# Can I Carry On My Prop Sans CCW?



## Wyatt Earp (Feb 16, 2010)

Don't beat me up if this has come up before, I didn't see it in a casual perusal of threads...I'm new here, btw.

I'm in the process of getting my CCW permit but in the meantime, I'm in a cash-type business that might be subject to holdup, especially in this economy. Here in Texas can I carry a concealed weapon on my own business property, which is open to the public?


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## Bisley (Aug 24, 2008)

Probably, but you might want to talk to your local sheriff.

Strictly speaking, it's not in violation of the firearms laws of the state. But there are a lot of nuances to the 'creating a public disturbance' type laws. I know that if you live in town and open carry in your front yard, there are some technicalities that will allow the police to stop you from doing it.

I'm guessing that if you carry concealed on your own property, you would probably be OK, but don't take my word for it.


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## Todd (Jul 3, 2006)

Bisley said:


> Probably, but you might want to talk to your local sheriff.


+1! Call the LEOs and get the answer directly from them. Seeking legal advice on the internet is never a good idea; no matter how well-intentioned the answer is, it could be wrong. Then you've potentially gotten yourself in hot water when in the same time it took you to post the thread, you could have called the local PD and got the answer that mattered from the people that could arrest you.


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## Wyatt Earp (Feb 16, 2010)

Todd said:


> +1! Call the LEOs and get the answer directly from them. Seeking legal advice on the internet is never a good idea; no matter how well-intentioned the answer is, it could be wrong. Then you've potentially gotten yourself in hot water when in the same time it took you to post the thread, you could have called the local PD and got the answer that mattered from the people that could arrest you.


Local PD will give you their biased antiguns-in-the-hands-of-civilians "opinion," rather than telling you what the law allows. I'm not interested in their interpretation. After I find out what the law allows, I will let them know that I intend to follow it and if that's going to be an issue they need to research the law some more.

Allowing police officers to give you "legal advice" makes less sense than seeking legal advice on an internet forum.


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## Bisley (Aug 24, 2008)

Wyatt Earp said:


> Local PD will give you their biased antiguns-in-the-hands-of-civilians "opinion," rather than telling you what the law allows. I'm not interested in their interpretation. After I find out what the law allows, I will let them know that I intend to follow it and if that's going to be an issue they need to research the law some more.
> 
> Allowing police officers to give you "legal advice" makes less sense than seeking legal advice on an internet forum.


Don't ask the Chief of Police. Ask the Sheriff. He is an elected official, as opposed to some policeman hired from another police force, in another town.

The Sheriff will likely be a local guy who is 'in tune' with the will of the local populace. Many of them are pro CHL, especially in Texas...unless they decide you are a knucklehead.

Or just call a lawyer and pay him to give you his opinion, although he probably won't know, unless he has had to research a case about it. He will tell you something, though.


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## cougartex (Jan 2, 2010)

The specific law that you are looking for is PC §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…



This is in the Texas Concealed Handgun Laws (page 37) book given with the Texas CHL class.


:smt1099


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## Bisley (Aug 24, 2008)

Yes, but that is not the end of it.

If the police want to 'stick' you, there are other statutes that are not specifically 'gun laws' that can be used to prevent you from carrying openly on your own property. If you are mowing your front yard, in town, with a gun strapped on, many times, the police can cite you for creating a public disturbance, if a complaint has been lodged. I have read about several different possibilities, depending on locale, that can be used to circumvent your rights on your own property.

I don't want to look for it, but the Texas CHL forum *************************** has the info, if you want to hunt for it. There are Texas lawyers and policemen who contribute to the site, so there's plenty of info if you want to dig for it.


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## Todd (Jul 3, 2006)

Wyatt Earp said:


> Local PD will give you their biased antiguns-in-the-hands-of-civilians "opinion," rather than telling you what the law allows. *I'm not interested in their interpretation. After I find out what the law allows, I will let them know that I intend to follow it and if that's going to be an issue they need to research the law some more.*


That's good. Be sure to let us know how that works out for you. I love the sound of chest thumping in the morning. I am gun owner, hear me roar!



Wyatt Earp said:


> Allowing police officers to give you "legal advice" makes less sense than seeking legal advice on an internet forum.


And apparently wasting my time responding to your questions makes less sense than ignoring them.


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## Wyatt Earp (Feb 16, 2010)

Todd said:


> That's good. Be sure to let us know how that works out for you. I love the sound of chest thumping in the morning. I am gun owner, hear me roar!
> 
> And apparently wasting my time responding to your questions makes less sense than ignoring them.


You get what you get, Toddy. You answer a legitimate question with an egotistical smart...aleck answer and you get what you got. You want a little respect, try giving some.

I'm new here, so you'll pardon me if I didn't know you're some big shot who is irritated by newbie questions. If this forum has an ignore option, I suggest you put me on it so I don't bother you any more.

More to my point, the reality is that I have a great deal of respect for law enforcement - trained many of them myself. I'm also well aware that a fairly high percentage of LEOs do not want guns in the hands of civilians regardless of the law, and their answers to questions about carrying seem to often be tinged by their personal bias against civilians carrying guns. Surely you know this by now.

Maybe next time a question irritates you, you can just just try to scroll down to the next one, huh?


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## Todd (Jul 3, 2006)

Wyatt Earp said:


> You get what you get, Toddy. You answer a legitimate question with an egotistical smart...aleck answer and you get what you got. You want a little respect, try giving some.


Toddy? My friends and family don't even call me that, and you are certainly neither.

FWIW, my answer to call and not seek legal advice on the Internet is my standard answer for* anyone* asking a legal question here. I don't want anyone to get into trouble because of bad information.



Wyatt Earp said:


> I'm new here, so you'll pardon me if I didn't know you're some big shot who is irritated by newbie questions. If this forum has an ignore option, I suggest you put me on it so I don't bother you any more.


Oh believe me, this "big shot" isn't going to have to worry about any more of your posts irritating me. :buttkick:


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