CHL question

[denowt]

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??

I'm not a lawyer or a cop, but I would think leased land would be "under your control", same as carrying in your home that you rent.

[Dave_S]

Sounds like he did a "Danger Check" per James Yeager of Tactical Responce ><>

[WCB]

I'm not a lawyer or a cop, but I would think leased land would be "under your control", same as carrying in your home that you rent.

Maybe but if I'm at my buddies lease/property it's not under my control. Could I be arrested on a gun charge if open carrying?
By the way I read the posted laws I guess I could...

[tvc184]

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.

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??

The four P words.............

Public/Private
Property/Place

You can have:
Public property/private place
Public property/public place

Private property/private place
Private property/public place


Private property/private place - Your deer lease or inside of your home are private property (not government/publicly owned) and they are definitely private. People can't come and go there without your permission.

Private property/public place - The Walmart parking lot is definitely privately owned yet it is a public place.

Public property/private place - The mayor's office is own by the people so it is public property but try to break into the office and see if it is not a private place. Saying, "I pay taxes in this city and am part owner" won't get you very far.

Public property/public place - The city park is both publicly owned and a public place.

And like denowt said, when I am on my lease, I consider myself in control over it and if I catch someone trespassing, I can be considered the owner. Even if not under "your control", you also have PC 46.15 Nonapplicability (b)(3) which says you can have those UCW weapons if you are "engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity". That is not even a defense to prosecution and simply says that UCW does not apply to you.

[Txfire409]

it's illegal, plain and simple. that is unless he got permission from the store owner or representative to bring it out of concealment. doesnt matter if we "see nothing wrong with it" or not.

[Lungbustr]

This is a pic at a local gun store

I agree with this 100%. Theres no reason you need to have your loaded gun playing with it in the gun shop.

[BeerMe]

At Walmart no. At a gun shop it's probably not a problem.

I can't walk around with my weiner hanging out, but when I step into a public restroom, it's probably ok, even expected.

See how the location changed the context?

Interesting comparison, but spot on. Cracks me up...

[BTLowry]

My take on OP's question
You were in a gun store, guy was possibly having an issue with his CCW and was having the person in the gun store check it ( maybe considering trading). To be safe he had unloaded it and once examination of firearm was complete he was reloading to return to CC
Was it legal? Sounds like it was not
Was it safe? Depends on how it was done ie muzzle direction
Are you hypersensitive ? Probably

If I was in a public place and it suddenly occurred to me I did not have one in the chamber and I pulled weapon to chamber round that should be very concerning and would possibly result in me being shot
If I have my gun worked on in a "gun store/shop" and then return it to loaded and concealed status I would not think I was going to get LE called on me
Most likely if my CC weapon was not 100% I would bring it in unloaded because I would have my backup concealed instead

[WCB]

tks tvc
Understand

[tvc184]

tks tvc
Understand

You're welcome.

There was one more thing about the public/private issues in the law that may or may not apply to this thread. I kind of touched on it above but the Penal Code defines "public place". It is:

"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

It is significant because you will see things such as hospitals, apartment complexes, shops (stores), offices, etc. Most of those things are privately owned and many times out of sight of the public like inside of a store. They are still public places however if a substantial group (not a majority) of the public has access.

The reason that a public place is sometimes important is that on many threads people will say something like, "but it is private property" or "I own it". In some laws that simply does not matter. It may be a law like unlawful carry by a CHL holder that talks about displaying the gun in a "public place". It does not say public property. Then you can get into the Disorderly Conduct laws (called disturbing the peace in some states) and it has many references to "public place" including some about firearms, sexual offenses, public indecency, gambling, assault, etc.

The main point is that public place is actually defined in the PC and in most cases it is on privately owned property and not always on a sidewalk, roadway or public park.