Untitled Texas Attorney General Opinion

Honorable A. W. Davis, Jr. Opinion No. H.- 22 County Attorney, Newton County P. 0. Box 477 Re: Do persons employed by Newton, Texas 75966 various hunting clubs have ‘the right to carry firearms within their particular area? Dear Mr. Davis: The facts you have stated in your letter of January 4, 1973, are that you have various hunting clubs in Newton County which lease hunting rights from various timber companies. The hunting club areas art wM1, defined geographically in that they are fenced, “posted”, etc., You asked wh’%her these employees of the clubs. assuming they are not qualified ,law enforcement officers of the state or of any political sub- division, have the right),&0 carry firearms wit&in their particular area. Article 483, Vernon18 Texas Penal Code. makes it a misdemeanor for a person to carry on qr about his person a pistol or other described weapon. Article 484, V. T. P. C., provides that Article 483 “shall not apply . . . to the carrying of arms on one’s own premises or place of business . e . ‘I. It is not necessary that the premises be owned to qualify as a place of business. Smith v. Smith, 100 9. W. 155 (Tex. Crim. 1907); Gibbs v. State, 156 S. W. 687 (Ter Crim. 1913). From your letter of January 4, 1973, we are unable to determine the precise interest the hunting clubs have in the premises they have under leaee. A mere permisrive right to use tbe.‘pepperty:for a. pat-tie+ ulor purpose may be inoufficient to constitute the property “premises” within the meaning of Article 484, V. T. P. C. Solosky v. State, 236 S. W. 742 . (Tex. Crim. 1922); Whiteside v. State, 58 S. W. 1016 (Tex. Crim. 1900). To confer the right to carry weapons, there must be lawful possession and control. See Mireles v. State, 192 S. W. 241 (Tex. Grim. 1917); Fields -State, 166 S. W.1166 (Tax. Grim. 1914). The exception of;.Article 464~aRp~ies.fci.e~l~~a’es~‘idf .the owner of the, busine$+ .-In Po-st+ori.V;.State, lO&‘S,(WAd M6., (aei;‘C~im.,‘dQa7),t~e:Court said: p. 99 . . Honorable A. W. Davis, Jr., page 2 (I-I-22) ‘I. . . It is true, appellant did not own either place of business referred to, and the jury may have been misled by the language of the court’s charge, but it is legally true that if appellant was employed to work. in both of said places of business, he would not have been violating the law to have had on his pereo.n’& either place the weapon mentioned. [citing cases] . . . ‘I (104 S. W. 2d at 518) It is our opinion that the persons described in your letter of’ January 4, 1973, may carry firearms while on the premises of the clubs which ~employ them whether the clubs own or lease the property provided there is the necessary right to possession and control. We would add as a word of caution, that unless these persons d&qualify as law enforcement officers in some other manner, they will not be peace officers and will have no more right to enforce.the.law,or to protect the property of their employers than any other individual would have. SUMMARY Employees may carry firearms on the business premises of their employers, whether such premises are owned or are leased by the employers, provided the employer has the right to control the premises. Very truly yours, L. HILL Attorney General of Texas DAVID M. KENDALL, Chairman Opinion Committee p. 100