Question regarding public view on personal property
This is a discussion on Question regarding public view on personal property within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi, I have a question real quick and no real time to search, we are about to leave.
In Houston, Texas, If I have my ...
January 31st, 2009 06:44 PM
Question regarding public view on personal property
Hi, I have a question real quick and no real time to search, we are about to leave.
In Houston, Texas, If I have my firearm holstered and I am on my personal property and I walk out to get a newspaper. Is that illegal? I recently acquired my CHL and I was standing on my friends balcony that is facing a main road with my firearm exposed, its hot and I took off my cover shirt. As far as this place of residence is concerned, he is a very close friend and I have complete access to his house as if it was my own and he would vouch for me if there was ever an incident of self-defense on the premises.
It wasn't something I thought about till he was curious about the issue.
Sorry about forum placement, I wasn't sure where to put it. I figured since I didn't cover up my firearm on personal property it would count as open carry...Does this answer my own question?
Thanks for any insight.
January 31st, 2009 07:11 PM
There are thread already running on this subject but you are good to go.
Here is one http://www.defensivecarry.com/vbulle...break-law.html
January 31st, 2009 07:27 PM
Private property is private property...and if you have the owner's permission to be on said property with your weapon, then that's all you'd need I suspect. Again, check local/state laws, but I believe most don't even touch rights on private property. I can carry openly here on my property if I want to.
January 31st, 2009 10:09 PM
Depends on the newspaper. Sometimes the sidewalk and beyond technically isn't your property, even if you clean and cut the grass. So there might be a technicality there, but if its legal on your property, it doesn't matter if someone sees it. Don't be surprised if they try to call LE on you, though, but legally you are okay unless you are pointing it at someone.
Of course, I'm not familiar with TX law so YMMV.
February 1st, 2009 11:11 AM
If I carry in my yard, I am fine. If I drink in my yard I am fine. However, if I do either on my sidewalk, I am (technically) on city property - even though I have to maintain the sidewalk and barrier between it and the street. I doubt anything would be said either way
Originally Posted by paul34
but if someone really pushed the issue I would probably loose.
Indusrtrial Machine Tool Technician - Certified Refrigeration Technician - CET
NRA Life Member
February 5th, 2009 12:41 AM
Once again, sorry for the no search, was in a rush.
I'll look into that thread and a few others. I thought that was about right just wanted to be sure.
February 6th, 2009 01:34 AM
Dear Death by Cactus,
Be Afraid!!! .... Be Very Afraid!!! ...of local LEO's !!!
You live in Houston, Texas.... I live in Garland, Texas... both of us are worried about local LEO's...for a good reason!
Fact is...Legal in Texas to carry a gun openly, on your own property, holstered, unthreatening (keep it in your holster/not in your hand)!! If you leave your yard or your driveway, and go to your truck...it is still legal...you are "transporting". In Texas, even if you dont have a CHL... put it in your glove compartment...still legal.
So... here is the problem!! The Chief of Police and the District Attorney... they are politicians/NOT law enforcement officers...and they know how much money is coming into Texas from California... from displaced Cali's who do not like or agree with current Texas Gun Laws. Those immigrants from Cali will get on their phones, call 911, and scream with terror that... "THERE IS A WILD LOOKING COWBOY NEXTDOOR IN HIS YARD!!!!... AND HE IS CARRYING A GUN!!!...OH GOD, HELP ME...OH PLEASE HELP ME...OH DEAR...I JUST PISSED MYSELF!! I'M FROM CALIFORNIA, AND I AM NOT SUPPOSED TO HAVE WET PANTIES?? I'M FROM CALIFORNIA...I AM SPECIAL!!"... and so, the 911 dispatcher, who is just doing what she has been told to do, because she is not educated/experienced law enforcement...just doing what she is told... she will put out a status one call..."Man With Gun...Brandeshing in His Own Front Yard!!" (just to appease the California neighbors who want to change our gun laws!)
I live in Garland...Dallas County...I have been jacked over by local LEO's...neighbor filed false police report...I was supposedly... "Brandeshing a Weapon"...on my own property!?
You live in Houston...Harris County...You were jacked over by your former District Attorney (before he got his butt booted out of office for illegal/unethical doings). Recently, the State of Texas passed a new Gun Law...known as the "anti-hijacking" law... allowing any and all Texans to carry a gun in their glove compartment. Well...he did not agree with that law...and thinking that he was ABOVE THE LAW... he instructed the local LEO's to ..."disregard the new law, and continue to arrest anyone found with a gun in their car!!"
Well... the local LEO's... did as they were told, by the DA. Lawsuits followed. Millions of dollars paid out to citizens....DA was fired!!
Moral to the story... in Texas, local LEO's dont always enforce the law... most often they "interpret" the law. This is Texas. Things are a little wild and crazy, around here. What is LEGAL... won't necessarily keep you from having to take a trip to the hooscow, and having to spend thousands of dollars defending your constitutional rights...in a courtroom.
I am a native Texan... I love Texas... I love everything about Texas... I even have great respect for Texas LEO's... especially the Texas Rangers... but I am not an idiot... I know that law enforcement in Texas is more of an..."art form"...than it is...a legality!?
February 6th, 2009 08:16 AM
I would be cautious as well. Like being naked in your house, its your house and you can do what you want, as long as no one can see. But if the windows are open, or you walk outside, it might offend the nieghbors. So I might try to apply the same logic here.
February 6th, 2009 08:39 PM
...To all this, I must add that it depends upon what newspaper you're going out of your house to retrieve.
If it were The New York Times or the Washington Post, I'd arrest you on the spot for disturbing the peace.
Retired Leathersmith and Practical Shooter
"Qui desiderat pacem, pręparet bellum."
February 6th, 2009 09:34 PM
Good point here, property line placement
It is weird, but the first 10 feet of "my" property actually belong to the city. My driveway crosses city property. It isn't an easement. Technically, I'm land locked.
Originally Posted by paul34
So, a little care would be needed about how forward one would go while a weapon is exposed.
February 7th, 2009 07:46 PM
In most states, private property rights top any laws that restrict the carrying of guns. What this means is, you can carry openly or concealed on your own property with or with out a permit. Your property, your rules.
Make sure this applies to your state though.
March 2nd, 2009 04:22 PM
Find someone with actual legal background on any topic like this...like a lawyer with a Texas bar card. We can all speculate...but in the end, it's just speculation.
March 5th, 2009 02:06 PM
Open carry in Texas ia allowed 'on property you control'. You own a house, you are good to go in the yard, whatever. You rent an apartment, you are good to go inside your apartment. Once you step into the hallway, outside sidewalks, etc., you do not control that property so no open carry.
You do not control the property at your friends apartment. Even if he tells you you can OC on his balcony, the law stipulates otherwise because it is not property you control.
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