Why you can't give permission to carry a handgun on your property

[texas_teacher]

I still like the idea that we all OC shotties, AR's and AK's...

 

[TheDan]

I thought we were all on the same side and wanting to reduce or eliminate restrictions, not invent them!

I don't actually know the guy so I'm just assuming here, but I got the impression that Renegade was trying to point out the absurdity of the law as he understood it, in hopes that it can be overturned.

 

[West Texas]

I don't actually know the guy so I'm just assuming here, but I got the impression that Renegade was trying to point out the absurdity of the law as he understood it, in hopes that it can be overturned.

Nah, if that was the case we spent all this time and effort for nothing...

 

[Renegade]

I don't actually know the guy so I'm just assuming here, but I got the impression that Renegade was trying to point out the absurdity of the law as he understood it, in hopes that it can be overturned.

Correct 100%.

This is not the only absurd gun law that needs fixing, but I will forego mentioning anymore (OK just one - MPA allows carrying gun to the car, not from the car) out of fear of someone stroking out.

 

[TheDan]

Nah, if that was the case we spent all this time and effort for nothing...

Well, not really. I agree with you that most prosecutors and judges will see it how you described, but I almost guarantee that there will be a prosecutor and judge (probably here in Austin) that interpret it the same way Renegade did. That would be an expensive uphill battle, but at least there would be supporting case law after that.

Honestly, though I don't want to see case law on it. I'd rather see the law removed.

 

[Renegade]

I almost guarantee that there will be a prosecutor and judge (probably here in Austin) that interpret it the same way Renegade did.

I did not interpret the law, I quoted it exactly as it was written.

You are correct though about a prosecutor seeing it for what it is. We have been there, done that. After years of "what is traveling", the legislature in 2005 created the Motorist Protection Act. Unfortunately it was a sloppily written piece of crap, and the Harris County DA who was against the law, pointed to its problems and announced he was still going to prosecute folks for having a gun in the car. So in 2007 the legislature had to rewrite the law again.

 

[texas_teacher]

I did not interpret the law, I quoted it exactly as it was written.

You are correct though about a prosecutor seeing it for what it is. We have been there, done that. After years of "what is traveling", the legislature in 2005 created the Motorist Protection Act. Unfortunately it was a sloppily written piece of crap, and the Harris County DA who was against the law, pointed to its problems and announced he was still going to prosecute folks for having a gun in the car. So in 2007 the legislature had to rewrite the law again.

Some people just enjoy taking on the world with a stick in their arse...

 

[West Texas]

I did not interpret the law, I quoted it exactly as it was written.

You are correct though about a prosecutor seeing it for what it is. We have been there, done that. After years of "what is traveling", the legislature in 2005 created the Motorist Protection Act. Unfortunately it was a sloppily written piece of crap, and the Harris County DA who was against the law, pointed to its problems and announced he was still going to prosecute folks for having a gun in the car. So in 2007 the legislature had to rewrite the law again.

No, when you made the statement that an action was illegal and quoted the law exactly as it was written, you interpreted the law. And your interpretation was flawed, not that you will ever admit it.

Please let me know when you have graduated law school and passed the Bar.

 

[Renegade]

Please let me know when you have graduated law school and passed the Bar.

As soon as all those judges, DA's, and Texas Rangers you have mentioned post the Case Law.

When/Where did you graduate law school and pass the bar?

 

[txinvestigator]

No, when you made the statement that an action was illegal and quoted the law exactly as it was written, you interpreted the law. And your interpretation was flawed, not that you will ever admit it.

No, his interpretation is spot on.

Please let me know when you have graduated law school and passed the Bar.

I can say that I never took the bar, but I can read. Then, I don't read the law to support what I WANT, I read it for what it is.

 

[Texas1911]

I just read most of this thread and there is a glaring error in judgment. The term "Control" is a term to describe people that lease property. That is to say, the apartment manager is the person whom the premise is under the control of, not the tenant. At any time, the tenant can be evicted by the manager, that power is via the control of the premise. Just the same that at any time you may tell someone to leave your property, ie. trespassing. Ergo the property is always under control of the landowner.

The idea to lease the property to all attendees and make them controlling interests is solid from what I can tell. As would making the event a shooting event. The usage of sport is in spirit of the firearm, ie. you can't wear your 1911 to the Rodeo. It has to be something that is common use, like IDPA, training, etc.

