Texas-Book-Gun Law Armed And Educated - Flipbook - Page 333
Additionally, Texas Property Code Section 202.021 prohibits a
property owners’ association from including or enforcing any
provision in a document or instrument that would allow a home
owners’ association to prohibit, restrict, or has the effect of
prohibiting or restricting any person, who is otherwise authorized,
from lawfully possessing, transporting, or storing firearms or
ammunition on their property.
B. Recreational vehicles or motorhomes
When is an RV considered a “premises”?
A recreational vehicle (“RV”) is defined in the Texas Penal Code as
a premises whenever it is being used as a home (living quarters).
See Tex. Penal Code § 46.02(a-2). Conversely, when an RV is
being used as a vehicle, it is a vehicle, and it is not a premises, i.e.,
when it is actively being driven or towed. This is also an important
distinction in whether a handgun must be concealed or not when
not being transported in a holster.
Carrying of handguns on own premises
Texas law does not make it a crime for a non-prohibited person
to openly or concealed carry a handgun on their own premises;
therefore, it is legal. However, as a practical legal matter, a person
may not carry the firearm “in a manner calculated to alarm,” if the
particular area could be argued to be a public place. For example, a
crazy man waving a gun around in his own front yard could arguably
be violating Texas Penal Code Section 46.02 because he can be
observed from the street, which is a public place. If a person carries in
this manner, the person could be charged with the crime of disorderly
conduct under Texas Penal Code Section 42.01(a)(8). Remember, if
a person intentionally and knowingly displays a firearm in a public
place in a manner he knows is likely, under an objective standard
322 | CHAPTER FOURTEEN
