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Concealed Carry on the Water?? #103604 08/12/05 01:56 PM
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Shane T. Offline OP
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I know we have some CHL folks on this board. How many of you carry on the water? Of those, how many have ever had their license checked while carrying...and how did the game warden handle it?

Re: Concealed Carry on the Water?? #103605 08/12/05 04:06 PM
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Mark S Offline
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As long as it isn't posted that weapons are not permitted I carry!


I feel more like I do now than I did when I first got here!
Re: Concealed Carry on the Water?? #103606 08/12/05 04:09 PM
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ChadK Offline
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I always carry. if asked for my Drivers Liscens, I always show my permit too.
I know there is a sign at the state park entrances, but not the LEGAL sign. I think this is pertaining to non-liscenesed carring of weapons.

Re: Concealed Carry on the Water?? #103607 08/12/05 04:14 PM
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Shane T. Offline OP
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Right, if it's not a 30.06 sign then it doesn't matter. I'm mostly just interested in seeing how many people carry on the water and how the game warden handled it when he found out they were carrying.

Re: Concealed Carry on the Water?? #103608 08/12/05 04:17 PM
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Patrick P Offline
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Don't leave home without it.

Re: Concealed Carry on the Water?? #103609 08/12/05 04:19 PM
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SandSpike Offline
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I carry on the water. When ask for a license on the water, they mean fishing license. There is no law that says when ask to present a fishing license that I have to show my CHL. So I don't.

Re: Concealed Carry on the Water?? #103610 08/12/05 04:27 PM
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fishmagnet Online Content
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Quote:
Originally posted by SandSpike:
I carry on the water. When ask for a license on the water, they mean fishing license. There is no law that says when ask to present a fishing license that I have to show my CHL. So I don't.
Same here!

My CHL is taped to the back of my DL, so when I hand them over, they're always together.

Gotten a few odd looks at the airline ticket counter when 'checking-in', the bank when making a withdrawl, and at the grocery store when writing a check, etc.

But, if I hand over my fishing license, the CHL permit ain't coming out, unless Mr. Warden asks for my drivers license to write me a ticket. fish


DJT
Re: Concealed Carry on the Water?? #103611 08/12/05 04:37 PM
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Shane T. Offline OP
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Quote:
Originally posted by SandSpike:
I carry on the water. When ask for a license on the water, they mean fishing license. There is no law that says when ask to present a fishing license that I have to show my CHL. So I don't.
I'm not so sure about that. Without quoting it directly, the law is that when a law enforcement officer asks for identification then you are required to show your CHL (if you are carrying). A game warden is definitely a LEO. I'm not sure whether a fishing license would be considered ID or not.

Re: Concealed Carry on the Water?? #103612 08/12/05 05:10 PM
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Devilfish Offline
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My dad is a CHL instructor and says that it is not mandatory to show the LEO your CHL license, but, you will make the entire situation more pleaseant if the LEO knows you are carrying and you are licensed to carry. I would say the same should go for a Game Warden. If he finds the gun on you later, he might not be as pleaseant to deal with. Avoid the hassle, show em your license and be nice.


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Re: Concealed Carry on the Water?? #103613 08/12/05 05:15 PM
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Bob Davis Online Content
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No problem, since it is NOT against the law to carry concealed on the water if you are CHL. Nor is it against the law to carry in State Parks. An executive order letter from TP&W is in effect stating that nothing prohibits legal CHL in State Parks.

Texas Law states that you must show your CHL if asked for IDENTIFICATION. If you are only asked to show your Fishing License, it is your call. Personally, if asked I probably would not volunteer it since it is not a form of ID. But, I would offer it definitely if asked for my Drivers License.


All of this info can be found at:
http://www.packing.org/state/texas/

Here is an excerpt from the Texas Code:

From TGC 411.205
411.205. DISPLAYING LICENSE; PENALTY. (a) 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. A person who fails or refuses to display the license and identification as required by this subsection is
subject to suspension of the person's license as provided by
Section 411.187.

And from the Packing.org Texas info, paraphrased:

If you are asked by a law enforcement officer to show ID (as in a traffic stop), you are REQUIRED to volunteer that fact you are armed by showing your CHL along with driver's license. When they run your DL, it will show if you have a [B]Texas Resident CHL, so they WILL find out. DPS says the first time you fail to show a CHL, you license 'may' be suspended for 90 days, the second time, 3 years and the third time it may be revoked. (I do not think they are enforcing this rigorously.) The third time 'might' be a Class B misdemeanor but the 2nd time would not. A Class B would result in an automatic revocation which costs your CHL for 5 years.


[Linked Image]


[Linked Image]




Re: Concealed Carry on the Water?? #103614 08/12/05 05:22 PM
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Shane T. Offline OP
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Quote:
Originally posted by Devilfish:
My dad is a CHL instructor and says that it is not mandatory to show the LEO your CHL license, but, you will make the entire situation more pleaseant if the LEO knows you are carrying and you are licensed to carry.
Devilfish, unfortunately your dad is misinformed. It is absolutely mandatory (by state law) to show your CHL license IF you are carrying and IF a LEO asks for your identification. Failing to do so can result in your CHL being suspended or revoked.

Refer your father to GC 411.205(a) in the Texas Concealed Handgun Law booklet (pg. 24).

Edit: I just saw Bob's post above.

Bob, do you know if there is a legal definition of "identification" written in the concealed handgun statutes anywhere? I haven't been able to find it if there is one.

Re: Concealed Carry on the Water?? #103615 08/12/05 05:29 PM
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You have to show it, carry or not.....

I have one, but have only carried on the water maybe twice and everytime I go up some creeks for sandbass in the spring.




Looking to buy or sell Real Estate anywhere? Let me know and I can help. Email me at steven.bradbury@cbdfw.com
Re: Concealed Carry on the Water?? #103616 08/12/05 05:33 PM
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Shane T. Offline OP
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Not to argue, but you don't have to show it if you're not carrying. See above statute posted by Bob. wink

Now, back to the original question...anyone ever displayed to a warden? If so, how did he handle it? smile

Re: Concealed Carry on the Water?? #103617 08/12/05 05:40 PM
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barndoor Offline
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Quote:
Originally posted by Steve Bradbury:
You have to show it, carry or not.....

You don't have to show it if you are not carrying a handgun.

barndoor

Re: Concealed Carry on the Water?? #103618 08/12/05 05:56 PM
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daveblank Offline
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Quote:
Originally posted by Shane T.:
Quote:
Originally posted by SandSpike:
[b] I carry on the water. When ask for a license on the water, they mean fishing license. There is no law that says when ask to present a fishing license that I have to show my CHL. So I don't.
I'm not so sure about that. Without quoting it directly, the law is that when a law enforcement officer asks for identification then you are required to show your CHL (if you are carrying). A game warden is definitely a LEO. I'm not sure whether a fishing license would be considered ID or not. [/b]
If you are carrying & asked for ID you must present your CHL. Even if I'n not carrying I give it with my DL. This will ensure no suprises & I believe shows some respect for the officer.

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