 

[Bithabus]

No, when you made the statement that an action was illegal and quoted the law exactly as it was written, you interpreted the law. And your interpretation was flawed, not that you will ever admit it.

Please let me know when you have graduated law school and passed the Bar.

You claim this is a matter of property law, could you post the relevant statutes?

 

[Oldfalguy]

Its really quite simple- I'm actually shocked anyone would think otherwise-
carrying on private property is fine -just not in public- The law does not apply to private property- your home, your car, while hunting etc
These acts are all performed on private property (some may hunt in public lands but that is already covered)
Anyone you permit to come on your private property carry if you want them to do so- There is no violation of the law and your not going to
find any case law because no one is being charged with something this silly, much less bother to appeal it.
30 people can be in your house strapped and the police come over on a noise complaint it will be about the noise, nothing more.
And I agree all the laws passed during reconstruction should be repealed.Plus a few others- Like to see the Poll tax reinstated- sure cure everything

 

[Wolfwood]

It has to be something that is common use, like IDPA, training, etc.

hmmm.

how about practicing safe and open carry?

:-P

 

[txinvestigator]

Its really quite simple- I'm actually shocked anyone would think otherwise-
carrying on private property is fine -just not in public- The law does not apply to private property- your home, your car, while hunting etc

Of course it applies to private property. The carry of handguns is proscribed in penal code section 46.02. 46.02 specifically does not apply to YOUR OWN property or PROPERTY UNDER YOUR CONTROL, or your own motor vehicle or one under your control. If you are not in control of property, or do not own it, then carry there is unlawful UNLESS you meet an exception in 46.15(b). I had a surpriise birthday party for my wife Saturday night, and invited several people. Their mere presence here does not constitute "control" of my property, and ANY kind of carry on MY PRIVATE PROPERTY would have been unlawful, unless they met an exception. Being a guest on private property is NOT an exception. I am surprised anyone would think otherwise.

These acts are all performed on private property (some may hunt in public lands but that is already covered)

Those acts (YOUR home, YOUR car, while HUNTING) are all covered specifically under the law, and apply to YOUR property, not that of others.

Anyone you permit to come on your private property carry if you want them to do so-

Negative. As I already wrote, the law specifically proscribes that.

There is no violation of the law and your not going to
find any case law because no one is being charged with something this silly, much less bother to appeal it.

it does not matter if there is no case law OR conviction on this law. In fact it is still a law.

30 people can be in your house strapped and the police come over on a noise complaint it will be about the noise, nothing more.

Only of noise is the only violation they find. If they find evidence of a crime in plain view, like drugs or someone carrying a handgun openly who is not in control of the property, then an arrest can be made.

 

[Fisherman777]

Yup! That's why we need to get on the stick and change it. Might be hard but the best things are often difficult.

 

[okie556]

The defense to the charges is right here:

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

"Other sporting activity".....define that, please. I don't consider golf a sport - others do. I DO consider a gathering of gun enthusiasts a sporting activity - and the law is vague enough that no DA in their right mind is gonna "bust" an event like that.

Gathering of Gun Enthusiasts is definitely a "Sporting Activity" and let's not forget the party itself.............BBQing in Texas is a Sporting Event on it's own merit.

 

[jordanmills]

Easier fix is to call PD and ask to speak to someone on the matter. Then get their name, badge # and phone extention.

I did. He said it's against the law for me to OC in my own yard, but he wouldn't bother anyone who wasn't bothering someone else. He didn't want to hear otherwise.

 

[navyguy]

Only of noise is the only violation they find. If they find evidence of a crime in plain view, like drugs or someone carrying a handgun openly who is not in control of the property, then an arrest can be made.

So, if a friend comes over and I open my safe and show him a new pistol I acquired, and he handles it, he (or we) are technically breaking the law? if that's the case then that law is broken 100's of times each day.

 

[txinvestigator]

Gathering of Gun Enthusiasts is definitely a "Sporting Activity" and let's not forget the party itself.............BBQing in Texas is a Sporting Event on it's own merit.

I missed Rednecks's post, but a "gathering" of people is not a sporting activity. DA's don't "bust" anything, but any DA in his right mind would easily prosecute such a case and get a conviction.