Carry in State Parks and fishing
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Carry in State Parks and fishing
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.
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.
Bill Harvey
License to Carry Handgun - Indiana, since Aug 1997
CHL - Texas, since Aug 2011
License to Carry Handgun - Indiana, since Aug 1997
CHL - Texas, since Aug 2011
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Re: Carry in State Parks and fishing
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.
I Thess 5:21
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Re: Carry in State Parks and fishing
[/quote]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.
Josh
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Re: Carry in State Parks and fishing
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.grim-bob wrote: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 hogsDragonfighter 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;
As mentioned ACOE land is a problem and a good number of our lakes fall into this category unfortunately.

But I always carried a wheel gun as a side arm, rat shot between hollow points.
I Thess 5:21
Disclaimer: IANAL, IANYL, IDNPOOTV, IDNSIAHIE and IANROFL
"There is no situation so bad that you can't make it worse." - Chris Hadfield, NASA ISS Astronaut
Disclaimer: IANAL, IANYL, IDNPOOTV, IDNSIAHIE and IANROFL
"There is no situation so bad that you can't make it worse." - Chris Hadfield, NASA ISS Astronaut
Re: Carry in State Parks and fishing
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.
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.
Bill Harvey
License to Carry Handgun - Indiana, since Aug 1997
CHL - Texas, since Aug 2011
License to Carry Handgun - Indiana, since Aug 1997
CHL - Texas, since Aug 2011
Re: Carry in State Parks and fishing
Start here: http://www.usace.army.mil/.wharvey wrote:ACOE? Army of Core Engineers?? Is there some place on the web I can find of list of these?
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
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.
Texas CHL Instructor, NRA Certified Trainer, IDPA
NRA Range Safety Officer
http://www.tacticalpistol.us
NRA Range Safety Officer
http://www.tacticalpistol.us
Re: Carry in State Parks and fishing
For lakes/Recreation start here http://corpslakes.usace.army.mil/visitors/" onclick="window.open(this.href);return false;Skiprr wrote:Start here: http://www.usace.army.mil/.wharvey wrote:ACOE? Army of Core Engineers?? Is there some place on the web I can find of list of these?
There is more area under ACOE control than you might imagine. Over 30 square miles within Greater Houston alone.
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.
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 ...if the weapon is a type commonly used in the activity
I'm no lawyer
"Never show your hole card" "Always have something in reserve"
"Never show your hole card" "Always have something in reserve"
Re: Carry in State Parks and fishing
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.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.
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
"Never show your hole card" "Always have something in reserve"
"Never show your hole card" "Always have something in reserve"
Re: Carry in State Parks and fishing
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
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
I'm no lawyer
"Never show your hole card" "Always have something in reserve"
"Never show your hole card" "Always have something in reserve"
Re: Carry in State Parks and fishing
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.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.
Re: Carry in State Parks and fishing
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.TX0303 wrote: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.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.
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;
It passed and was signed by Gov and became law Sept 1(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;
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
"Never show your hole card" "Always have something in reserve"
"Never show your hole card" "Always have something in reserve"
Re: Carry in State Parks and fishing
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!
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!
Bill Harvey
License to Carry Handgun - Indiana, since Aug 1997
CHL - Texas, since Aug 2011
License to Carry Handgun - Indiana, since Aug 1997
CHL - Texas, since Aug 2011
Re: Carry in State Parks and fishing
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;
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
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,
More accurate list of ACOE lakes is this http://corpslakes.usace.army.mil/visito ... m?state=TX" onclick="window.open(this.href);return false;STATUS OF ARMY CORPS OF ENGINEERS
AND OTHER LAKES IN THE FORT WORTH DISTRICT
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.
I'm no lawyer
"Never show your hole card" "Always have something in reserve"
"Never show your hole card" "Always have something in reserve"