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Can a person carry firearms on their own property in TX?

mbogo470

Regular Member
Joined
Oct 31, 2011
Messages
86
Location
Nevada
It looks like you can carry concealed without a CHL, but not openly:


(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.
<Text of (a-1) effective until January 1, 2016>

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view;  or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm;  or

(C) a member of a criminal street gang, as defined by Section 71.01 .
<Text of (a-1) effective January 1, 2016>

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster;  or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm;  or

(C) a member of a criminal street gang, as defined by Section 71.01 .

(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent.  In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle.  The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
 

The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,966
Location
Waco, TX
Maybe I'm missing something but it looks to me like it says I can carry on my property, or property I'm in control of, in any way I choose. I don't see where it restricts me from OC in my yard.

TBG
 

mbogo470

Regular Member
Joined
Oct 31, 2011
Messages
86
Location
Nevada
It's this part, I am referring to:


'(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster;  or,,,'.


While the first part of 46.02 seems to grant permission to carry on your property (or premises you control). the part above makes it unlawful to carry openly if in motor vehicle (or watercraft) if you do not possess a CHL.


hey, when did you move from Henderson to TX?

mbogo
 

The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,966
Location
Waco, TX
You only asked about carry on your property, not in a vehicle. Yes you only may carry out of sight in your vehicle, but as far as I know there is no restriction to carry on your person on your own property. Overall it is sad that Texas is such a restrictive gun state.

I moved here a bit over a year ago.

TBG
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,032
Location
Cincinnati, Ohio, USA
You only asked about carry on your property, not in a vehicle. Yes you only may carry out of sight in your vehicle, but as far as I know there is no restriction to carry on your person on your own property. Overall it is sad that Texas is such a restrictive gun state.

I moved here a bit over a year ago.


TBG
Well, you may have made a mistake......
 

mbogo470

Regular Member
Joined
Oct 31, 2011
Messages
86
Location
Nevada
I was most curious about riding around the property on an ATV/UTV while armed.


I don't visit this board that often anymore because of the pop-up I get regarding my ad blocker. How do you like TX so far?


We've gotten so infested by Caltards, we;re looking at moving to TX ourselves.

mbogo
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,032
Location
Cincinnati, Ohio, USA
I was most curious about riding around the property on an ATV/UTV while armed.


I don't visit this board that often anymore because of the pop-up I get regarding my ad blocker. How do you like TX so far?


We've gotten so infested by Caltards, we;re looking at moving to TX ourselves.

mbogo
I would consider Wyoming or Arizona.
 

mbogo470

Regular Member
Joined
Oct 31, 2011
Messages
86
Location
Nevada
I have friends who live in Wyoming and have hunted and visited there many, many times. however, the winters are difficult.

Arizona has about the same climate as southern NV but they have income tax there, and game densities are low.

mbogo
 
Last edited:

The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,966
Location
Waco, TX
Like any state there are pros and cons to each. Texas has much to offer. However, it is difficult to carry a firearm here. You can get a permit to cc/oc but I would say most of the stores have signs that require you to disarm. They have lowered the cost of getting your permission slip this year, which is nice.

TBG
 

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
Concealed or 'open'. Or is a Texas CHL required?

mbogo
Let's put it this way, you can carry openly on your property in Texas with a permit to CC, but only if NOBODY sees you. :)

You can actually carry concealed on your property without a permit if you are riding around on your 4WD but are naked.

HTH
:uhoh::cool::eek:
 
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