Posted: 11/2/2005 7:48:56 PM EDT
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I live in an apartment complex in a lovely part of Arlington... What is the legallity of open carry (handgun) in the parking lot? Mainly I'm talking about when I walk out to the dumpster, which is on the other side of the next building over. It's in the back corner of the property, and I'm sure the boogeyman or one of his cousins hangs out back there. I've seen some apartment complex's with "NO GUNS" signs. There is no such sinage or policy where I live. Can I legally open carry in my parking lot? |
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This is the relevant section from 46.15: (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); Short answer is no, for a generic APT renter. |
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I open carry in my town.............I live in Princeton, Tx. and the LEO's know me. I work at night, so I need quick access to my protection. I will never see myself in one of those shooting vests for daily wear.........i'm way too kewl for that, lol. Plus I hang with them on a daily basis. |
I can't see how that's legal "in your town" unless you are a LEO or Commisioned Security Officer, right? Do you mean you carry on the property of where you work specifically? |
I work with cash money at night driving around collecting, so I pack a heater. Like I said, its not perfectly legal, but the LEO's turn a blind eye. The only time I pull my shirt over is when I see troopers that I dont know. And what I mean is by me open carrying is, I wear shorts or pants with a t-shirt and I have a fobus holster with my 1911, I dont mean for my shirt to rise exposing my firearm. The fobus holster is the most comfy and easy reaching, I cant just stuff my heater in my pants and work but, now it is getting cooler so I wear hooded sweat-shirts. So it helps with concealment if that bothers anyone. |
No, you are confusing two issues. There is no blanket exception for private property. If you are on your OWN premises or premises under your control, then you are exempt from UCW. However, if you are going to the range you fall under a different exception, and are legal carrying to the car. |
Is your weapon concealed or not? |
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The common areas of apartment complexes are, or used to be, considered a "public place." Open carry on your porch or balcony: should be OK. Open carry walking around the complex: Probably arrestable for UCW. I am a former Texas LEO, and that was my understanding. The "I work at night and carry cash" claim is definitely a reason to get your CHL, but it is not a defense to prossecution, nor is it an affirmative defense... It will be the officer's discression whether or not to arrest... |
you forgot: 4. Invite mojo over for beer after work and ask him to take the garbage out on his way home  Seriously though, thanks for the replies guys. Looks like concealed is the way to go here. Thanks. |
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Short answer is no you can't open carry in the parking lots; it may be private property, but it is still considered accessable by the public. Sort of like the parking garages you'd see in a urban, downtown setting. Don't tempt fate...I probably wouldn't arrest you, but you sure would get my attention... As for the gentleman in this thread who said he 'covers up' when he sees a trooper he doesn't know, we appreciate the respect... 
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