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#6924294 - 12/08/11 11:20 PM Gun possession while bank fishing?
fromabuick8 Offline
Outdoorsman

Registered: 05/07/10
Posts: 31
Loc: China Spring, TX 76633
I do not have my CHL. Just haven't gotten around to taking the class. I was wondering what the current law was to carrying a small handgun in my tackle bag ((not on my person)). I was banking at my local hotspot when I heard a loud truck pull up to where I was parked. So I thought "hey at least I won't waste these minnows and shad." but after 4 or 5 minutes of the truck running, no one ever came down the rocks to fish. I got this sickening feeling in the bottom of my stomach for some reason. The sun is down by now but it's still lit by clouds so I could see what I was doing at my fishing spot. I hate lighting a lantern because of the bugs. I go running up the rocky trail with my bait knife and flashlight and there's a kid maybe 15 or 16 looking In the back of my truck. I scream "what in the hell ar you doing looking in my truck!" so I immediately flash my light to make sure he hadn't broken my windows. He muttered something about his daddy and a gas tank and I said " I'm getting the Sheriff on the phone. Get the hell out of here" and I could hear the driver ((not his daddy, another teenager)) say "hurry man hurry" and they sped off. He didn't do anything to my truck or steal anything but it was still a scary experience.

I was justd curious as to the legality of carrying a small revolver, say a .22 in my bag for protection just incase I encounter something I can't yell myself out of. I am planning a career in law enforcement so I don't have any room for trouble. Should I just hold off until I get my CHL? I'm sure this has been discussed a million times here but I couldn't find anything.

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#6924326 - 12/08/11 11:47 PM Re: Gun possession while bank fishing? [Re: fromabuick8]
HaRyan Offline
Pro Angler

Registered: 10/26/09
Posts: 659
Loc: Nacogdoches, TX
I'm pretty sure you have to have your chl but I am not positive. The castle rule only applies to your house and vehicle. Since you wouldn't have it on your person I am not sure where it falls. Best bet it to call local leo or game warden imo
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#6924330 - 12/08/11 11:54 PM Re: Gun possession while bank fishing? [Re: fromabuick8]
Caribou Online   shocked
TFF Celebrity

Registered: 05/20/11
Posts: 5395
Loc: Watauga, TX
There was a post here a couple weeks ago, about a guys buddy who was arrested for carrying a weapon without a chl at the lake. As was stated above, I would call to be sure, but I'm pretty sure you cannot carry, even in your tackle box.
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#6924406 - 12/09/11 02:44 AM Re: Gun possession while bank fishing? [Re: fromabuick8]
*Mr. Fabulous* Offline
TFF Celebrity

Registered: 04/18/10
Posts: 6847
Loc: Burleson, Tx.
go to open freshwater and go back and look at the post where guy bailed his buddy out of jail for that........

here it is: http://texasfishingforum.com/forums/ubbthreads.php/topics/6795723/JAILED#Post6795723
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#6924416 - 12/09/11 04:03 AM Re: Gun possession while bank fishing? [Re: fromabuick8]
KatNabber Offline
Outdoorsman

Registered: 07/20/11
Posts: 35
Loc: Ft.W, TX
Wait for a chl, I know from personal experience. I had my thunder in my gear bag while bank fishing at lake Ray Bob, I catfish a lot which usually results in late nights that was my protection especially if your by yourself. Game warden pulls up asks to see my fishing license I show him, then he wants to search my gear bag I tell him whats in there including my pistol trying to be honest with him. Results in a ticket. Chl class and carry license fee is cheaper than that ticket.
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#6924649 - 12/09/11 07:50 AM Re: Gun possession while bank fishing? [Re: fromabuick8]
Jimlakeside Offline
Outdoorsman

Registered: 08/30/10
Posts: 87
Loc: Lake Texoma
A person commits an offense of unlawfully carrying a weapon if the person intentionally, knowingly, or recklessly carries a handgun on or about his or her person unless the person is on one’s own premise or premises under the person’s control or inside of or directly en route to a motor vehicle that is owned by the person or under the person’s control.

