Carry in State Parks and fishing

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wharvey
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Carry in State Parks and fishing

Post by wharvey »

I've searched but haven't been able to find a definitive answer to this so I'll ask here.

In Indiana I could carry in that parks and while fishing, or hiking in state forests. (In fact could carry openly if I chose to.) I know that open carry in Texas is a no-no but what about concealed carry in state parks or while fishing on state lakes and rivers. I know there was a change recently with regard to LCRA lands. What about those.

If it matters I am specifically thinking about fishing at Calaveras, Braunig, Choke Canyon and the coastal bays around Corpus Christi.

I think that carry will be OK but I want to be sure. Thanks in advance.
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Dragonfighter
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Re: Carry in State Parks and fishing

Post by Dragonfighter »

As long as your not on ACOE land no problems. Open carry while hunting and fishing should be okay as well:
Texas Penal Code wrote:Sec. 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to:
<SNIP>
(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 or motor vehicle, if the weapon is a type commonly used in the activity;
Last edited by Dragonfighter on Fri Sep 30, 2011 4:42 pm, edited 1 time in total.
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Re: Carry in State Parks and fishing

Post by grim-bob »

Dragonfighter wrote:As long as your not on ACOE land no problems. Open carry while hunting and fishing should be okay as well:

[quote+"Texas Penal Code"]Sec. 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to:
<SNIP>
(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 or motor vehicle, if the weapon is a type commonly used in the activity;
[/quote]

I'd be careful with open carry all the way around. Not much use for pistol in most fishing you'd do around the state. Hunting you can get away with so long as the pistol is applicable to the game you are hunting. My suggestion would be to always be hunting hogs ;-)

As mentioned ACOE land is a problem and a good number of our lakes fall into this category unfortunately.
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Re: Carry in State Parks and fishing

Post by Dragonfighter »

grim-bob wrote:
Dragonfighter wrote:As long as your not on ACOE land no problems. Open carry while hunting and fishing should be okay as well:

[quote+"Texas Penal Code"]Sec. 46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to:
<SNIP>
(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 or motor vehicle, if the weapon is a type commonly used in the activity;
I'd be careful with open carry all the way around. Not much use for pistol in most fishing you'd do around the state. Hunting you can get away with so long as the pistol is applicable to the game you are hunting. My suggestion would be to always be hunting hogs ;-)

As mentioned ACOE land is a problem and a good number of our lakes fall into this category unfortunately.
If your CHL why not carry as a CHL? That said I've always open carried fishing and have had many occasion over the years of wardens checking licenses and such and the occasional sheriff stepping up to see if i was catching anything....well, maybe to check out the guy with the gun. :mrgreen:

But I always carried a wheel gun as a side arm, rat shot between hollow points.
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wharvey
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Re: Carry in State Parks and fishing

Post by wharvey »

Thanks for the responses. About the only time I ever opened carried was hiking or hunting and not always even then. ACOE? Army of Core Engineers?? Is there some place on the web I can find of list of these?

I was looking on the web sites for Calaveras and Braunig and it says nor firearms. Does anyone know if this Is one of those no unlicensed situations or just what it says. Actually I most likely wouldn't be carrying while on the water since I'll be fishing from a canoe but leaving it locked in my truck. Would like to have it while in route though.

I guess the confusion I'm experiencing is the no posting of 30.06 on public property. I'd consider state parks and lakes to be public property.
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Re: Carry in State Parks and fishing

Post by Skiprr »

wharvey wrote:ACOE? Army of Core Engineers?? Is there some place on the web I can find of list of these?
Start here: http://www.usace.army.mil/.

There is more area under ACOE control than you might imagine. Over 30 square miles within Greater Houston alone.
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Re: Carry in State Parks and fishing

Post by kjolly »

If hunting hogs you want it to be a very substansial caliber. 357 or greater. The critters are tough and mean. This is one time when you make shot placement count or have a climbable tree.
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Re: Carry in State Parks and fishing

Post by RPB »

Skiprr wrote:
wharvey wrote:ACOE? Army of Core Engineers?? Is there some place on the web I can find of list of these?
Start here: http://www.usace.army.mil/.

There is more area under ACOE control than you might imagine. Over 30 square miles within Greater Houston alone.
For lakes/Recreation start here http://corpslakes.usace.army.mil/visitors/" onclick="window.open(this.href);return false;

The exact "lake" and "property" boundaries you have to get from whatever district ... like at Lake Whitney/ Lake Georgetown, Lake Waco, Stillhouse Hollow lake ...etc they'll send you a map via E-mail, (and some are online) but when you ask for the exact GPS coordinates or EXACT boundaries ... they'll reply that they really don't know .... the "Lakes" also include water and land above the lake for some uncertain distance, and below the dam for some uncertain distance. They'll tell you that there are some brass markers partly buried you might look for on land, and there may not be fences nor signs ... and they have not painted lines on the water showing where their borders are.

Between the areas managed/controlled by the USACE are the river portions controlled by State "River Authorities" where you can carry ... no one knows where the boundaries are exactly.

