HOME NON-CONCEALED FIREARMS???s

[Still 2 Many Choices!?]

Guys that live in Texas(concealed licensed or not), do you know if it is legal to carry an exposed firearm(holstered), while about on your own neighborhood property(meaning: front yard to the street, no more)? Like while cutting the grass, or sitting in the front yard, or playing a game of chess on the front lawn? Why you might ask? Just because this is AMERICA, and I don't think it should be considered ,"brandishing", if you have a safe, and holstered weapon visible while going about your daily dutys. If you leave the property, for whatever reason, I think you should have to conceal the weapon, and use your license, but at home I am kinda wonderin'.
I sometimes carrry an exposed firearm at home, would it be a crime of some sort to step outside to take the trash out with said firearm open carried???
Let me say this, NOT BRANDISHING said firearm, as in raising it or using it to incite panic or fear, but leaving it readily available as most firearms are....
I know it would be just easier to use my concealed license, and cover the weapon, but would like to know if open carry on your own property is legal, then why not do it. Rock the anti world, and bring more(hopefully positive news coverage) to the people that know it is not the (licensed)man at home taking out his trash with an exposed pistol, that is likely to want to rob a bank or anything else.Looking forward to your opinions and extensions of what I have started .

Still 2 Many Choices!?

 

[ProficientRifleman]

I'm not a lwayer, but...

Texas law was kinda gray on this specific topic for quite a while.

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.

This would seem to imply that you couldn't carry a weapon on your person in your home. A farmer or rancher couldn't carry a sidearm while out on his range, controlling livestock or mending fences. But I have never heard of a case where someone was prosecuted for carrying a sidearm on his own property.

now, back up to:

§ 46.02. UNLAWFUL CARRYING WEAPONS.

§ 46.03. PLACES WEAPONS PROHIBITED.

Then we come to:

§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03
do not apply to:

(2) is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
(3) is traveling;

So, now it looks like things have been clarified. However, in Texas, when your neighbor complains of a "man with a gun" the cops will come out and DEMAND to know why you are carying a handgun while mowing your lawn. Being informed of the law may help, but won't stop a paranoid neighbor from snitching on you. But then again, you might just have some squared away neighbors and they might come over to compare weaponry.

 

[SaxonPig]

I would be shocked if there were any prohibitions against carrying a firearm on your own property. The real is question is do you really like you need to be armed while doing yardwork?

Are you fearful of criminal attack while mowing the lawn? A bigger question might be what sort of neighborhood are you living in?

 

[M2 Carbine]

Yes you can carry open on your own property and yes it might be smart to carry, open or concealed. More than one person has been attacked, some killed, doing such things as washing the car in their drive way.
It may be wiser to carry concealed in some cases.

As far as neighbors calling the Police? I'd tell the Police that while they are here they had better explain to the neighbor the law.

As far as my neighbors, if mine don't see me with a gun or hear shooting every couple days they ask if I've been sick.

 

[Still 2 Many Choices!?]

SaxonPig...

"The real is question is do you really like you need to be armed while doing yard work?" Well no, but I really don't ,"NEED", to be armed most of the time I go out the house. It's that one time you DO,"NEED", but don't have that worries me ! Again, I have my concealed license, it would be easier to just carry my weapon concealed, but this was about making a point. I was wondering if this would do anything positive for the Second Ammendment, besides getting me labled as an even bigger,"gun nut"... So no,"NEED", has nothing to do with my choice to carry a firearm EVER, but it is one of my personal choices, YMMV .

PS- My neighborhood is not the greatest(I hear sirens alot) but I have no worries of being a victim save for the possible dog attack. But then again, I have a mindset that says carry guns everywhere and keep your head on a swivel, what do I have to worry about? Still 2 Many Choices!?(me... ) ...

 

[Rickstir]

I have shot copperheads, coons, and snapping turtles while doing "chores". I am never without one of my handguns while on the lawn tracter or big tracter or the ATV for than matter. If I have my truck out on the property, I'll have a 12 ga. too. Better to have and need.....and all that. Shot a dandy 25 pound snapper on Friday. My neighbor tells me he was darn tastey. Before anybody throws a rod, I have enough snapping turtles in my lake, don't need another big one. They kill the baby ducks and geese that hatch, destroy jug setups and stringers. If I can get to them, they are toast.

 

[unspellable]

property

In most cities, your property ends at the inside of the sidewalk. The side walk and the lawn between it and the street are city property. If you are carrying in your yard you are getting into areas where the technicalities may mean the difference bewteen staying where you are and a quick trip to the jug.

