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  • F350-6

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    But, if there is a provision that allows you to carry on someone else's property simply on their permission, I'd love to read it.

    I guess I've got some reading to do. I can see where it's legal under 30.05 for a guest at apartments, condos, or leased premises, but if the guy actually owned the house, I haven't seen a reference to that yet.
     

    txinvestigator

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    I guess I've got some reading to do. I can see where it's legal under 30.05 for a guest at apartments, condos, or leased premises, but if the guy actually owned the house, I haven't seen a reference to that yet.
    What are you seeing in 30.05? Are you saying a guest at an apartment, condo or leased premises can carry a handgun without a LTC?

    30.05 makes no exceptions or non-applicability to 46.02.

    Go back to my original post about this.

    In Texas the carry of a handgun is unlawful unless on own premises or premise under your control (leaving vehicles out of the equation for now)

    The ONLY exceptions are in 46.15.

    Edit; the sections in 30.05 that refer to guests at apartments, condos, etc, refer to the fact that criminal trespass does not apply to carrying firearms, and protects renters and their guests from criminal trespass charges for carrying firearms.

    One can still be prosecuted for a violation of 46.02 if one does not have an LTC.
     
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    F350-6

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    What are you seeing in 30.05? Are you saying a guest at an apartment, condo or leased premises can carry a handgun without a LTC?

    30.05 makes no exceptions or non-applicability to 46.02.

    Go back to my original post about this.

    In Texas the carry of a handgun is unlawful unless on own premises or premise under your control (leaving vehicles out of the equation for now)

    The ONLY exceptions are in 46.15.

    Edit; the sections in 30.05 that refer to guests at apartments, condos, etc, refer to the fact that criminal trespass does not apply to carrying firearms, and protects renters and their guests from criminal trespass charges for carrying firearms.

    One can still be prosecuted for a violation of 46.02 if one does not have an LTC.

    You're right. I guess all of 30.05 deals with trespass, and that does deal with permission (consent), but not applicable here.

    What about 46.15 l 2

    (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun;
     

    toddnjoyce

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    You're right. I guess all of 30.05 deals with trespass, and that does deal with permission (consent), but not applicable here.

    What about 46.15 l 2

    (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun;

    If you’re talking about this section:

    (l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and (a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and (b)(6) do not apply to a person who carries a handgun if:
    (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code;
    (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun;
    (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and
    (4) the person is not prohibited by state or federal law from possessing a firearm

    All four conditions need to met since there is no ‘or’.

    IIRC, this part of what was won in the last legislative session regarding evacuees.
     

    txinvestigator

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    You're right. I guess all of 30.05 deals with trespass, and that does deal with permission (consent), but not applicable here.

    What about 46.15 l 2

    (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun;


    That sentence is part of this section

    (l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and (a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and (b)(6) do not apply to a person who carries a handgun if:

    (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code;

    (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun;

    (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and

    (4) the person is not prohibited by state or federal law from possessing a firearm.

    So if you are at an emergency shelter during a state of disaster, then the person in control of that shelter can authorize you to possess a handgun.
     
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