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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: me and the boys]
#6063193
04/13/11 05:08 AM
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Joined: Apr 2009
Posts: 226
Rugby55
Outdoorsman
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Outdoorsman
Joined: Apr 2009
Posts: 226 |
Sorry but I respectfully disagree - a motorized vehicle in Texas Penal Code 46.02 does not include a boat. The law I am thinking of has to do with the lake and who controls the rules and regulations of each lake. It may be the State, but I will call a game warden I know tomorrow and ask him.
Twenty years from now, you will be more disappointed by the things you didn't do, than by the ones you did do. Mark Twain.
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: Rugby55]
#6063529
04/13/11 12:17 PM
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Joined: May 2009
Posts: 7,702
nethingthatbites
TFF Celebrity
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TFF Celebrity
Joined: May 2009
Posts: 7,702 |
MAGA
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: Rugby55]
#6063627
04/13/11 12:53 PM
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Joined: Jul 2008
Posts: 132
BassKicker24
Outdoorsman
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Outdoorsman
Joined: Jul 2008
Posts: 132 |
Sorry but I respectfully disagree - a motorized vehicle in Texas Penal Code 46.02 does not include a boat. The law I am thinking of has to do with the lake and who controls the rules and regulations of each lake. It may be the State, but I will call a game warden I know tomorrow and ask him. You are right about the vehicle. I finally found it. It has been a while since I dealt with the Traffic code. I might be wrong here (would not be the first time). On the TPWD web site it cites Chapter 46 of the penal code under it rules for weapons violations. Chapter 46.03 Places weapons Prohibited mentions nothing about a waterway boat or watercraft being a prohibited place. I would be interested in what the Game Warden has to say, as all I know is Chapter 46 and would go by that. I don't patrol on the water and there might be a section that deal specifically with water ways that. Please post his answer and where he got it from.
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: BassKicker24]
#6064361
04/13/11 03:43 PM
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Joined: Apr 2009
Posts: 226
Rugby55
Outdoorsman
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Outdoorsman
Joined: Apr 2009
Posts: 226 |
BassKicker - I think you are correct. I spoke to my son, who is also a cop, and he thought it would be up to each individual lake regulations that controls whether or not you can have a firearm concealed on a boat while fishing. He was going to try to ask around.
I spoke to my friend a game warden and he said it is up to each individual lakes regulations. The lakes that he patrols, and is responsible for in East Texas, do not have any regulations prohibiting carrying a concealed weapon as long as you have a CHL, or carrying a firearm for hunting purposes. If you are carrying a firearm for hunting (e.g.; ducks), then the shotgun should be kept in the compartment unloaded until you are ready to hunt.
He said you need to check with each lake's game warden to see what that specific lake's regulations are. He thought the power plant lakes such as Squaw Creek (Glen Rose) might have restrictions but he wasn't 100% sure about that.
He gave me the name of another game warden for me to call and I will give him a call later today. I will post what I find out. But I think you are correct in your original post about it is up to the individual lake regulations.
Twenty years from now, you will be more disappointed by the things you didn't do, than by the ones you did do. Mark Twain.
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: Rugby55]
#6065013
04/13/11 06:19 PM
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Joined: May 2006
Posts: 2,661
Bass Johnson
Extreme Angler
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Extreme Angler
Joined: May 2006
Posts: 2,661 |
Spoke with a retired LEO at the gun show last weekend. They were up there selling their CHL class...which I will be attending in May. According to him, the castle doctrine will cover you to carry in your boat, camper or car as long as it is concealed and you aren't doing anything illegal (drinking alcohol and driving or doing anything with drugs etc). I don't carry, but as much night fishing as I do, I will probably start.
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: Bass Johnson]
#6065303
04/13/11 07:19 PM
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Joined: Mar 2003
Posts: 10,726
Fishin' Nut
TFF Guru
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TFF Guru
Joined: Mar 2003
Posts: 10,726 |
I do. Not because I expect trouble on the lake, but it's better than leaving it in my unoccupied vehicle.
He is truly a sick individual.
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: Fishin' Nut]
#6065327
04/13/11 07:25 PM
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Joined: May 2009
Posts: 10,318
Texan Til I Die
TFF Guru
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TFF Guru
Joined: May 2009
Posts: 10,318 |
Hand gun and fire extinguisher. Something you want to always have and never use.
"If ever time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin." - Samuel Adams
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: Texan Til I Die]
#6065456
04/13/11 07:48 PM
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Joined: Jan 2009
Posts: 50,040
fouzman
Methuselah
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Methuselah
Joined: Jan 2009
Posts: 50,040 |
"Things turn out best for those who make the best of the way things turn out" - Zachary Troy Schrah - a young man with vision far beyond his years.
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: fouzman]
#6065526
04/13/11 07:59 PM
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Joined: Jul 2004
Posts: 21,108
buda13
TFF Guru
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TFF Guru
Joined: Jul 2004
Posts: 21,108 |
Even with a CHL and the Castle Law it is illegal to carry a firearm on any Corps of Engineers Lake unless you are an LEO. If you fish tournaments on COE lakes and carry a firearm I'd be very quiet about it because you could be protested and DQ'ed for it. Just FYI.
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: BassKicker24]
#6066243
04/13/11 11:14 PM
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Joined: Nov 2008
Posts: 251
muddy_shoes
Angler
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Angler
Joined: Nov 2008
Posts: 251 |
Chapter 46 of the Texas Penal code. 46.02 unlawful carrying weapons. I beleive a boat is considerd a motorized vehicle. I cannot find that definition though. I beleive it is in the Transportation code somewhere.
