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Re: Open carry while fishing?
[Re: Toua]
#11482443
03/17/16 02:20 AM
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Joined: Sep 2005
Posts: 27,569
Uncle Zeek
aka "Dad"
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aka "Dad"
Joined: Sep 2005
Posts: 27,569 |
I do not have my CHL just yet and was told by a coworker I can open carry while fishing but, that last sentence concerns me. Can anyone shine some light on this? I'd appreciate it. Thanks! Go take the LTC class. Your instructor will cover most of the applicable laws and can answer these type of questions for you. Even with a license to carry, there are some places you still may not possess a handgun. As others have pointed out, you don't need an LTC for a long gun, but there are still places you are prohibited from carrying one of those too. You need to know what kind of property you're on in order to know whats legal.
"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein Artim Law Firm, PLLC Estate planning & tax attorney 2250 Morriss Road, Suite 205, Flower Mound, Texas 75028 972-746-0758 mobile zac@artimlegal.com
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Re: Open carry while fishing?
[Re: Bob Landry]
#11482733
03/17/16 05:34 AM
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Joined: Jan 2014
Posts: 1,902
fmrmbmlm
Extreme Angler
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Extreme Angler
Joined: Jan 2014
Posts: 1,902 |
Now we're splitting hairs on technicalities. She told me since the law had no specification of where the handgun could be in a vehicle, just concealed, you could have it on your person while in a vehicle. It must remained concealed, and removed before exiting the vehicle, keeping it concealed at all times. What's the point of having it on your person inside the vehicle? I can get to my concealed handgun in my vehicle faster than I could undo my seatbelt and draw my holstered weapon. By the way, when an officer stops you and asks you to exit the vehicle, try explaining to him why you need to remove your concealed handgun from your hip and re-conceal it before you exit the vehicle. I'm sure a call to Sherry by the officer would clear things up. Only, this would be after you are arrested. I think you must declare if you have a LTC. You don't need to explain that. If you do not have a LTC,and you have a firearm concealed on your person. you need to inform the officer that you have a concealed handgun on your person and ask him how he would like for you to proceed and no on gets stressed. You are not required by law to tell him you are armed, but it will go a lot better if he knows you have a weapon up front than if your shirt blows up and he gets a surprise. If it's concealed in the vehicle you don't need to even tell him its there unless you have a LTC then by law you have to inform him that you have a weapon. Since 30.07 is an extension of 30.06 it stands to reason that you can open carry anywhere concealed carry is legal unless posted or you are informed otherwise. This would include state parks, LCRA controlled areas and waters and county property, anywhere but in the buildings and offices. Carry is not permitted on COE property or waters. That is my understanding of the law as written, but I would seek clarification from a game warden or Lake Patrol in the area you are going to be in. Bottom line is, a LTC covers a lot of potentially bad situations.
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Re: Open carry while fishing?
[Re: erittmueller]
#11482760
03/17/16 06:55 AM
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Joined: Aug 2013
Posts: 898
kickingback
Pro Angler
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Pro Angler
Joined: Aug 2013
Posts: 898 |
I cherish the thought that I will be the first to be called out becasue I am carrying. I have been and will continue to carry open since the beginning of the year. I have had no issues except people that stare at the gun because it is new for them to see someone other than police carrying. I do not carry on a state park lake as they have signs stating you cannot carry. If they changed the law and you can carry I would be certain and ask first. Your best bet if you want to keep your license. Besides, why would someone need a gun on the water? Do you believe someone might try to rob or kill you on the water? Personally I don't think so. Have never seen stats on this but I would bet it is extremely low or non existent. Guns are for our protection and I do not feel threatened enough on the water to carry to defend myself or others. Besides. It is more weight on you if you go overboard. Leave it at home or in the car I say.
Last edited by kickingback; 03/17/16 06:58 AM.
USAF Retired and Fishing!
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Re: Open carry while fishing?
[Re: General Jigs]
#11482848
03/17/16 11:54 AM
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Joined: Aug 2003
Posts: 30,321
RedRanger
burro desagradable
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burro desagradable
Joined: Aug 2003
Posts: 30,321 |
I've just recently moved to Texas and have a question in regards to open carry while fishing. The reason why I am asking is because while fishing last weekend with my brother, we encountered a few coyotes that were not so afraid of people. Luckily for us, there were other anglers around to help scare them away. I don't quite understand the last sentence:
-A person engaed in lawful fishing, hunting, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premisses and the persons' residence or motor vehicle, if the firearm is a type commonly used in the activity.
If the firearm is a type used in the activity? Who uses a firearm to fish? I just want it for protection just in case. I do not have my CHL just yet and was told by a coworker I can open carry while fishing but, that last sentence concerns me. Can anyone shine some light on this? I'd appreciate it. Thanks! Unfortunately it is against the law to carry handguns or rifles on corp property. It is illegal to carry any weapon on corp property without the proper permit. What is the proper permits to carry Corp property? Everything I read and have read basically says it is illegal to carry
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Re: Open carry while fishing?