I carry concealed except on USACE property (wherever it is)

Also numerous "empoundments" are USACE

You may not have a gun in the car under Texas Motorist Protection Act on USACE Parking lot property (according to the Federal law anyway) Some city/County Parks on some lakes on USACE lakes present that type of conflict of laws.

======================================================

You could open carry a large (illegally large) fillet knife while fishing, they are commonly used in fishing, I'd keep your gun concealed.
if the weapon is a type commonly used in the activity
Unless you are packing a "shark bang stick" or flare gun ...just keep the firearm concealed. It'll stay dry from splashes and fish slime/rust and much less likely to fall in the lake ...
I'm no lawyer

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Re: Carry in State Parks and fishing

Post by RPB »

wharvey wrote:I've searched but haven't been able to find a definitive answer to this so I'll ask here.

In Indiana I could carry in that parks and while fishing, or hiking in state forests. (In fact could carry openly if I chose to.) I know that open carry in Texas is a no-no but what about concealed carry in state parks or while fishing on state lakes and rivers. I know there was a change recently with regard to LCRA lands. What about those.

If it matters I am specifically thinking about fishing at Calaveras, Braunig, Choke Canyon and the coastal bays around Corpus Christi.


I think that carry will be OK but I want to be sure. Thanks in advance.
LCRA is fine; River Authorities are fine, coast is fine, National Seashore/US Fish and Wildlife etc areas are fine ... ONLY the USACE is not.
Natalia, Texas ?
Texas Lake Finder map http://www.tpwd.state.tx.us/fishboat/fi ... nal/lakes/" onclick="window.open(this.href);return false;

South Texas Plains map

http://www.tpwd.state.tx.us/fishboat/fi ... cent.phtml" onclick="window.open(this.href);return false;



Calaveras,

http://www.tpwd.state.tx.us/fishboat/fi ... calaveras/" onclick="window.open(this.href);return false;
Reservoir Controlling Authority
(NOT Army Corps of Engineers)

CPS Energy
PO Box 1771
San Antonio, Texas 78292
(210) 353-2158

Braunig,
Reservoir Controlling Authority
http://www.tpwd.state.tx.us/fishboat/fi ... s/braunig/" onclick="window.open(this.href);return false;
CPS Energy
PO Box 1771
San Antonio, Texas 78292
(210) 353-2158


Choke Canyon
Reservoir Controlling Authority
http://www.tpwd.state.tx.us/fishboat/fi ... ke_canyon/" onclick="window.open(this.href);return false;
City of Corpus Christi
PO Box 9277
Corpus Christi, Texas 78469
(512) 880-3000

and the coastal bays around Corpus Christi


Check 2 places the corps lakes gateway http://corpslakes.usace.army.mil/visitors/" onclick="window.open(this.href);return false;

but easy way is check Texas Parks and Wildlife Find a Lake http://www.tpwd.state.tx.us/fishboat/fi ... nal/lakes/" onclick="window.open(this.href);return false;


1st check look them up there, and ALSO look up and water body they are on, and unless the "CONTROLLING/MANAGING AUTHORITY" is Corps of Engineers, you can carry.

See here viewtopic.php?f=7&t=23683&p=519773&hili ... y+#p519773" onclick="window.open(this.href);return false;

Unless it says
Lake Whitney
http://www.tpwd.state.tx.us/fishboat/fi ... s/whitney/" onclick="window.open(this.href);return false;
Reservoir Controlling Authority
US Army Corps of Engineers

285 CR 3602
Clifton, Texas 76634
(254) 694-3189


So I don't go to ones saying USACE
I'm no lawyer

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Re: Carry in State Parks and fishing

Post by RPB »

Where legal, (non USACE property) No CHL is needed for a gun concealed in a watercraft (effective Sept 1, 2011) (Formerly House Bill 25)
Caption Text: Relating to the carrying of certain weapons in a watercraft.
http://www.legis.state.tx.us/BillLookup ... &Bill=HB25" onclick="window.open(this.href);return false;
E Effective on 9/1/11 06/17/2011
E Signed by the Governor
06/17/2011
E Sent to the Governor 05/27/2011 6459
S Signed in the Senate 05/27/2011 4373


I have a CHL and generally carry while kayak fishing in a life vest pocket and IWB, though I could also conceal in the watercraft without a CHL ... and while fishing from the bank or wadefishing IWB with CHL
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Re: Carry in State Parks and fishing

Post by TX0303 »

wharvey wrote:I was looking on the web sites for Calaveras and Braunig and it says nor firearms. Does anyone know if this Is one of those no unlicensed situations or just what it says.
There is usually a sign as well at the entrance that says "No Firearms". Does not apply to CHL holders. Not sure how it applies to Castle Doctrine.
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Re: Carry in State Parks and fishing

Post by RPB »

TX0303 wrote:
wharvey wrote:I was looking on the web sites for Calaveras and Braunig and it says nor firearms. Does anyone know if this Is one of those no unlicensed situations or just what it says.
There is usually a sign as well at the entrance that says "No Firearms". Does not apply to CHL holders. Not sure how it applies to Castle Doctrine.
A "No Firearms sign" is in most city/county/State Parks, but those do not apply to a CHL carrying a CONCEALED handgun of the type authorized on the license.

