On Your Own Property.

This is a discussion on On Your Own Property. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Does OC pertain to carrying on you're own property,like going to the mailbox..playing with the dog in the backyard,mowing the grass? In other words is ...

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Thread: On Your Own Property.

  1. #1
    Member Array kspilot536's Avatar
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    On Your Own Property.

    Does OC pertain to carrying on you're own property,like going to the mailbox..playing with the dog in the backyard,mowing the grass?
    In other words is it legal to carry on you're own property outside NO matter what.
    Im refering to OC carry on the hip.

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  3. #2
    Senior Member Array BkCo1's Avatar
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    Depends on where you live. Be more specific.

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    Distinguished Member Array Rugergirl's Avatar
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    On your own property, the same rules apply as any other private property. If the property owner Ok's it you're all good.
    You do OK carrying, open or concealed on your own property right?
    Disclaimer: The posts made by this member are only the members opinion, not a reflection on anyone else, nor the group, and should not be cause for anyone to get their undergarments wedged in an uncomfortable position.

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    Member Array psehorne's Avatar
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    Texas Penal Code 46.02 implies that concealed is not required on your own premises (which includes your yard). This applies to all citizens; it is not a part of the Concealed Handgun laws.

    On the other hand, Texas is not an open carry state, thus you might alarm your neighbors if you carry openly, even if on your own property. Brandishing, defined as open carry "in a way calculated to alarm", is prohibited; so it is important to make sure your actions are not likely to be viewed as "calculated to alarm".
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    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by psehorne View Post
    Texas Penal Code 46.02 implies that concealed is not required on your own premises (which includes your yard). This applies to all citizens; it is not a part of the Concealed Handgun laws.

    On the other hand, Texas is not an open carry state, thus you might alarm your neighbors if you carry openly, even if on your own property. Brandishing, defined as open carry "in a way calculated to alarm", is prohibited; so it is important to make sure your actions are not likely to be viewed as "calculated to alarm".
    But it would not be illegal in a non-OC state. At most you'd get a visit from law enforcement... leagally they could not ask you to cover up. Your property, yours rules. I think this applies everywhere.

    I know people who OC on their property in Maryland of all places.

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    Member Array roalho's Avatar
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    In CT, we're still required to have a permit to carry outdoors on our property. Indoors, it doesn't matter, IIRC.

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    Quote Originally Posted by psehorne View Post
    Brandishing, defined as open carry "in a way calculated to alarm", is prohibited; so it is important to make sure your actions are not likely to be viewed as "calculated to alarm".
    There is no "Brandishing" offense in Texas. The above reference is to PC42.01, Disorderly Conduct, (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm.

    PC42.01(8) refers to a public place, it does not apply to your private property and is not limited to a handgun. Carrying a handgun on your hip on your own property does not meet the definition of, "in a manner calculated to alarm".
    "Texas can make it without the United States, but the United States can't make it without Texas!".... Sam Houston

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    Distinguished Member Array tiwee's Avatar
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    Each state has this covered in law or regulation. In Missouri a city can regulate open carry, but not concealed carry.(I am not a lawyer.) Local laws and regulations concerning open carry will govern your situation.

    I always carry concealed and never tell. That might give me a tactical advantage some day. That is the great value of this forum. I can learn from the group without my small local community being aware of my interest. I even go to gun shops out of town, to help keep the talk down. I shoot at an unmanned conservation department range that is remotely located and deserted during the week. I only shoot pistols if I am alone. That is how important tactical advantage is to me. To my knowledge, the only people in town that know I carry are the police officers. I trust them not to talk about me with civilians.

    I freely talk home defense shotguns and different loads I make up for those. I also have a few rifles. So I am able to be part of the crowd at the coffee shop, but no one ever gets me to join a pistol discussion. When they want to sell or shoot pistols, I beg off. It doesn't take any effort to keep quiet about something.

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    Senior Member Array Rob P.'s Avatar
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    Each state is different. However, there was a recent decision here in California that says that private property which is not fenced/gated is not "private" for the purposes of carrying a loaded handgun because the public can still access the yard.

    This decision is about as ridiculous as you can get and still define private property as "private." In the end the ONLY rationale you should follow is to not get arrested/charged for a handgun offense. Even if it is plainly legal you will STILL go to jail because our legal system is corrupt.

    I say this as an attorney who practices civil and criminal law. I deal with this every day - judges & juries do not care what the law is. What they care about is that the prosecutor is bringing charges against you involving a gun and you are "scarey." You WILL BE convicted and you WILL go to jail and the appellate system will NOT reverse the decision in your favor.

    My 2 cents. Take it or leave it but I can back up what I am saying here.

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    Member Array kspilot536's Avatar
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    Here in Wichita they have an ordinance that there will be NO open carry,the state though allows OC.
    But what im getting at is the ordinance I think says that there shall be no OC in public ..my land is NOT public..is it?

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    Member Array kspilot536's Avatar
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    So..if I do not have my yard fenced or gated,that means the public who EVER they are can roam through my yard,play football on the 9000 dollar turf,set up volleyball nets and have a game,because it's not private until it's fenced?
    That ain't happening on my yard...I don't care what state it's in!

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    Ex Member Array Ram Rod's Avatar
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    Here it's legal for me to carry openly on my own property. That's not to say any passerby won't call the local gendarmes about your 'threatening manner' though. Silly actually.....but if you sit on your own front porch drinking a can of beer openly, then it might violate some silly ordinance. Out in the county, we can pretty much do what we want to within reason and have no problems.

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    Walking about on my own property may be legal, but in a sub you may alarm neighbors...on a few acres it wouldn't be much cause for alarm.
    Why stir the neighbors?
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    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by kspilot536 View Post
    Here in Wichita they have an ordinance that there will be NO open carry,the state though allows OC.
    But what im getting at is the ordinance I think says that there shall be no OC in public ..my land is NOT public..is it?
    Can you show us the exact text of the ordinance?

  16. #15
    Member Array kspilot536's Avatar
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    I not trying to "stir" the neighbors..I have good neighbors and have never had a problem..but sometimes I like to go outside to get my mail without having to take my gun off or put a jacket on every time I go outside for 5 minutes.
    I guess it's no big deal..but if my land is not private than it has to be considered public in which the city should be paying the taxes and up keep of it right?

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