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#6924851 - 12/09/11 09:14 AM Re: Gun possession while bank fishing? [Re: Jimlakeside]
badgrandad Offline
Angler

Registered: 07/08/08
Posts: 320
Loc: Fort Worth, Texas
Section 46.15 of the Texas Penal Code States (b) Section 46.02 (UCW) does not appy to a person who:

(3) is engaged 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 motor vehicle or watercraft, if the weapon is a type commonly used in the activity;

Now I understand that a pistol may not be a type of weapon "commonly used in the activity" (of fishing)but what weapon is? Clearly the law anticipates fishermen (and women) needing to carry a firearm. The problem in the other post may lie in the fact that some lakes no firearms are allowed.
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#6924856 - 12/09/11 09:16 AM Re: Gun possession while bank fishing? [Re: fromabuick8]
crappiecrzy Offline
Pro Angler

Registered: 03/27/09
Posts: 939
Loc: Gainesvill Cooke county
Open carry law don't hide it. ITS YOUR RIGHT.

I started open carrying my colt at first ppl would stare and avoid me now there use to seeing it. You know the constitution is like your car if you don't use it it stops working.
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#6925065 - 12/09/11 10:37 AM Re: Gun possession while bank fishing? [Re: fromabuick8]
howicatchum Offline
Outdoorsman

Registered: 02/02/09
Posts: 21
CHL is a must. The open carry law in Texas is still on the table and has not passed yet. I carry because of HOGS where I fish. I have run into bunches of them and don't care to be chased up a tree so I carry for my protection. I've been approached several times by Denton County GW and we have discussed it, I am a CHL holder and he asked to see it. Once I showed him, we talked in detail about it and without it, it is just like you carrying your weapon into a grocery store concealed without a permit. Same laws apply.

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#6927114 - 12/10/11 12:44 AM Re: Gun possession while bank fishing? [Re: fromabuick8]
Big cat hunter Offline
Outdoorsman

Registered: 11/23/11
Posts: 185
Loc: Austin/Waco, Tx,
Without a CHL other than on private property, it is illegal to carry a handgun on your person in the state of Texas no debate there. If you are fishing privately owned land, even if open to the public, ask the land owner for written consent to carry a handgun to be legal about it. I can think a loop hole to not being able to carry a pistol which is to carry a long gun.
By definition a long gun is any gun that has a 18 inch minimum barrel length and an over all length of 24 inches. These gun would be legal to carry. I do not know for a fact, but would recommend that you not carry inside city limits. I do however know that it is illegal to carry in any state park, and w/o a CHL to carry on any public park or areas. I make this loop hole assumption based on what I have read and what I was told by a Williamson county police officer.
I was out bowfishing and a bicycle cop stopped me and told me I had to leave because I was in a city park with a firearm(my bow). I had no clue that I was in any said area. I knew for fact that I was out of city limits and I was not endangering anyone. As far as I knew I was not breaking a law. All there was to this place was a dirt hike n' bike trail 20 yards from the river, some trees and a walking bridge 300 yards down river. No houses for close to a quarter mile. The area was secluded and rarely visited by people. In the two dozen times that I had previously fished the location, I had only seen maybe five people total. I was kinda mad and but mainly confused by his accusations. I had the police officer define just what a city park is to me so I know where and where not to bowfish. He replied that basically any area that is lighted by the city, has a walking/biking trail, has pavilions and/or picnic tables/benches and is managed by the city, T.P.W, or parks and recreation. At these areas it would be illegal to bowfish/ posses a firearm. According to the cop that I had the conversation with, any place you can legally bowfish you can have a firearm...So I am assuming that you SHOULD be able to carry a shotgun or a rifle. There is a slight chance I that am wrong, and that I was misinformed. Please correct me if I am wrong I welcome my ignorance to be corrected. I know that I did not misunderstand him, due to the 45 minute discussion with him on the subject. Please do your own research over local and state laws and that about the places you fish and let us know what you learn.
It is yours just as it is my responsibility to know and protect our rights as American's. Support the second amendment. Support the NRA and TSRA. Other wise we will end up like mexico. With guns banded and no way to protect your family and loved ones. Don't mean to offend anyone, mexico is a great place except for all the drug wars, kid napping's, murders, gangs, and poverty. but on a different note, I would recommend a Remington 870 20g chambered in 3" in the youth model, or I am not sure of the make but its the rifle version of the Judge 410/45 revolver. You can have for say two 410 rounds of 3" 00 buck shot followed by 3 hollow point .45cal rounds. And for those of us who are tight on money you can go to most pawn shops and pick up a single shot, break over action, new england firearms shotgun in your choice of 12 or 20gauge that's chamber from 2 3/4 up to 3 1/2" for around $75-$120.
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#6928013 - 12/10/11 01:04 PM Re: Gun possession while bank fishing? [Re: Big cat hunter]
Dmcputtz Offline
Pro Angler