Castle Doctrine has nothing to do with it.

Penal Code Section 46.02 is what is commonly called "Motorist Protection Act/ MPA, now extended to Watercraft by HB25
And Section 46.15 is "Non-applicability"
Although It passed and was signed by Gov and became law Sept 1 NEW TEXT is not yet posted on http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;
(2) inside of or directly en route to a motor vehicle
or watercraft that is owned by the person or under the person's
control.

) the person is:
(A) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating;

(a-3) For purposes of this section, "watercraft" means any
boat, motorboat, vessel, or personal watercraft, other than a
seaplane on water, used or capable of being used for transportation
on water.


SECTION 2. Section 46.15(b), Penal Code, is amended to read
as follows:


http://www.legis.state.tx.us/tlodocs/82 ... 00025F.htm" onclick="window.open(this.href);return false;
It passed and was signed by Gov and became law Sept 1
New Text as passed by Senate, House and Governor Perry:
http://www.legis.state.tx.us/tlodocs/82 ... 00025F.htm" onclick="window.open(this.href);return false;

HB 25 http://www.legis.state.tx.us/BillLookup ... &Bill=HB25" onclick="window.open(this.href);return false;
I'm no lawyer

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wharvey
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Re: Carry in State Parks and fishing

Post by wharvey »

Thanks again for all the information. I should have done more searching before posting my question. I guess I'm a bit gun shy since my last exposure to concealed carry in Texas was right after it passed and there were lots of places off limits. I even remember a discussion about if it was legal to carry in a grocery that had a bank branch. Most of my carry experience has been in a state that has almost no off limit areas so I never had to worry about it.

As an aside, one of the few off limit areas were river boat casinos. Even off duty Leo couldn't carry there. But the river boat had to provide gun check services!
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Re: Carry in State Parks and fishing

Post by bkj »

I got this from Craig Erikson CLEO TPWD office ( 512 389 8022) a couple years ago.
CHL is OK in all state parks
CHL is OK in all Lower Colorado River Authority parks
CHL is not OK in Army Core of Engineers Park

Some state parks are on ACOE land. If TPWD is responsible for law enforcement CHL is OK. If ACOE is the law enforcement no CHL allowed.

Lake Somerville Reservoir Controlling Authority is listed as ACOE so no CHL on lake
http://www.tpwd.state.tx.us/fishboat/fi ... omerville/" onclick="window.open(this.href);return false;

Choke Canyon Reservoir Controlling Authority is listed as City of Corpus Christi so CHL should be OK on lake
http://www.tpwd.state.tx.us/fishboat/fi ... ke_canyon/" onclick="window.open(this.href);return false;

In both case the State Park would be OK
http://www.tpwd.state.tx.us/spdest/find ... ke_canyon/" onclick="window.open(this.href);return false;


A list of ACOE lakes
http://www.swf-wc.usace.army.mil/reports/fish.htm" onclick="window.open(this.href);return false;
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Re: Carry in State Parks and fishing

Post by RPB »

bkj wrote: A list of ACOE lakes
http://www.swf-wc.usace.army.mil/reports/fish.htm" onclick="window.open(this.href);return false;

NOPE

Close, but not quite exact...
That's ARMY CORPS OF ENGINEERS AND OTHER LAKES in that district,
STATUS OF ARMY CORPS OF ENGINEERS
AND OTHER LAKES IN THE FORT WORTH DISTRICT
More accurate list of ACOE lakes is this http://corpslakes.usace.army.mil/visito ... m?state=TX" onclick="window.open(this.href);return false;

Example:
COLORADO RIVER BASIN
Buchanan is LCRA, and on that on the "and other lakes list:, but NOT an ACOE lake according to the ACOE site and the TPWD site (and the LCRA site,http://www.lcra.org/ but I'm keeping it simple with 2 links below rather than list Brazos River Authority and every River Authority etc)

Notice that Buchanan is NOT on the Corps' site http://corpslakes.usace.army.mil/visito ... m?state=TX" onclick="window.open(this.href);return false;
and when checking TPWD Texas Parks and Wildlife Dept
http://www.tpwd.state.tx.us/fishboat/fi ... /buchanan/" onclick="window.open(this.href);return false;
Lake Buchanan
Reservoir Controlling Authority
Lower Colorado River Authority
3700 Lake Austin Blvd.
Austin, Texas 78703
(512) 473-3200 or 1(800) 776-5272

Use these two links for Texas
http://www.tpwd.state.tx.us/fishboat/fi ... nal/lakes/" onclick="window.open(this.href);return false;
and
http://corpslakes.usace.army.mil/visito ... m?state=TX" onclick="window.open(this.href);return false;
or for other States:
http://corpslakes.usace.army.mil/visitors/" onclick="window.open(this.href);return false;

So use the 2 links and method I gave .../ USACE reports flow rates of rivers which are STATE River Authority (not USACE Rivers), and they report lake levels of "other" lakes not under their control .... but use the 2 links/methods I gave to see if it is "USACE owned Property/managed/controlled by" the USACE.
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