[Re: Toua]
#11483140
03/17/16 02:05 PM
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Joined: Aug 2009
Posts: 11,146
9094
TFF Guru
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TFF Guru
Joined: Aug 2009
Posts: 11,146 |
If you are worried about wild animals both 2 and 4 legged carry a can of bear pepper spray gel with you. It will shoot 40 foot and there isn't a coyote alive that will stick around after a shot of it. Plus you are not breaking any laws.
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Re: Open carry while fishing?
[Re: Cast]
#11483291
03/17/16 03:10 PM
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Joined: Dec 2014
Posts: 1,665
Muzzlebrake
Extreme Angler
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Extreme Angler
Joined: Dec 2014
Posts: 1,665 |
Always hand the officer your TDL and your LTC. He will thank you and hand the LTC back. This. It kept me from getting a ticket one time in Oklahoma. The nice officer then wanted to know what pistol mfg I was carrying and then talked about guns for a while before sending me on my way. I think he was some sort of gun nut.
From Genesis: "And God promised men that good and obedient wives would be found in all corners of the earth."
Then He made the earth round...and He laughed and laughed and laughed!
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Re: Open carry while fishing?
[Re: kickingback]
#11483534
03/17/16 05:24 PM
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Joined: Jul 2008
Posts: 588
badgrandad
Pro Angler
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Pro Angler
Joined: Jul 2008
Posts: 588 |
Besides, why would someone need a gun on the water? Do you believe someone might try to rob or kill you on the water? Personally I don't think so. Have never seen stats on this but I would bet it is extremely low or non existent. Guns are for our protection and I do not feel threatened enough on the water to carry to defend myself or others. Besides. It is more weight on you if you go overboard. Leave it at home or in the car I say.
Because you may want to protect yourself and property from the dangers you could encounter at remote boat ramps and parks early in the morning or late at night when you are going to or from your vehicle.
Just because you can, doesn't mean you should!
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Re: Open carry while fishing?
[Re: Toua]
#11483538
03/17/16 05:27 PM
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Joined: Jul 2008
Posts: 588
badgrandad
Pro Angler
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Pro Angler
Joined: Jul 2008
Posts: 588 |
You also have the right to carry a weapon (presumably concealed) without a LTC to and from your vehicle to your residence, whether your "residence" is a house, RV or hotel/Motel
Just because you can, doesn't mean you should!
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Re: Open carry while fishing?
[Re: badgrandad]
#11485051
03/18/16 10:22 AM
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Joined: Aug 2013
Posts: 898
kickingback
Pro Angler
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Pro Angler
Joined: Aug 2013
Posts: 898 |
Besides, why would someone need a gun on the water? Do you believe someone might try to rob or kill you on the water? Personally I don't think so. Have never seen stats on this but I would bet it is extremely low or non existent. Guns are for our protection and I do not feel threatened enough on the water to carry to defend myself or others. Besides. It is more weight on you if you go overboard. Leave it at home or in the car I say.
Because you may want to protect yourself and property from the dangers you could encounter at remote boat ramps and parks early in the morning or late at night when you are going to or from your vehicle. Uh...what part of "on the water" did you not understand? I said to leave it in the car. If you need it at the ramp to pop a cap then then you have it on you but not on the water like I said. Apparently you misread or didn't read it right.
USAF Retired and Fishing!
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Re: Open carry while fishing?
[Re: Bob Landry]
#11485109
03/18/16 11:45 AM
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Joined: Mar 2010
Posts: 3,606
ChuChu1
TFF Team Angler
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TFF Team Angler
Joined: Mar 2010
Posts: 3,606 |
Now we're splitting hairs on technicalities. She told me since the law had no specification of where the handgun could be in a vehicle, just concealed, you could have it on your person while in a vehicle. It must remained concealed, and removed before exiting the vehicle, keeping it concealed at all times. What's the point of having it on your person inside the vehicle? I can get to my concealed handgun in my vehicle faster than I could undo my seatbelt and draw my holstered weapon. By the way, when an officer stops you and asks you to exit the vehicle, try explaining to him why you need to remove your concealed handgun from your hip and re-conceal it before you exit the vehicle. I'm sure a call to Sherry by the officer would clear things up. Only, this would be after you are arrested. You don't need to explain that. If you do not have a LTC,and you have a firearm concealed on your person. you need to inform the officer that you have a concealed handgun on your person and ask him how he would like for you to proceed and no on gets stressed. You are not required by law to tell him you are armed, but it will go a lot better if he knows you have a weapon up front than if your shirt blows up and he gets a surprise. If it's concealed in the vehicle you don't need to even tell him its there unless you have a LTC then by law you have to inform him that you have a weapon. Since 30.07 is an extension of 30.06 it stands to reason that you can open carry anywhere concealed carry is legal unless posted or you are informed otherwise. This would include state parks, LCRA controlled areas and waters and county property, anywhere but in the buildings and offices. Carry is not permitted on COE property or waters. That is my understanding of the law as written, but I would seek clarification from a game warden or Lake Patrol in the area you are going to be in. Bottom line is, a LTC covers a lot of potentially bad situations. Please explain that comment. If you do not have a CHL/LTC it is illegal to have a concealed firearm and you will be arrested.
