LTC while hunting?

[Pawpaw]

I believe most LTC holders (myself included) are extremely law-abiding citizens who have never had any legal trouble more serious than a traffic ticket. To most of us, being arrested is almost as abhorrent as being convicted.

You may be cleared at trial, but it's the officer's opinion that will get you arrested and that is unthinkable.

Just my two cents.

[JALLEN]

........
I am not arguing or debating, just showing facts as written. If you really think that I or anyone here has said that LE or anyone for that matter can render you guilty before trial, then I have to be disappointed in the comprehension level exhibited.

I am stating and showing what is in the law not an opinion. I have to show my students what the law says when it comes to drinking as related to carry of a firearm. (I better be extra clear and say I am talking about alcoholic beverages.) If charged, you have a chance to defend yourself and the amount of proof against you decides how difficult or easy your defense will be. This is fact not opinion. I am not going to argue what is in writing, whether are not I agree, it is still the law and still it is in writing for everyone to be on the same page.

I apologize to the OP, if this thread has been hijacked.

The officer is not rendering you "guilty before trial."

He or she is judging that a crime has been committed and charging you with committing it, assuming the DA goes along with it, and mostly they do.

The officer's opinion is evidence. His observation, experience, ability to observe, recall and recount the events can be tested on cross examination. If it stands up, you will be convicted, the legal conclusion after whatever evidence is admitted that you are guilty.

Mostly, the officer who is experienced, cautious, well trained, will be able to make his opinion stand up. Sometimes, events at the time of the alleged offense, what was said and done, other details, give rise to reasonable doubt, and the defendant is acquitted. That's the chance you take.

The statute says what it says. Measuring the facts in evidence by the statute is what the trier of fact does, the jury if there is one.

[ScottDLS]

That is why I take issue with the statement that "The LEO's opinion is what determines whether you are intoxicated". The determination is based on evidence (possibly fron the LEO) presented to the trier of facts (judge/jury).

And for the OP, I did answer the question in earlier posts...just to keep on topic.

[ScottDLS]

I believe most LTC holders (myself included) are extremely law-abiding citizens who have never had any legal trouble more serious than a traffic ticket. To most of us, being arrested is almost as abhorrent as being convicted.

You may be cleared at trial, but it's the officer's opinion that will get you arrested and that is unthinkable.

Just my two cents.

I don't view being arrested for something that either I didn't do, or wasn't against the law as unthinkable. I wish it was, but we have examples from this very forum (handog) where it happened.

I will not be afraid to engage in legal behavior because of the risk of being arrested... (i.e. carry on publicly owned property that is illegally posted).

[twomillenium]

........
I am not arguing or debating, just showing facts as written. If you really think that I or anyone here has said that LE or anyone for that matter can render you guilty before trial, then I have to be disappointed in the comprehension level exhibited.

I am stating and showing what is in the law not an opinion. I have to show my students what the law says when it comes to drinking as related to carry of a firearm. (I better be extra clear and say I am talking about alcoholic beverages.) If charged, you have a chance to defend yourself and the amount of proof against you decides how difficult or easy your defense will be. This is fact not opinion. I am not going to argue what is in writing, whether are not I agree, it is still the law and still it is in writing for everyone to be on the same page.

I apologize to the OP, if this thread has been hijacked.

The officer is not rendering you "guilty before trial."

He or she is judging that a crime has been committed and charging you with committing it, assuming the DA goes along with it, and mostly they do.

The officer's opinion is evidence. His observation, experience, ability to observe, recall and recount the events can be tested on cross examination. If it stands up, you will be convicted, the legal conclusion after whatever evidence is admitted that you are guilty.

Mostly, the officer who is experienced, cautious, well trained, will be able to make his opinion stand up. Sometimes, events at the time of the alleged offense, what was said and done, other details, give rise to reasonable doubt, and the defendant is acquitted. That's the chance you take.

The statute says what it says. Measuring the facts in evidence by the statute is what the trier of fact does, the jury if there is one.

You said it different but you repeated what I said.

[rexmitchell]

Other than civil liabilities which are always a threat, sober or not, it seems that I should run into no issue while carrying/hunting/target shooting etc. since it is private property that we hunt. One other question before this thread gets off track, do I have a duty to inform a Game Warden if still on that private property? I would anyway but I'm asking because I would need to still have my LTC when hunting.

[ScottDLS]

Other than civil liabilities which are always a threat, sober or not, it seems that I should run into no issue while carrying/hunting/target shooting etc. since it is private property that we hunt. One other question before this thread gets off track, do I have a duty to inform a Game Warden if still on that private property? I would anyway but I'm asking because I would need to still have my LTC when hunting.

