Texas Castle Doctrine - How far does it extend?

Obviously it applies to your vehicle and primary home, but how far does it go from there?

EDIT: Assuming an individual does not have an LTC

  1. Does it go to your hotel room or home that you rent from another individual?
  2. Does it go to land that you lease and are camping on?
  3. Does it extend a campsite a friend let’s you camp on?

I’m sure there is no crystal clear answer here, but where (if any) are clear lines in the sand?

What can be considered “your occupied habitation?”

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Welcome to the family @Steve109. If you have your ltc, you can carry to all these places unless posted with a 30.06 and/or 30.07 sign (relative to how you are carrying). Otherwise, it is my understanding that Castle doctrine applies to your house and all attached structures and your vehicle. Castle doctrine doesn’t apply to detached structures such as a detached garage or sheds. I’m not sure on leases and hotels… I’m no lawyer, and even though @MikeBKY practices law in Kentucky, he MAY be able to help. Also @TexasEskimo or @Fizbin might know better than me.

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Thanks Levl2, understood, and yes (should have clarified) my question is running on an assumption the individual does not have an LTC…

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From reading, it is also worth noting, Castle doctrine applies while in your vehicle. Once you leave the vehicle, Castle doctrine goes out the window…so to speak. For example, if under the Castle doctrine, you are defending your vehicle from theft or removal of you from your vehicle, you are ok. You can’t leave your vehicle to engage a target in a parking lot, etc.

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@Steve109 These replies assume no LTC required. Simply Texas firearm laws…

Yes… it applies to a hotel/motel. Though I would refrain from open carry.

Yes… It does allow on land leases and campsites. Unless a written lease specifically states no firearms.

Yes… if a friend gives you permission to camp you may if owned by them personally. This also extends to visiting friends homes, apartments, and vehicles. As long as you are given permission by the owner/person on the lease you are good.

Basically your “Castle” is where you are… as long as you have permission outside of your own home or vehicle.

That’s how I understand it… anyone else?

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You can find most of those details here, @Steve109:



and here: https://statutes.capitol.texas.gov/SOTWDocs/PE/htm/PE.9.htm#:~:text=PROTECTION%20OF%20LIFE%20OR%20HEALTH,serious%20bodily%20injury%20to%20himself.

That’s the statue that specifically deals with self-defense (Sec. 9.31. SELF-DEFENSE.)
There is also a link on that page to the definition of Habitation.

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Yes, perfect, this was helpful. Many thanks all.

“Habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:

(A) each separately secured or occupied portion of the structure or vehicle; and

(B) each structure appurtenant to or connected with the structure or vehicle.

Here is the pertinent Texas law with respect to unlawfully carrying a weapon.

(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun ; and
(2) is not:
(A) on the person’s own premises or premises under the person’s control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.
Texas Penal Code § 46.02. Unlawful Carrying Weapons

As far as your specific questions, I cannot give exact answers because I am not licensed in TX and do not know the nuances of TX property law.
From a general perspective, it would apply to property that is rented or leased. Renting and leasing extends specific property rights to a person making the property “under the person’s control.” The same would be typically true of locations rented or leased to a friend.
Hotel rooms are generally considered different from rented or leased properties. The hotel gives you a “license” to use the property for a specific purpose and duration. It is similar to going to a movie theater, sporting event or a show. You have the right to occupy a seat for the duration of the event or movie but have no property rights, not control over the property. I cannot say how Texas interprets this. I would assume the answer is a hard no if the hotel prohibits carrying weapons.

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@Steve109 Before I had my Texas LTC I lived in an apartment complex with a detached garage. The garage was about 200’ from my apartment. I was legally allowed to carry from my leased apartment unit to my vehicle, even if it wasn’t in the leased garage. However not allowed to carry to the mailbox or pool though.
I currently lease and have a valid LTC. My current lease has a firearms clause in it. Tenants with a LTC are allowed to open carry from their apartment to their vehicle, garaged or not. Other than that it states only concealed carry is allowed (with a LTC) on the common grounds, mail area, pool, and management office. And if I am in my garage, and the garage door is open I can open carry as well. It’s part of my “Castle”.

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