Snowflakes and entitled brats will be the doom of America!
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Re: Open carry while fishing?
[Re: Toua]
#11485180
03/18/16 12:40 PM
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Joined: Apr 2014
Posts: 258
Undertaker56
Angler
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Angler
Joined: Apr 2014
Posts: 258 |
I you don't have an LTC and you are walking around with a gun you most likely get arrested for not having a license to carry. That is of course if you are flashing it around..
I'm the last one to let you down!!!
Yes I am a real Undertaker.. I will give up my rod when you pry my cold dead hands off of it!!!!
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Re: Open carry while fishing?
[Re: kickingback]
#11485285
03/18/16 01:18 PM
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Joined: Jul 2008
Posts: 588
badgrandad
Pro Angler
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Pro Angler
Joined: Jul 2008
Posts: 588 |
Besides, why would someone need a gun on the water? Do you believe someone might try to rob or kill you on the water? Personally I don't think so. Have never seen stats on this but I would bet it is extremely low or non existent. Guns are for our protection and I do not feel threatened enough on the water to carry to defend myself or others. Besides. It is more weight on you if you go overboard. Leave it at home or in the car I say.
Because you may want to protect yourself and property from the dangers you could encounter at remote boat ramps and parks early in the morning or late at night when you are going to or from your vehicle. Uh...what part of "on the water" did you not understand? I said to leave it in the car. If you need it at the ramp to pop a cap then then you have it on you but not on the water like I said. Apparently you misread or didn't read it right. Perhaps you didn't realize you may encounter trouble when you get out of your boat and are on your way back to your vehicle? Then what are you going to do? Also leaving a weapon in the vehicle is a great way to get it stolen. You don't have to open carry it in your boat but if you don't have a weapon with you it is useless for your defense.
Just because you can, doesn't mean you should!
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Re: Open carry while fishing?
[Re: Toua]
#11485519
03/18/16 03:02 PM
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Joined: Jan 2014
Posts: 1,902
fmrmbmlm
Extreme Angler
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Extreme Angler
Joined: Jan 2014
Posts: 1,902 |
ChuChu we were commenting about having it on your person in a vehicle, you don't need a LTC to have it in you vehicle as long as it remains completely concealed. You may also legally carry it concealed but not on your person from a domicile to your vehicle and vise versa, that includes hotels and motels. You don't need one to carry on your own property or some other individual's as long as they gave you permission. When you leave it in your vehicle you are responsible to not have it easily accessible to someone that breaks into your car.
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Re: Open carry while fishing?
[Re: fmrmbmlm]
#11485626
03/18/16 04:03 PM
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Joined: Mar 2010
Posts: 3,606
ChuChu1
TFF Team Angler
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TFF Team Angler
Joined: Mar 2010
Posts: 3,606 |
ChuChu we were commenting about having it on your person in a vehicle, you don't need a LTC to have it in you vehicle as long as it remains completely concealed. You may also legally carry it concealed but not on your person from a domicile to your vehicle and vise versa, that includes hotels and motels. You don't need one to carry on your own property or some other individual's as long as they gave you permission. When you leave it in your vehicle you are responsible to not have it easily accessible to someone that breaks into your car. If you have a firearm concealed on your person, in or out of your vehicle, and no LTC, you will be arrested.
Snowflakes and entitled brats will be the doom of America!
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Re: Open carry while fishing?
[Re: ChuChu1]
#11485968
03/18/16 07:05 PM
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Joined: Feb 2006
Posts: 3,774
bronco71
TFF Team Angler
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TFF Team Angler
Joined: Feb 2006
Posts: 3,774 |
ChuChu we were commenting about having it on your person in a vehicle, you don't need a LTC to have it in you vehicle as long as it remains completely concealed. You may also legally carry it concealed but not on your person from a domicile to your vehicle and vise versa, that includes hotels and motels. You don't need one to carry on your own property or some other individual's as long as they gave you permission. When you leave it in your vehicle you are responsible to not have it easily accessible to someone that breaks into your car. If you have a firearm concealed on your person, in or out of your vehicle, and no LTC, you will be arrested. Wrong, you can carry in your vehicle without a LTC but it MUST be concealed, either on or off your person.....but it is still better to get the LTC because a LOT of the LEO's don't know the law.
Last edited by bronco71; 03/18/16 07:07 PM.
1987 Nitro MX185/Mercury Black Max 150 1999 Triton TX21/225 Mercury Optimax
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