Registered: 06/23/06
Posts: 512
Loc: Bryan, TX
Good topic.
My grandfather always carried a .45 in the boat with him when we went fishing. I first saw him use it on a HUGE snake about 30 yrs. ago when we were tied up next to the bank fishing. More gators and snakes then. But I recall him saying that he knew of friends who had boat trailers stolen and trucks broken into and he was "prepared.". And no CHL rules then that I can remember.

Lawyers can find loop holes to seemingly everything. There are no Grey Areas with criminals in the act. I would still get a CHL. It not only provides you with the legalities of carrying the handgun but also more education.
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May 2009
Columbia River,
just west of Camas, Washington
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#6928103 - 12/10/11 01:42 PM Re: Gun possession while bank fishing? [Re: fromabuick8]
thumbhookedagain Offline
Outdoorsman

Registered: 12/10/11
Posts: 96
Loc: Hebron
I have been carrying my a taurus 817 .38 while fishing LL and RayBob for years. I have been stopped a few times by GW's and never had any issues or problems. I do have a CHL but have never been ask to see it. I was talking to a police officer in Lewisville at a ramp loading the boat and he looked at it and never said a word about carrying it. Anyway, to be careful go a head and get your CHL and you will be covered and well educated.

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#6947409 - 12/16/11 07:28 AM Re: Gun possession while bank fishing? [Re: thumbhookedagain]
tgravley aka stinkbait tom Online   content
TFF Celebrity

Registered: 02/06/09
Posts: 8076
Loc: highland village/lake Lewisvil...
be careful carrying on lewisville or any other corp lake. it is a federal offence to have it on federal property with or without a chl
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#6969234 - 12/23/11 12:36 AM Re: Gun possession while bank fishing? [Re: badgrandad]
Justin Wilcox Offline
Angler

Registered: 08/07/10
Posts: 382
Loc: Sulphur Springs
Originally Posted By: badgrandad
Section 46.15 of the Texas Penal Code States (b) Section 46.02 (UCW) does not appy to a person who:

(3) is engaged 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 motor vehicle or watercraft, if the weapon is a type commonly used in the activity;

Now I understand that a pistol may not be a type of weapon "commonly used in the activity" (of fishing)but what weapon is? Clearly the law anticipates fishermen (and women) needing to carry a firearm. The problem in the other post may lie in the fact that some lakes no firearms are allowed.


It's interpretation of laws like this that get people into trouble. A firearm is not commonly used in the stated activities but they are used in hunting. With fishing you can carry knives that would otherwise be considered legal. The law does not anticipate fishermen (or women) needing to carry a firearm.

Frankly don't look for legal advice on a fishing forum. Call your local constabulary or talk to a lawyer who deals in firearm legalities. Asking for legal advice on this site is ludicrous.

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#6969252 - 12/23/11 01:38 AM Re: Gun possession while bank fishing? [Re: Justin Wilcox]
atxbandit Offline
Outdoorsman

Registered: 02/22/07
Posts: 116
Loc: Austin, TX
Originally Posted By: Justin Wilcox


Frankly don't look for legal advice on a fishing forum. Call your local constabulary or talk to a lawyer who deals in firearm legalities. Asking for legal advice on this site is ludicrous.


This is good advice. I wouldn't necessarily trust what an officer says either. They aren't always right. Your best bet would be to ask a lawyer.
The OP should go ahead and get a chl. The instructer should be able to answer most of your questions. Even with chl you cannot carry at COE parks/lakes but state parks you can.

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#6977909 - 12/26/11 02:08 PM Re: Gun possession while bank fishing? [Re: fromabuick8]
mbell23 Offline
Outdoorsman

Registered: 12/09/11
Posts: 98
Loc: Fortworth tx
Once got in trouble for carrying a handgun while fishing a creek. Was carrying for hogs and coyotes . I went to academy and purchased an air pistall. It will not kill but it sure hurts.

