It is, unless you are on your property.
This is a discussion on I thought OC was a no-no in Texas?? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I was in the mall the other day and spied a man OCing in the food court. I was mildly curious since I knew OC ...
I was in the mall the other day and spied a man OCing in the food court. I was mildly curious since I knew OC was illegal in Texas and struck up a convo. He was carrying a Kimber (didn't know the actual make) and I wasn't going to ask him to show me. Anyways, I asked what branch of LEO he was, assuming he had to be since he was OCing. he replied with none and said that he wasn't going to not carry just because he wasn't LEO and he was within his rights to be armed. I told him what I knew of the law and shrugged it off and propaganda.
What's the deal? I was sure OC was a no-no here...
It is, unless you are on your property.
No, we were in a mall. I doubt he was the owner of it. Though, I guess I can't judge by look alone.
I'm sure if he were the owner, he would have stated such to qualify his statement about OC'ing.
Yeah sounds pretty illegal to me. However, since he apparently wasn't harassed, it gives me hope for the future in that state, as far as changing that law goes...
TX puzzles me this way. if there's any state that exemplifies carrying a gun, in my mind, TX is it. i'm not the only one; whenever i'm confronted by someone about OC, they always say, "whatsamatter wit you? this ain't Texas!" i love it when i tell them the open carry is illegal in TX. they get confused, which is understandable.
If he were like most 'mall owners' I doubt that he'd be carrying anything...most (mall owners) seem to prefer unarmed .
As far as knowing the OC TX laws?...the police will explain it very clearly to him.
Certified Glock Armorer
NRA Life Member
It is illegal to OC or CC without a CHL. Had he been carrying a long gun he would have been perfectly within the law.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (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 that is owned by the person or under the person's control.
(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 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;
(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.
(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.
Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
Texas CHL Instructor
Texas Hunter Education Instructor
It's not legal, and I'm sure he'll be seen by the wrong person shortly. Most people probably just don't notice, and if they do, assume it's legal.
All that is necessary for the triumph of evil is that good men do nothing.
Good way to lose your gun and get a hefty fine/lawyer fees
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
Maybe he was lost. But Midland is a long way from any border. Remember it's only illegal if you get caught!
"Each worker carried his sword strapped to his side." Nehemiah 4:18
Guns Save Lives. Paramedics Save Lives. But...
Paramedics With Guns Scare People!
Either he was stupid to the point he shouldn't posses firearms or he was setting himself up to be a test case to challenge the OC ban.
It's Texas. Ya know, the land of oil millionaires who don't look like millionaires who can afford to bankroll a long expensive lawsuit. And, the recent Heller decisions and the upcoming McDonald decision could just set the stage for a big paycheck for a civil rights violation.
Personally, I have no idea WHY Texas thinks OC is wrong when you have to OC to hunt. And a lot of good ol' boys hunt in Texas.
Yes, but "most" hunting is done on private property....
If there are no dogs in Heaven, then when I die I want to go where they went.
Im a big fan of the .22LR for bear defense.
Just shoot the guy next to you in the knee and run like heck.