(So explain to me why I am stuck with maintainance on the sidewalk and the lawn between it and the street.)

 

[ArmedBear]

the technicalities may mean the difference bewteen staying where you are and a quick trip to the jug

Remember: some places have laws against "brandishing." The definition probably can vary from "if the firearm is visible" to "if the firearm is being pointed at someone". In my city, it's "if it's visible". It need not be in my hand; it could be showing from a pocket, or in a belt holster.

"Brandishing", aka open carry in some places, on a suburban front lawn is still illegal, even if carrying the gun is not, since obviously you could be standing on the edge of your property but threatening people who are anywhere up and down the street.

Would it be legal to carry the same gun in the same place on one's own property, but concealed? Probably, at least WRT "brandishing." It does get kinda wierd.

 

[ARTiger]

I open-carry my .357 on my belt all the time around my hunting cabin and it's 120 acres in northern Arkansas. Sometimes into "town" as well . . . lot's of folks around here do and it's never a big deal other than to passerby tourists who freak out seeing a gun on a "normal person" at the gas station on the main highway every once in a while. I have a reserve sheriff's badge and commission, but never use or display it except when on "duty" in emergencies.

IMHO if more folks open carried, there would be a lot less crime in public places (bank and convenience store stickups, etc.) I know no one's ever robbed our local c-store because usually there are 6-8 openly armed locals + a wildlife agent or sherrif's deputy sitting around inside and out.

 

[ball3006]

I don't carry open in town....

No use bringing attention to yourself. I always have a small pistol in a pocket though. I carry a pistol or rifle at my camp which is out in the country and no neighbors close enough to see if I am armed or not. My property is heavily wooded and no one can see my place from the road or neighbor's houses......chris3

 

[Minator]

We cant open carry a handgun, But TPW said its legal to carry a loaded shotgun or rifle in or vehicles. Also you can walk around with a loaded rifle or shotgun as long as you dont point it at anyone. I dont know the specifics of these laws but so far everything I have read has agreed with what they told me.

 

[roscoe]

I think it would be cool to mow the lawn shirtless in sandals with crossed bandoliers and a Single Action Army tucked in a sash on your waist, with a big sombrero on your head, while you smoked a tattered, stinky cigar. Nobody would know what to think.

 

[ArmedBear]

mow the lawn shirtless in sandals with crossed bandoliers and a Single Action Army tucked in a sash on your waist, with a big sombrero on your head

How the hell ELSE are you supposed to mow the lawn?

 

[soutex50]

I reckon Proficientrifleman nails it, "by the book". Texas law does allow you(by means of nonapplicability) to "open carry" inside your property.

Have to remember to check your local city ordinances though, which in most cases are stricter than Texas law. Take for example in some major towns, there is a "loaded" shotgun ordinance prohibiting a person from carrying a loaded shotgun in their vehicles, which is not illegal by Texas law.

 

[Majic]

Some places have laws where if something can be readily seen from the public road then it is considered public and not private. You should check into that.

 

[M2 Carbine]

What Texas town has "a "loaded" shotgun ordinance prohibiting a person from carrying a loaded shotgun in their vehicles"?

My understanding is that a local government can't make a law that is in conflict with the Texas state law.

I don't think a Texas town can prohibit you from carrying a loaded long gun in your car anymore than they can prohibit you (CHL) from carrying a concealed handgun in their town since you are licensed by the state.

http://texaspolitics.laits.utexas.edu/html/just/keywords.html
"ordinance
An ordinance, generically, is an authoritative decree, direction, or law promulgated by a governmental authority. More specifically, the term refers to a regulation enacted by a municipality or other local government. As with legislature-made statutes, ordinances have the force of law but must comply with state and national laws. Municipal and other local ordinances are issued under the authority derived from a grant of power (such as a city charter) by a sovereign entity (such as a state)."

 

[sgt127]

Carry concealed.

Carry open, bad guys will see you around the house, know you are a "gun nut" and burglarize your house for the guns when you are not home. Bad guy comes up to rob you, see's you have a gun and simply shoots you in the back of the head, robs you AND takes your gun. Shots fired in the neighborhood, all the neighbors remember that you are the "gun nut" that lives across the street and the Police should "check you out." Robbery down the street, suspect matches your description, Police are searching the area, you are walking back from taking the trash out, they see a suspect that matches the description of an armed robbery suspect walking toward some poor residents house....

Why draw attention to yourself? I live on 10 acres, spend alot of time out in the pasture...somebody would have to TRY and see me, yet, I always carry concealed. I have carried a gun, everyday for 25 years, no one has ever seen me armed except in uniform. I would prefer having the element of surprise.