LTC while hunting?

[ScottDLS]

After 33 years of driving, about 31 of which were while I was old enough to drink, I have determined that I am not going to drive with ANY alcohol in my system. I'm not saying it's necessarily wrong, I don't think it is. But based on my recent experience, it's wrong for me.

If I'm at home and I have consumed alcohol however, I'm not going to relinquish my right to defend myself regardless of how much I've had.

[rexmitchell]

Just to followup on this, I got advice from an attorney through [Pre-paid legal service] since the waters were a little muddy here.....Unfortunately the answer was about the same:

Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

Given this statute, anytime a license holder has their weapon on or about their person, they should be carrying their LTC. However, there is an argument that when you are carrying in a location covered by Texas Penal Code 46.02, you are not carrying pursuant to a LTC and therefore are not required to have your LTC on your person. It is important to note that 411.205 does not provide any exclusion for when you are in a location covered under 46.02, and thus it is only an argument.

Additionally, there is no longer an administrative penalty for failure to produce this license. However, if you are out in public and fail to produce a license, you are subjecting yourself to the possibility of being arrested for unlawfully carrying a weapon. In the case that you are on premises under your control (as covered by 46.02), it is unclear what charge an officer could bring if you failed to produce a license since you are clearly not unlawfully carrying due to the fact you are on premises under your control.

As to your last question, though it is not a good idea to consume alcohol when carrying a firearm of any sort, TPC 46.035(d) states: “a license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.” In the situation you have described, we encounter a similar issue as was noted above. When you are on premises under your control, there is an argument that you are not carrying “under the authority of Subchapter H, Chapter 411, Government Code,” but rather under the authority of TPC 46.02. If this proved to be a successful argument, it would prevent a license holder from being charged with unlawful carry by a license holder under subsection (d), if the license holder was carrying while intoxicated on the license holders property.

Sure would be nice to have the legislature clarify exceptions when carrying when a LTC wouldn't normally be required.

[AJSully421]

I am 33. I have probably spent a total of two years of my life on private hunting property. Mostly 89 acres owned by my Great Uncle just West of where 281 crosses the Brazos, and my parents own 275 acres in NW Comanche. In all of that time, all of those weekends... cutting brush, running tractors and 4 wheelers, shooting probably 30,000 rounds of .22, growing up, and about as many 9mm, .45, and 5.56 since I started buying my own guns... guess how many times I have ever been contacted by any LE while on either ranch?

Zero.

By the way, we have consistently shot at night and had a couple friends with full auto (legally) out there... things that typically get attention from the Deputies or the Critter Cops. Still, zero encounters with LE while out on our private property. Your concerns are unfounded. Do what you want, obey the law as far as is applicable. Above all, know what you can get away with and keep quiet about it.

Another key is to have a locking gate and always lock it behind you. Many officers are reluctant to jump a fence and walk around on a ranch while wearing tan and/or green. A locked gate may very well be the reason for my experience.

[flechero]

guess how many times I have ever been contacted by any LE while on either ranch?

Zero.

Another key is to have a locking gate and always lock it behind you. Many officers are reluctant to jump a fence and walk around on a ranch while wearing tan and/or green. A locked gate may very well be the reason for my experience.

You may be an exception... I've been contacted over a dozen times while hunting... sometimes just bowhunting quietly. No tickets, no shenanigans. That, over only a 15-20 year span of hunting on both family and leased property.

We've also had a game warden take the gate off the hinges so he could drive through it, instead of jumping and walking!
And the worst part was that he did not replace it when he left.

[AJSully421]

guess how many times I have ever been contacted by any LE while on either ranch?

Zero.

Another key is to have a locking gate and always lock it behind you. Many officers are reluctant to jump a fence and walk around on a ranch while wearing tan and/or green. A locked gate may very well be the reason for my experience.

You may be an exception... I've been contacted over a dozen times while hunting... sometimes just bowhunting quietly. No tickets, no shenanigans. That, over only a 15-20 year span of hunting on both family and leased property.

We've also had a game warden take the gate off the hinges so he could drive through it, instead of jumping and walking!
And the worst part was that he did not replace it when he left.

Run a thick chain on the hinge side of the gate to the post that the hinges are mounted to. Give it just enough slack to swing. Use a screw or a bolt to hold the chain to the post about halfway up, so it cannot drop to the ground and allow the gate to lay flat on the ground. A couple of 24" sections of chain and a two pack of master locks is cheap.

Our Game Warden in Comanche has his hands so full with road hunters that he doesn't have time to harass the landowners.