shows.

Thanks, gamboolman...

Posted: Thu Jun 07, 2007 7:45 pm
by Greybeard
Yankee Quote: "It's my property and I'll do as I please."

Ain't it great, being "Texanized". ;-)

Posted: Thu Jun 07, 2007 8:34 pm
by frankie_the_yankee
Greybeard wrote:Yankee Quote: "It's my property and I'll do as I please."

Ain't it great, being "Texanized". ;-)
Yep. :grin:

Posted: Thu Jun 07, 2007 9:47 pm
by mr surveyor
and what about those of us that work in less than desireable places that may be infested with snakes and or ferral hogs.... some of us may carry "defensive weapons" OWB, on our clients property. Maybe with a couple of rounds of shot shells followed by 3 rounds of hard ball.

Funny thing is that there are a lot of us that have carried this way for many, many years (in the boonies) and never even thought about any legality issues.

But, I am NOT talking about me.... I don't really own a gun :roll:

Posted: Thu Jun 07, 2007 10:05 pm
by Greybeard
Quote: "with a couple of rounds of shot shells followed by 3 rounds of hard ball."

If I wuz on the jury, that sounds to me like a pretty lawful, old-fashioned "sporting purpose". :smile: Sometimes a man can find big trouble without particularly going looking for it ...

Yeah, open carry, especially for comfort and quicker access, makes plenty of sense out in the boonies.

Quote: "But, I am NOT talking about me.... I don't really own a gun"

I understand. But I knew a guy once who had specific "boonie" holsters for a 6" H&R .22, a 2" Smith, a 3" Ruger, some Glocks and a 7.5" SRH ...

Posted: Fri Jun 08, 2007 12:58 am
by maximus2161
So if you are in your front yard in the city....you can carry your handgun in the open...CHL or no? Or did I read that wrong?

Posted: Fri Jun 08, 2007 3:00 am
by frankie_the_yankee
maximus2161 wrote:So if you are in your front yard in the city....you can carry your handgun in the open...CHL or no? Or did I read that wrong?
You read it right.

Posted: Fri Jun 08, 2007 8:26 am
by stevie_d_64
Yeah, its getting to be that time of year again...

And yard work seems to pile up, dictating your presense outside to enjoy the sauna... :lol:

I live on a corner lot in a very busy subdivision...The front and back yards to me is a no brainer when it comes to keeping something under my direct control...

That side yard has alway been a bit of a stickler for me, as it is technically the city of Houston's responsibility...Its a combination of a right of way (the ROW does not end at the paved portion of the street, FYI) and it also has a utility easement that belongs to a private company...

So since I only basically mow that area, I have always err'd on the side of not being too visible with carrying on that side of the house...Albiet the traffic volume tends to race by at break-my-neck speed...I'm sure some namby pamby will call HPD, and I'd get a visit, and possible scorn for alarming the public...

So I just kinda weigh my options and practice good judgement when it comes to doing this on my own property...

The question you have to ask yourself is this...And not that ther is any special consideration or prejudice to someone who's job it is to protect and to serve...

Would a police officer that lives in a similar situation, carry openly on their person while doing yard work??? I'm sure some do, and some do not...

Not that any of this really matters...But thats just my opinion...

This is always a great topic to discuss anyway!