Open Carry While Hunting Or Fishing

casingpoint · Post by **casingpoint** » Sat Dec 09, 2006 10:46 pm

I have attempted to get a definitve answer to the following question on several boards to no avail. Perpahs you folks here can help given your specific focus on Texas gun laws.

Q: Can an indivudual open carry within the State of Texas while hunting, fishing, or pursuing any other outdoor activity such a birdwatching, rock collecting, etc., and while going to and coming from such activities?

I mention the other activites on account of the growing threat of wild hog attacks in Texas due to their burgeoning numbers. Not to mention drug addicts, meth cookers and other miscreants commonly found these days almost everywhere.

Feedback will be appreciated

stevie_d_64 · Post by **stevie_d_64** » Sat Dec 09, 2006 10:54 pm

From the way you phrased the question, I can say no...

But, if its on your own property/land...I'd say yes...I don't think you specified that parameter in your question...

Somebody else will come in and post the applicable statute to further define the answer for you...

As for all the "threats" you enumerated, sure, there's lots of bad things out there to be mindfull of...And prepared to deal with...But hopefully not...

txinvestigator · Post by **txinvestigator** » Sat Dec 09, 2006 11:04 pm

There are two sections of law I can think of that might apply

You can carry any way you like on your own land or land under your control. So if you are on your own private land you can open carry. If the land is owned by another but you have authority to act in control of the land you can open carry.

On other than private land the law give you this. If you are; engaging in lawful hunting, fishing, or other sporting
activity on the immediate premises where the activity is conducted, or
is directly en route between the premises and the actor's residence,
if the weapon is a type commonly used in the activity

Hunting might allow you, but a handgun is not commonly used in birdwatching or rock collecting, so no open carry then.

Chris · Post by **Chris** » Sun Dec 10, 2006 11:02 am

i sometimes carry openly when i'm hunting. depending on where i'm going, i may have to do a long hump to the stand in the middle of the night. trekking through brush and stuff, i have to have my rifle slung up so i can use both hands to navigate. a pistol is far easier to present than to unpack my rifle, should some critter not like me imposing on their domain.

i usually hunt on someone else's land, but since i have the gate code, that pretty much makes me in control of the place.

KRM45 · Post by **KRM45** » Sun Dec 10, 2006 5:24 pm

My two cents...

Hunting... Yes

Fishing... That would be a stretch

Birdwatching... As long as the birds were in season and you had the appropitate tag (upland game, duck stamp etc...) This one is a joke

Rock collecting... better throw hard.

Now in all these activities carrying concealed should be just fine.

txinvestigator · Post by **txinvestigator** » Sun Dec 10, 2006 6:03 pm

KRM45 wrote:My two cents...

Hunting... Yes

Fishing... That would be a stretch

Birdwatching... As long as the birds were in season and you had the appropitate tag (upland game, duck stamp etc...) This one is a joke

Rock collecting... better throw hard.

Now in all these activities carrying concealed with a CHL should be just fine.

FIxed it.

Liberty · Post by **Liberty** » Sun Dec 10, 2006 6:03 pm

KRM45 wrote:My two cents...

Hunting... Yes

Fishing... That would be a stretch

.

Fishing is specifically mentioned in the rules. Ive seen some of these small boats folks take offshore here. Before hauling in a 15 foot shark into a 20 ft boat, I'd like to make sure it was pretty dead before hauling it onto my decking. A rifle or shotgun might not be the best tool.

KBCraig · Post by **KBCraig** » Sun Dec 10, 2006 6:08 pm

Liberty wrote:Fishing is specifically mentioned in the rules.

But the "rules" are about a wide variety of weapons, including spears and clubs, that might apply to fishing. It's not all about handguns.

That said, a .22 pistol or a .38 loaded with snakeshot are pretty common to some kinds of fishing.

Kevin

txinvestigator · Post by **txinvestigator** » Sun Dec 10, 2006 6:30 pm

Liberty wrote:
KRM45 wrote:My two cents...

Hunting... Yes

Fishing... That would be a stretch

.
Fishing is specifically mentioned in the rules. Ive seen some of these small boats folks take offshore here. Before hauling in a 15 foot shark into a 20 ft boat, I'd like to make sure it was pretty dead before hauling it onto my decking. A rifle or shotgun might not be the best tool.

It mentions fishing but also adds, "if the weapon is a type commonly used in the activity".

I have seen people use dynamite to fish, but not handguns.

Greybeard · Post by **Greybeard** » Sun Dec 10, 2006 8:11 pm

Some pretty solid comments above.

Quote: " Not to mention drug addicts, meth cookers and other miscreants commonly found these days almost everywhere. "

Another real good reason to just get the CHL and be done with it - a whole lot cleaner.

Texas Parks and Wildlife went to the extent a few years ago of confirming in their publications that CHL holders CAN carry on public hunting lands under their control - so long as CHL laws (concealed) are followed. I've had some bow hunters take CHL class to be able to legally carry a handgun (for self defense purposes) when bow hunting during archery season (where otherwise, carrying firearms is specifically prohibited on both public and private land).

Liberty · Post by **Liberty** » Sun Dec 10, 2006 9:50 pm

txinvestigator wrote:
It mentions fishing but also adds, "if the weapon is a type commonly used in the activity".

I have seen people use dynamite to fish, but not handguns.

In These parts, having a gun while going out into the Gulf is common. I wouldn't go without, too many legless and two legged sharks out there.

Having a handgun while going out in the Gulf, One would be covered by "traveling" as well as the boat being ones home.

txinvestigator · Post by **txinvestigator** » Mon Dec 11, 2006 10:22 am

Liberty wrote:
txinvestigator wrote:
It mentions fishing but also adds, "if the weapon is a type commonly used in the activity".

I have seen people use dynamite to fish, but not handguns.
In These parts, having a gun while going out into the Gulf is common. I wouldn't go without, too many legless and two legged sharks out there.

Having a handgun while going out in the Gulf, One would be covered by "traveling" as well as the boat being ones home.

Which begs the question, how far out in the Gulf IS Texas law enforceable?

Edit; I found this: GULF OF MEXICO (25)
The Gulf of Mexico covers about 600,000 square miles; Texas has
jurisdiction over less than 1 percent of the total surface area. The
open water portion of the Gulf in Texas covers approximately
3,879 square miles and includes 624 shoreline miles.

The stateâ€™s area of jurisdiction in the Gulf
of Mexico extends from the mean high water mark out to
10.36 miles into the Gulf, in the area between Sabine
Pass to the north and Brazos Santiago Pass to the south.

KBCraig · Post by **KBCraig** » Mon Dec 11, 2006 10:47 am

txinvestigator wrote:Which begs the question, how far out in the Gulf IS Texas law enforceable?

Beyond that point, wouldn't the rules be up to the captain of the vessel?

txinvestigator · Post by **txinvestigator** » Mon Dec 11, 2006 12:28 pm

KBCraig wrote:
txinvestigator wrote:Which begs the question, how far out in the Gulf IS Texas law enforceable?
Beyond that point, wouldn't the rules be up to the captain of the vessel?

I have no idea.

KRM45 · Post by **KRM45** » Mon Dec 11, 2006 8:25 pm

txinvestigator wrote:
FIxed it.

Good catch!

Thanks.

TexasCHLforum.com

Open Carry While Hunting Or Fishing

Open Carry While Hunting Or Fishing

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