On Your Own Property.

kspilot536 · October 27th, 2009, 01:31 PM

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.

BkCo1 · October 27th, 2009, 01:34 PM

Depends on where you live. Be more specific.

Semper Fi

Rugergirl · October 27th, 2009, 01:36 PM

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?

psehorne · October 27th, 2009, 01:46 PM

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".

Pro2A · October 27th, 2009, 02:01 PM

Quote:

Originally Posted by psehorne

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.

roalho · October 27th, 2009, 02:02 PM

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

TX-JB · October 27th, 2009, 02:41 PM

Quote:

Originally Posted by psehorne

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".

tiwee · October 27th, 2009, 03:20 PM

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.

Rob P. · October 27th, 2009, 04:48 PM

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.

kspilot536 · October 27th, 2009, 04:49 PM

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?

October 27th, 2009, 01:31 PM	#1
kspilot536 Member Join Date: Aug 2009 Location: Wichita,Kansas Posts: 71	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.

October 27th, 2009, 01:36 PM	#3
Rugergirl Senior Member Join Date: Jan 2009 Location: Michigan Posts: 1,193	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.

October 27th, 2009, 01:46 PM	#4
psehorne Member Join Date: Sep 2009 Location: Texas Posts: 25	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". __________________ Paul *Springfield XD(M) 9mm, Springfield XD Sub-compact 9mm, Kel Tec PF9* 09/16/2009: USPS Delivered CHL Application to TX DPS, 11:52 am, AUSTIN 09/23/2009: Check cleared my bank 10/09/2009: Received Pin # in the mail

October 27th, 2009, 03:20 PM	#8
tiwee Senior Member Join Date: Apr 2009 Location: Ozarks Posts: 1,028	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. __________________ Amendment 2 advocate - Trying to explain the obvious to the oblivious.

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

October 27th, 2009, 01:34 PM	#2
BkCo1 Member Join Date: Jun 2006 Location: Colorado Posts: 279	Depends on where you live. Be more specific. Semper Fi

October 27th, 2009, 02:02 PM	#6
roalho Member Join Date: Sep 2009 Location: CT Posts: 67	In CT, we're still required to have a permit to carry outdoors on our property. Indoors, it doesn't matter, IIRC.

October 27th, 2009, 04:48 PM	#9
Rob P. Member Join Date: Sep 2007 Location: In the sticks Posts: 393	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.

October 27th, 2009, 04:49 PM	#10
kspilot536 Member Join Date: Aug 2009 Location: Wichita,Kansas Posts: 71	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?