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#6978063 - 12/26/11 03:28 PM Re: Gun possession while bank fishing? [Re: mbell23]
uncle_bagster Online   content
Pro Angler

Registered: 01/12/07
Posts: 527
Originally Posted By: mbell23
Once got in trouble for carrying a handgun while fishing a creek. Was carrying for hogs and coyotes . I went to academy and purchased an air pistall. It will not kill but it sure hurts.


What about toting a black powder six-shooter? Those dudes have put many a man in the ground. The last I heard, they're not classified as a firearm.

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#6979590 - 12/27/11 07:30 AM Re: Gun possession while bank fishing? [Re: mbell23]
fiSherwood Offline
TFF Team Angler

Registered: 01/02/07
Posts: 4589
Loc: West Houston
Originally Posted By: mbell23
Once got in trouble for carrying a handgun while fishing a creek. Was carrying for hogs and coyotes . I went to academy and purchased an air pistall. It will not kill but it sure hurts.
And how many times have you needed either of them?
I have spent thousands of hours bankside, and have never been threatened by any animal or human except for a couple of pet dogs...
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Brian Sherwood


Carp Anglers Group Forums
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#6979775 - 12/27/11 08:57 AM Re: Gun possession while bank fishing? [Re: Justin Wilcox]
chuckwagon Online   content
TFF Celebrity

Registered: 04/01/03
Posts: 9086
Loc: Shady Palms Trl. park, lot 17
[quote=Justin Wilcox Asking for legal advice on this site is ludicrous. [/quote]



LOL! Now that is an UNDERSTATEMENT of the year sentence!! rolfmao
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#6980553 - 12/27/11 01:06 PM Re: Gun possession while bank fishing? [Re: fromabuick8]
Minnowfish Offline
Outdoorsman

Registered: 09/16/09
Posts: 30
If you want to carry a pistol in Texas on public land while fishing, you had better have a CHL or be prepared for a car ride to the pokey. If you are on Amry Corp of Engineer property which a lot of lakes in Texas are controlled by, which will include much of if not all the surrounding property, no firearms including air pistols/rifles are permitted unless legally hunting. Even then, you can't pack a pistol, only the permitted method for taking the game you are chasing. (Federal)
Texas CHL holders (since it's relevant in the real world) are required by law to notify any law enforcement officer that they are carrying a firearm and must supply said license upon direct contact. This includes game wardens as well as federal LE officers. National Parks as well as national forest are ok to carry in now assuming the state where they are located, permits carry. Here in Texas (fisherman) you had better be aware while on Army Corp of Engineer lakes and surrounding controlled properties including lake parks, you are not permitted to pack a pistol legally.
A state licensed CHL in this case does not override Federal law. The good news is that some conscious law makers are working on an amendment to this.
Bill introduced to lift Army Corp of Engineers gun ban


Edited by Minnowfish (12/27/11 01:10 PM)

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#6987432 - 12/29/11 09:06 AM Re: Gun possession while bank fishing? [Re: fromabuick8]
r63pappy Offline
Extreme Angler

Registered: 05/28/10
Posts: 1112
Loc: alvarado
my dad always said{I would rather be tried by 12,than carried by 6.}i go and lead go too.
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#6999793 - 01/01/12 07:38 PM Re: Gun possession while bank fishing? [Re: r63pappy]
Baloo56 Offline
Outdoorsman

Registered: 07/09/11
Posts: 52
Loc: Highland Village
Originally Posted By: r63pappy
my dad always said{I would rather be tried by 12,than carried by 6.}i go and lead go too.


Well said. If you can get a CHL you should, no if, and, or buts about it!

I do a good amount of night fishing with my son and I will always carry (I do have a CHL, but I fish Cor lakes too). I know I can have another kid, but I sure hate the diaper years. lol

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#7120947 - 02/01/12 10:41 PM Re: Gun possession while bank fishing? [Re: fromabuick8]
nightmare of fish Offline
Outdoorsman

Registered: 02/01/12
Posts: 59
Loc: lake side
well is saw the post about what weapon is commonly used in fishing. wel i dont know but i think it could be a good idea to have even if its not for protecting yourself against another human being the other day i hooked into a 2 foot across turtleeventually he bit through my hook but the whole time i was tryin to figure out what i was going to do woith the thing when i got it in. i was beginning to think turtle soup till he bit through the hook.
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