CHL question

[tvc184]

Then what makes it OK for the employee and the owner to carry openly on their own premises? What's the difference in me taking a loaded or unloaded weapon out of my car into the store or off of my person? . I'm genuinely curious I'm sure you know more on the matter than me

Nothing makes it "okay".

The Penal Code does not address it. It is no different than buying a handgun but not having a CHL. The law says that it is okay if it in your home or vehicle or going to and from your home and vehicle. It never mentions a store where it might be purchased however I have never heard of anyone being arrested while making a lawful purchase and walking to the car with it. Hopefully if ever such a case was made and there was a conviction, an appeals court would rule that it is not the intent of the law (and maybe there is such case law but I don't feel like digging for it).

If the manager of Walmart decides that he doesn't mind open carry, that does not exempt people in the store from the state law. Being private property has no bearing.

The Penal Code under UCW says that it okay to possess a handgun, club or illegal knife on your own property or property under your control. It does not say where the owner does not care.

[r_u_sharp_2]

So how to gun stores and pawn shops have employees that open carry? I am speaking of only in the store while "on the clock"

[smb250]

At the shop I work at if a customer unholsters his ccw and unloads it we ask them to not reload until they are outside in their vehicle. Main reason is safety to ourself and customers.

[Mike D]

So how to gun stores and pawn shops have employees that open carry? I am speaking of only in the store while "on the clock"

Tvc answered that in his post above.

[Bruiser]

yes, if you felt thretened call the cops no issues with what that person did

[tvc184]

So how to gun stores and pawn shops have employees that open carry? I am speaking of only in the store while "on the clock"

I am guessing under the same reason that about 10% of the vehicle that I pass on the road have no front license plate as required by law. Within my discretion I could stop each one and with no questions asked, place each driver in handcuffs and off to the county jail and tow their vehicle away (at almost $200) as reaffirmed by the SCOUTS in Atwater v. Lago Vista.

In some things cops just look the other way. Switchblades (particularly butterfly knives) have been illegal since I have been a cop until this last September and I have seen many of them but have never made an arrest for one. It was also illegal to sell them which means that I could go in half of the convenience stores and arrest the clerk.

[r_u_sharp_2]

I hope my post didnt seem as if i was second guessing or insinuatiing that you were not right. I was just really interested if there was a special provision or if it was a descretion situation. I was obviously misinformed and have spread false information in my first post. Thanks for the information.

[Fuzzy Dog]

The law in Texas on open carry is:

" Open carry is not legal in Texas, but you may open carry on your own property, in the commission of a sporting activity (competition, shooting ranges, etc.), and while engaged in hunting."

So if that's true, then the owner of a gun store on his property, and his employees, as his agents, can legally open carry while in the store.

[tvc184]

I hope my post didnt seem as if i was second guessing or insinuatiing that you were not right. I was just really interested if there was a special provision or if it was a descretion situation. I was obviously misinformed and have spread false information in my first post. Thanks for the information.

I took it no other way than simply a question.

[tvc184]

The law in Texas on open carry is:

" Open carry is not legal in Texas, but you may open carry on your own property, in the commission of a sporting activity (competition, shooting ranges, etc.), and while engaged in hunting."

So if that's true, then the owner of a gun store on his property, and his employees, as his agents, can legally open carry while in the store.

The employees are hunting or shooting at a range in the store?

[bigdaddy590]

This is a pic at a local gun store

[WCB]

I guess I was misinformed. I thought that if you had permission from someone while on their property I could open carry. Or show him my gun or whatever.
So if I'm at my buddies place and was open carrying I could get arrested even if I had his permission? Learn something new everyday.

[JustinJ]

"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; or
(2) inside of or directly en route to a motor vehicle or watercraft 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 or watercraft 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 or boating;
(B) prohibited by law from possessing a firearm; or 71.01.(C) a member of a criminal street gang, as defined by Section
(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 m otor vehicle primarily designed as temporary living quarters or a v ehicle that contains temporary living quarters and i s designed to be t owed 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.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water;"

Would the premises be "under the person's control" in the case of an employee? If so, that's why/how they can open carry. Am I reading it correctly?

[WCB]

All this time I thought I could open carry at the deer lease during the off season. Not hunting, just walking around doing whatever. I have permission to be there but can't have a hog leg strapped on??

[denowt]

I find it confusing that people find no problem with some stranger loading a handgun in a store and then hiding it under his clothes, but have fits if some guy walks down the street with a rifle on their back.