The law says you have to show your LTC to a Peace Officer or Magistrate if he demands ID, if you are carrying. So even if you are not carrying under the authority of your LTC, you are supposed to show it. There is no penalty for failing to do so, but you should.

One other item, the exemption for carrying a handgun while hunting is for when the weapon is a type generally used in that activity, regardless of whether the land is public or private. So if it's common to carry a handgun (say as backup) during the type of hunting you're doing, then you don't need a LTC.

[rexmitchell]

Other than civil liabilities which are always a threat, sober or not, it seems that I should run into no issue while carrying/hunting/target shooting etc. since it is private property that we hunt. One other question before this thread gets off track, do I have a duty to inform a Game Warden if still on that private property? I would anyway but I'm asking because I would need to still have my LTC when hunting.

The law says you have to show your LTC to a Peace Officer or Magistrate if he demands ID, if you are carrying. So even if you are not carrying under the authority of your LTC, you are supposed to show it. There is no penalty for failing to do so, but you should.

One other item, the exemption for carrying a handgun while hunting is for when the weapon is a type generally used in that activity, regardless of whether the land is public or private. So if it's common to carry a handgun (say as backup) during the type of hunting you're doing, then you don't need a LTC.

It is a backup but we always hog/deer hunting. I hear what you are saying about showing it, and the last thing I want to do is start off an encounter with the GW in a manner where he doesn't trust me so I'd show it even if I wasn't carrying. Thanks.

[Ipconfig]

I hunt on private property, do I need to carry my LTC while I'm carrying a pistol when hunting on private property? I have to assume not but wanted to double check.

You actually don't even need an LTC to carry a handgun while hunting.

(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor’s residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;

You do while Bow Hunting.

[ScottDLS]

Not if a handgun is commonly used in the activity (like a back up for pig hunting with a bow). Also, I always do a little target shooting whenever I hunt...

And I did mention that the handgun has to be commonly used in the activity in another post.

[Dadtodabone]

In an ideal world, no. If it was me, and it wasn't MY private property, I'd take my LTC along, just because......

That is what I planned on doing but now have a follow up question. Do all the rules that apply to LTC holders still apply? For instance, if we are having a beer and target shooting, this is no crime as a non-LTC holder. For that matter someone could have 20 beers and still be legal to shoot. Does that now change on private property? Don't worry, I don't get hammered and play with guns but I'll drink a beer before the day is over and still have my pistol on my hip.

You can open carry to the local Chili's with your LTC and have a shot of whiskey and be legal, as long as you don't become INTOXICATED, which has a quite specific definition in the Penal Code, which is not the "cop's opinion" as some would suggest. That stated it's probably not a good idea.

You could handgun hunt while absolutely blitzed and it would not technically be illegal, whether on private or public land, though one could argue that "public intoxication" might apply. Again, not a good idea, but legal.

Unless you are in the U.K. Then a hunt cup before a morning of hunting is all but required.
You'll of course need to be able to transport your double gun and your refreshments safely in your Range Rover:
http://www.nealjonesfurniture.com/range ... n-box.html
There is a nice accessory that will fold down and protect the drawer fronts and tailgate when you load your gun dogs.

[gduncan52]

I have been on a deer lease in central Texas for 12 years now. Whether we are in camp or in our blinds or in between we mostly all have pistols on our hips, day or night. I have had several encounters with the game warden in the area and he has never said anything about us having our pistols on us. Have had my license for over 20 years now and always have it on me. The warden has asked to see the hunting license, but, never asked about the carry license. I think they expect that hunters will be armed and as long as you are obeying the game laws, they don't care. Have never had a worry around the campfire at night cooking our T-bone steaks with a bottle of cab and our pistols on, either.

[flechero]

You do while Bow Hunting.

But, only in "Archery season"

[Soccerdad1995]

I believe most LTC holders (myself included) are extremely law-abiding citizens who have never had any legal trouble more serious than a traffic ticket. To most of us, being arrested is almost as abhorrent as being convicted.

You may be cleared at trial, but it's the officer's opinion that will get you arrested and that is unthinkable.

Just my two cents.

I don't view being arrested for something that either I didn't do, or wasn't against the law as unthinkable. I wish it was, but we have examples from this very forum (handog) where it happened.

I will not be afraid to engage in legal behavior because of the risk of being arrested... (i.e. carry on publicly owned property that is illegally posted).

Guys, our rights have been restricted enough as is. We do not to voluntarily give up even more rights just because we might possible maybe kinda sorta could be arrested. We really are becoming a nation of sheep.