Firearm Procedures On Private Property
Written and edited by Meyer Hirsch
March 13th, 2024
March 13th, 2024
History:
The Texas Constitution, adopted in 1876, includes a provision in Article 1, Section 23, which affirms the right of citizens to keep and bear arms for self-defense and the state's defense. This constitutional protection has laid the foundation for Texas's robust gun laws.
Castle Doctrine: Texas has long upheld the Castle Doctrine, which allows individuals to use deadly force to defend their homes, businesses, and vehicles from intruders. This doctrine reinforces the idea of private property rights and the right to protect oneself and one's property.
Concealed Handgun Laws: Texas passed its concealed handgun law in 1995, allowing qualified individuals to carry concealed handguns with a License to Carry (LTC), formerly known as a Concealed Handgun License (CHL).
- This law granted Texans the ability to carry handguns for self-defense, including on private property with the owner's permission.
Legal Context:
Texas Penal Code: The Texas Penal Code contains provisions related to the possession and carrying of firearms on private property.
- For example, Section 46.02 prohibits carrying firearms on the premises of certain businesses, such as bars and schools, unless authorized by law.
- Sections 30.06 and 30.07 of the Texas Penal Code allow property owners to use signs to prohibit people with a license from carrying a handgun on the property.
- 30.06 Signs ban people who have a license to carry from carrying a concealed handgun on the property
- 30.07 Signs ban people who have a license to carry from carrying a handgun openly on the property
- 30.06 Signs ban people who have a license to carry from carrying a concealed handgun on the property
The Texas Penal Code 4 states it is a crime to recklessly discharge a firearm inside the corporate limits of a municipality that has a population of 100,000 or more. A crime under this statute is a Class A misdemeanor, meaning it is punishable by up to a year in county jail, a $4,000 fine, or both. Recently, there have been calls to expand this prohibition to all cities (not just cities with a population over 100,000).
Present Day:
Open Carry: In 2016, Texas expanded its gun laws to allow licensed individuals to carry handguns in most public places openly. However, private property owners retain the right to prohibit open carry on their premises.
Private Property Rights: Texas law strongly upholds the rights of property owners to control firearms on their property. This means that while individuals generally have the right to carry firearms on private property with the owner's permission, property owners can set their own rules regarding firearms.
Stand Your Ground Law: Texas has a "Stand Your Ground" law, which “removes the duty to retreat before using deadly force in self-defense, both in public places and on private property where the individual has a legal right to be”. This law further reinforces the principle of self-defense and protection of private property.
Business Policies: Many businesses in Texas, particularly those in the hospitality and retail sectors, may choose to implement policies prohibiting firearms on their premises, even if it's private property. These policies are often intended to ensure the safety and comfort of patrons and employees.
Ongoing Debates: Despite Texas's permissive gun laws, the issue of firearms on private property continues to be a subject of debate. Some advocate for stricter regulations, particularly concerning gun-free zones and the responsibilities of property owners, while others emphasize individual rights and the importance of self-defense.
- Firearm-related Deaths: According to data from the Centers for Disease Control and Prevention (CDC), Texas consistently ranks among the states with the highest number of firearm-related deaths each year. These deaths include homicides, suicides, and accidental shootings.
- Gun Ownership Rates: Texas has one of the highest rates of gun ownership in the United States. According to the Pew Research Center, as of 2017, 35% of adults in Texas reported owning a gun, which is higher than the national average.
Local Action suggestions
Support action that calls for background checks on all gun sales and increasing restriction of gun usage on private property. Follow along with organizations in Texas such as Texas Gun Sense that work directly with legislators to take action.
You can also write a letter to your local representative about this specific cause! To see further instructions with a toolkit on how to do this, view my page called “Get Involved”
Important Links:
https://guides.sll.texas.gov/gun-laws/businesses-private-property
https://guides.sll.texas.gov/gun-laws/carry-of-firearms
https://www.walkertaylorlaw.com/how-much-land-do-i-need-to-shoot/
https://www.usconcealedcarry.com/resources/federal-ccw-law/federal-private-firearm-transfer-laws/
https://www.austintexas.gov/page/firearms-private-property#:~:text=HB%201927%20amends%20Texas%20Penal,property%20with%20a%20firearm%20vary.
https://ltcaustin.com/are-texans-allowed-to-shoot-guns-in-their-backyards/#:~:text=This%20is%20outlined%20in%20Government,be%20at%20least%2050%20acres.
