Texas-Book-Gun Law Armed And Educated - Flipbook - Page 330
that use is temporary or permanent. In this subsection, ‘recreational
vehicle’ means a motor vehicle primarily designed as temporary
living quarters or a vehicle that contains temporary living quarters
and is designed to be towed by a motor vehicle. The term includes a
travel trailer, camping trailer, truck camper, motor home, and horse
trailer with living quarters.” This definition means that “premises”
is more than just a person’s habitation; it also includes the land
surrounding a habitation and extends to all property which is either
owned by a person or is under a person’s control. This is a much
broader definition than when the term “premises” is used to describe
public locations where an LTC holder or constitutional carrier may
or may not carry their handgun, concealed or visible in a holster.
See Chapter 13 for more information on where an LTC holder or
constitutional carrier can legally carry a handgun.
What does “premises under the person’s control” mean?
In 1913, the Texas Court of Criminal Appeals held in Gibbs v. State
that premises under a person’s control means “to exercise restraint
or deciding influence over; to dominate; regulate; to hold from
action; to curb; subject or overpower.” Gibbs v. State, 156 S.W. 687
(1913). The Court held in that case that the location of “premises”
will mean real property or the building upon it, and the property
or building is owned by the person or the person’s employer. If
the property is not owned by the person or his employer, then
the property should be subject to the control of the person or his
employer in some capacity.
Law Of Handgun Carry: Part III 319