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:(1) on the person's own premises or premises under the person's control; or(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:(1) the handgun is in plain view; or(2) 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;(B) prohibited by law from possessing a firearm; or(C) a member of a criminal street gang, as defined by Section 71.01. "Traveling" WAS defined in HB 823 -- Amends Penal Code 2.05, 46.15 and WAS made into law under 46.15(b)(3), and WAS this: [A person is presumed to be traveling if the person is: (1) in a private motor vehicle;
The 46.15(b)(3) 2005 definition of traveling has since been removed. Currently traveling is undefined. You have to convince a judge/jury you were traveling. If you are going from place A to place B, and get there by boat you might get around a vessel vs motor vehicle definition, though I doubt it. But if you haul a boat to a lake to fish, once you get to the fishing you are done traveling and have arrived. PC 46 Sec. 46.01. (a-2) extends "premises" to motor home and trailers w/living quarters. Nothing about boats and does not apply. Section 501.002, Transportation Code, defines motor vehicle: a motor driven or propelled vehicles requiring registration (by the Dept of Transportation. Note codes line up with dept names.) Im pretty sure a boat isnt a motor vehicle. Boats are defined as watercraft, not vehicles, defined in Sec. 31.003 of the P&WC. (1) "Boat" means a vessel not more than 65 feet in length, measured from end to end over the deck, excluding sheer. (2) "Vessel" means any watercraft, other than a seaplane on water, used or capable of being used for transportation on water. Boats/Vessels are registered by the Parks and Wildlife Department, not TxDoT, because they aren't motor vehicles, so I'm pretty sure TC501.002 will not apply. A tricky lawyer might convince a jury. I doubt it. Cheaper to get a CHL, and a lot less risky.
If I should go to meet my maker, please don't let my wife sell my fishing gear for what she thinks I spent on it!
~~~~~~~~~~ ><> ~~~~~~~~~~~~~~ This post is my opinion. I am not a lawyer. Check whatever I say with a lawyer.
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: muddy_shoes]
#6066761
04/14/11 01:21 AM
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Joined: Jul 2008
Posts: 132
BassKicker24
Outdoorsman
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Outdoorsman
Joined: Jul 2008
Posts: 132 |
Muddy Shoes- Read Chap 46. Traveling has been removed. As long as the handgun is concealed in the vehicle, you are allowed to carry it. That changed in August 2006. You are legal to carry in your vehicle. No need to convince a judge you were travelingCheck Chap 46.03 PLaces weapons prohibited. You cant have a firearm in you vehicle at certain places. I cannot find anywhere it prohibits carrying on a watercraft. The law has gray areas for sure. Just not convinced its illegal.
Buda 13-Where did you get the info about carrying on a COE lake? I would like to see it.
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: muddy_shoes]
#6066831
04/14/11 01:35 AM
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Joined: Sep 2008
Posts: 81
Capcom
Outdoorsman
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Outdoorsman
Joined: Sep 2008
Posts: 81 |
I have my gun on me all the time...I have a CHL..I also pay Texas Law shield to keep me covered..
Fishing Shirts, Caps, T-shirts, tackle with your logo on it we sell thousands of Promotional Advertising Products www.homerunpromotions.com
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: SkeeterRonnie]
#6068236
04/14/11 12:56 PM
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Joined: Jun 2009
Posts: 1,219
Choogie Chunker
Extreme Angler
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Extreme Angler
Joined: Jun 2009
Posts: 1,219 |
why? i see no need in carrying a gun. the rest of the world does not scare me. You might do well to think more about what is out there in the rest of the world. I worked in a maximum security prison for 20 years. I assure you there are people out there that would enjoy cutting your throat just to watch you scream, bleed, kick and die more than having sex or eating chocolate cake and ice cream. And a lot more who value the few dollars you have on you more than your life. They are not all behind bars. For everyone who is locked up there are many more who haven't been caught yet, have been caught and got off for some reason, or have been released on parole or because their sentence has been served. Many of these will commit new crimes. If my words scare you, then good. I would much rather you be scared by my post and be prepared if, God forbid, you should happen to run into one of these forms of humans than face the horror of being a victim of one. Ignoring the fact that these type people exist in the world may "feel good" at the moment but is absolutely no defense if one is encountered. Sorry if I mistook you meaning in the quoted post, but I have seen what some persons are capable of and the dreadful results of their actions. My only intent is to inform and hopefully prevent someone from falling victim to a violent crime.
'91 Skeeter 200SX Yamaha 200 ................................ It's hard to stumble when you're on your knees. ................................................ I'm not old. My bobbers just float a little lower than they used to.
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: Choogie Chunker]
#6068354
04/14/11 01:23 PM
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Joined: Jan 2008
Posts: 124
MuskogeeMac
Outdoorsman
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Outdoorsman
Joined: Jan 2008
Posts: 124 |
I recommend a glock 23. You can keep your judge.
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Re: Anyone carry their hand gun in their boat while they Fish?
[Re: muddy_shoes]
#6069264
04/14/11 05:14 PM
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Joined: Dec 2006
Posts: 207
Bassin Ed
Outdoorsman
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Outdoorsman
Joined: Dec 2006
Posts: 207 |
I would have to agree with carrying your hand gun concealed in the boat rather than in the car in an isolated parking lot. Car alarms are not much use if no one is in the parking lot to hear it. If I ever go back to Falcon Lake, my hand gun will be in easy reach.
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