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Re: Open carry while fishing?
[Re: Toua]
#11480942
03/16/16 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 |
Call DPS, CHL or LTC department, office of Sherri Zgabay. She is head of that division. You will get straight forward answers. 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. This is without a CHL or LTC. Now a days you will probably be harassed to no end, but you can carry a long gun anywhere it is legal to do, as long as you are not acting recklessly. You may have some problems with some LEO that doesn't know the law, or is told by the Chief to not acknowledge that law.
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Re: Open carry while fishing?
[Re: Toua]
#11480959
03/16/16 03:08 PM
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Joined: Jan 2009
Posts: 50,399
fouzman
Methuselah
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Methuselah
Joined: Jan 2009
Posts: 50,399 |
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.
Coincidence is His way of remaining anonymous.
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Re: Open carry while fishing?
[Re: Toua]
#11480981
03/16/16 03:14 PM
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Joined: Aug 2015
Posts: 56
yakkityyak
Outdoorsman
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Outdoorsman
Joined: Aug 2015
Posts: 56 |
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! You seriously wonder about that? Do you think the coyotes will see the pistol and run away? I can see wanting to open carry at California Crossing, lol.
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Re: Open carry while fishing?
[Re: Toua]
#11481011
03/16/16 03:22 PM
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Joined: Dec 2009
Posts: 8,729
blooper961
TFF Celebrity
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TFF Celebrity
Joined: Dec 2009
Posts: 8,729 |
I have seen a fisherman before heading for a rocky embankment with fishing gear and a pellet gun, obviously for snake issues.
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Re: Open carry while fishing?
[Re: FishTheBite]
#11481071
03/16/16 03:42 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 |
Most of the larger reservoirs in Texas are Corp of Engineer property. And per the following regulation you really are not supposed to be in possession of a fire arm unless you are legally hunting. I can think of no situation where you would ever use a firearm as a tool to catch fish. So common sense would tell us that the mention of fishing would pertain to bow and arrow and crossbows. Sorry but your coworker is wrong.
327.13 Explosives, firearms, other weapons and fireworks. (a) The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited unless: (1) In the possession of a Federal, state or local law enforcement officer; (2) Being used for hunting or fishing as permitted under 327.8, with devices being unloaded when transported to, from or between hunting and fishing sites; (3) Being used at authorized shooting ranges; or (4) Written permission has been received from the District Commander. (b) Possession of explosives or explosive devices of any kind, including fireworks or other pyrotechnics, is prohibited unless written permission has been received from the District Commander
A lot of the Corp property surrounding our lakes is available for small game hunting with a shotgun. There would be no reason why you couldn't mix the two activities. You just need the proper licenses and permits. But there are also large areas that are out of bounds for hunters.
There is no carry allowed within our state parks.
It is Texas and you could probably carry and never have an issue. But you do so at your own risk.
Just for what it's worth if I was going to carry a weapon for protection against a wild animal of any sort my first choice would be a shotgun. The odds of you having the presence of mind and marksmanship to draw a pistol and deliver a kill shot against a moving target the size of a coyote is not good IMO. But maybe you are a world class shot, I am not.
By the way, the problem of wild animals losing what we wanted to believe was an instinctive fear of man is something that some people have been discussing for at least a couple of decades now. And while a coyote, unless rabid, is probably not a threat to an adult human they would be and are a threat to children and our pets. As long as we were the top predator we were treated as such by the other predators around us. It would seem that we are losing our grip on that position.
Sorry to ramble.
[color:#FF0000][/color][size:14pt][/size] This in bold type is not true. http://www.texaschl.us/faq.htm#stateparksAccording to correspondence recieved from Park Information Texas Parks and Wildlife,Customer Service Center, A person can carry a loaded concealed handgun in Texas State Parks with a current and valid CHL license at anytime. On February 22nd, 2010 it became legal when visiting National Parks to carry loaded firearms in the same manner and to the same extent that such carry is legal in the state parks of the state in which the National Park is located. Please remember that you must continue to follow all CHL rules while carrying in State and National Parks. Keep in mind that even In National Parks where carry is permitted the law continues to prohibit carry in federal facilities and buildings located in such parks. So, carry is still banned in park visitor centers, ranger stations and administrative buildings and offices staffed by federal employees. Also, the National Park Service will likely take a broad interpretation of federal facility. If you need further information, please contact the Law Enforcement Division for Texas Parks and Wildlife.
