TexasCHLforum.com

I'm new here. Was referred to by a friend to ask my question about a recent incident.

Recently I had some trespassers on my property (AC guys for my neighbor) who never bothered to ask for permission to enter (my house has a wall and can only be entered via a single gate). I told these guys to get off the property and they said make us. They refused to leave so I called the cops. I should mention that the cops took well over an hour (Dallas). Anyways, I went back inside to get my wallet with my CHL and then to the car to get my handgun, which I then proceeded to conceal. At that time the guys did get off my property since they probably saw what I was getting.

When the cops came, one went to talk to the two guys, the other with me. Eventually I got a lecture by both cops that I did the wrong thing getting my gun (the two guys said they saw it while I was getting it out of the car). One cop even said he was going to write a report to DPS. Eventually the cops told the AC guys to get lost and told me to go inside. Nothing happened to anyone.

My question is this... is it legal for me to go to my car in my own driveway to get my gun when it can be seen by others?

Finally, what are some legal ways to get people off your property who refuse? This is the second time this has happened with the neighbor having people work on her house from my property. She never comes over, but they do.

You do not need to conceal your handgun on your own property, or property "under your control"

Legally, you were fine in retrieving your gun in open view.

I won't comment on weather it was the "right" thing to do (I'm sure there'll be plenty of discussion on that), only noting that the tresspassers got off your property, and everyone ended up safe.

Based on what you say, I don't see any reason for the police to have a reasoan to write DPS about the incident in regards to your CHL.

When they said "make us", I felt like there was potential for a problem. I am happy that nothing happened, very happy, but nothing worth betting my safety on.

I've written a letter to the neighbor giving them formal warning to stay off. A different AC guy came over today, but this time they asked for permission... which I granted.

Off topic, but I am curious why they need access to your property if there is a wall between yours and hers?

TexasJoe wrote: ...When the cops came, one went to talk to the two guys, the other with me. Eventually I got a lecture by both cops that I did the wrong thing getting my gun...

Are you thinking now that there might have beena better way to handle this?

Finally, what are some legal ways to get people off your property who refuse? This is the second time this has happened with the neighbor having people work on her house from my property. She never comes over, but they do.

Maybe it wouldn't be a bad idea to go meet your neighbor and have a FRIENDLY conversation with her. I doubt the service people really want to be on your property, and even if they have to be there, they aren't there to cause you any harm, are they?

Making friends with your neighbors, when possible, just makes life a whole lot easier in the long run.

In most areas on land lots in Texas there is a 5` easement on each side of the property line for non-building zone and ingress, egress work area kinda like a no-mans land. Not all lots have this but many do it is for things like this so people can work and move around the property with as little a restrictions as possible. Generally utility's will run in that easement like power lines and fences between property's.
I am not saying yours is that way but many are but still workers should make every effort to let you know they need in the area before they just go on it.

Being a good neighbor is generally the best policy for everyone and it sounds like you are as long as the workers do their part and ask!

The worker challenging you to make them get off would have caused me some alarm also so calling LEO was the correct thing to do.

There's an old saying (with a little addition from me), "Fences (with locks on the gates) make good neighbors." It ensures that someone must ask permission before entering your property.

I doubt the officer will actually "write a letter to DPS" as it would mean nothing. If he wants to cause you a problem, he has to submit an affidavit and the events you related are not grounds to suspend or revoke your CHL. If you are contacted by DPS, it will be a letter and you can either handle it yourself, or get an attorney involved. If you need one in Dallas, I can give you a name, but no reasonable officer would carry out his threat.

Chas.

Just a thought. You had words with the guys and told them to leave. They said make me, so you went and got a gun.

That could easily be taken as threatening. What were you going to do with the gun? You can't use Deadly Force to prevent trespassing.

You handled this poorly.

barres wrote:There's an old saying (with a little addition from me), "Fences (with locks on the gates) make good neighbors." It ensures that someone must ask permission before entering your property.

That reminds me (off topic) of my Dad who said the most valuable tool he owned was the lock on his tool box. Guess I left a wrench out in the yard, while working on a bike, one too many times

txinvestigator wrote:Just a thought. You had words with the guys and told them to leave. They said make me, so you went and got a gun.

That could easily be taken as threatening.

Trespassers (outnumbering you 2-1) refusing to leave and displaying a hostile attitude is a potentially threatening situation. Retrieving a means of self defense is not threatening, it's prudent.

Making a display of retrieving the gun could be threatening, but the trespassers obviously didn't feel threatened, since they didn't leave until the police told them to (an hour later).

txinvestigator wrote:Just a thought. You had words with the guys and told them to leave. They said make me, so you went and got a gun.

That could easily be taken as threatening. What were you going to do with the gun? You can't use Deadly Force to prevent trespassing.

You handled this poorly.

-1 to TXI
+1 to you

You handled it well. you saw the potential for a threat/confrontation and already had men on your property potentially illegally who were being belligerent. Retrieving your weapon to be armed in the event that it was actually needed was the right thing to do IMO.

It's not like you were waving it at them and what you did resolved the situation. In essence, you did "make them."

It's better to have it and not need it than to need it and not have it.

I would have done the same, but if the situation had allowed perhaps I would have gotten a shotgun and a refreshment and walked out on my back patio to watch the men at work. Nothing wrong with a little tea and a long gun.

30.06 and a waffle?
3030 and a crepe?
AK and a pancake?

txinvestigator wrote:Just a thought. You had words with the guys and told them to leave. They said make me, so you went and got a gun.

That could easily be taken as threatening. What were you going to do with the gun? You can't use Deadly Force to prevent trespassing.

You handled this poorly.

Poorly or not, I still needed to get my gun out the car. I wouldn't shoot anyone just for being on my property, but it's their words and tone that were threatening. There was also a time when they wouldn't let me get back in my gate.

After I got it, I put it on my person so they couldn't see it. After that, I went inside and waited for the cops.

I usually don't think of hard-working tradesmen in the yard as being particularly threatening. I would see it as simply a reminder that it's time to water the lawn.

Why are you leaving your gun in the car when you are at home? Also we were taught to deescalate a situation. IMHO