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: Toua]
#11481286
03/16/16 05:14 PM
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Joined: Jul 2015
Posts: 580
erittmueller
Pro Angler
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Pro Angler
Joined: Jul 2015
Posts: 580 |
ALLLLLLLLWAYS CONCEAL!!!!!!!
Don't make yourself the first target if something is happening...
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Re: Open carry while fishing?
[Re: Toua]
#11481318
03/16/16 05:26 PM
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Joined: Dec 2015
Posts: 296
FishTheBite
Angler
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Angler
Joined: Dec 2015
Posts: 296 |
Thanks for the clarification Muzzlebrake. I stand corrected about Texas State Parks.
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Re: Open carry while fishing?
[Re: fouzman]
#11481447
03/16/16 06:29 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 |
Now we're splitting hairs on technicalities. Was just replying to a post that said it could not be on your person in a vehicle without LTC. Not giving any reason to do it, only that it was legal. She told me you do not need to declare you have one in the vehicle if not asked, if no LTC. 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.
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Re: Open carry while fishing?
[Re: Toua]
#11481580
03/16/16 07:33 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 |
Well enjoy it now because if a certain person gets elected there will be no more 2nd amendment and she's coming after all our guns. Too bad all mine fell into the lake in that terrible boat wreck last year.
Last edited by Muzzlebrake; 03/16/16 07:34 PM.
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: Muzzlebrake]
#11481766
03/16/16 08:51 PM
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Joined: Jul 2012
Posts: 12,214
Cast
TFF Guru
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TFF Guru
Joined: Jul 2012
Posts: 12,214 |
Well enjoy it now because if a certain person gets elected there will be no more 2nd amendment and she's coming after all our guns. Too bad all mine fell into the lake in that terrible boat wreck last year. This will never happen. It is her agenda though.
Cast I have a short attention spa
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Re: Open carry while fishing?
[Re: Muzzlebrake]
#11481832
03/16/16 09:23 PM
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Joined: Mar 2016
Posts: 1
dave09
Green Horn
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Green Horn
Joined: Mar 2016
Posts: 1 |
Well enjoy it now because if a certain person gets elected there will be no more 2nd amendment and she's coming after all our guns. Too bad all mine fell into the lake in that terrible boat wreck last year. I have a feeling if they ever did try to relieve us of our weapons that will be the excuse for most of us...
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Re: Open carry while fishing?
[Re: Toua]
#11481849
03/16/16 09:35 PM
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Joined: Apr 2014
Posts: 258
Undertaker56
Angler
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Angler
Joined: Apr 2014
Posts: 258 |
They will never get mine....
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: Toua]
#11481868
03/16/16 09:45 PM
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Joined: Feb 2009
Posts: 1,268
General Jigs
Extreme Angler
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Extreme Angler
Joined: Feb 2009
Posts: 1,268 |
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.
For there is one God and one mediator between God and men, the man Christ Jesus, who gave himself as a ransom for all menthe testimony given in its proper time.- 1 Timothy 2:5-6
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Re: Open carry while fishing?
[Re: fouzman]
#11481891
03/16/16 09:53 PM
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Joined: Aug 2011
Posts: 2,957
Bob Landry
Extreme Angler
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Extreme Angler
Joined: Aug 2011
Posts: 2,957 |
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.
2015 Seaark 1872 MV CC Etec-90 Two Helix 12 CHIRP SI's, , MinnKota Riptide ST80/i-pilot Link, Bob's Hydraulic 2020 Robalo R200 CC, Yamaha 150
Bitter Gun Owner Bitter Clinger Armed Infidel
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Re: Open carry while fishing?
[Re: Toua]
#11481909
03/16/16 10:01 PM
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Joined: Jul 2012
Posts: 12,214
Cast
TFF Guru
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TFF Guru
Joined: Jul 2012
Posts: 12,214 |
Always hand the officer your TDL and your LTC. He will thank you and hand the LTC back.
Cast I have a short attention spa
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