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Gun possession while bank fishing?
#6924294
12/09/11 05:20 AM
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Joined: May 2010
Posts: 36
fromabuick8
OP
Outdoorsman
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OP
Outdoorsman
Joined: May 2010
Posts: 36 |
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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Re: Gun possession while bank fishing?
[Re: fromabuick8]
#6924326
12/09/11 05:47 AM
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Joined: Oct 2009
Posts: 811
HaRyan
Pro Angler
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Pro Angler
Joined: Oct 2009
Posts: 811 |
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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Re: Gun possession while bank fishing?
[Re: fromabuick8]
#6924330
12/09/11 05:54 AM
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Joined: May 2011
Posts: 21,994
Caribou
TFF Guru
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TFF Guru
Joined: May 2011
Posts: 21,994 |
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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Re: Gun possession while bank fishing?
[Re: fromabuick8]
#6924416
12/09/11 10:03 AM
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Joined: Jul 2011
Posts: 163
FisH4HogZ
Outdoorsman
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Outdoorsman
Joined: Jul 2011
Posts: 163 |
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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Re: Gun possession while bank fishing?
[Re: fromabuick8]
#6924649
12/09/11 01:50 PM
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Joined: Aug 2010
Posts: 159
Jimlakeside
Outdoorsman
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Outdoorsman
Joined: Aug 2010
Posts: 159 |
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 ones own premise or premises under the persons control or inside of or directly en route to a motor vehicle that is owned by the person or under the persons control.
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Re: Gun possession while bank fishing?
[Re: Jimlakeside]
#6924851
12/09/11 03:14 PM
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Joined: Jul 2008
Posts: 588
badgrandad
Pro Angler
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Pro Angler
Joined: Jul 2008
Posts: 588 |
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.
Just because you can, doesn't mean you should!
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Re: Gun possession while bank fishing?
[Re: fromabuick8]
#6924856
12/09/11 03:16 PM
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Joined: Mar 2009
Posts: 1,033
crappiecrzy
Extreme Angler
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Extreme Angler
Joined: Mar 2009
Posts: 1,033 |
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.
Freefell 11.5 kayak with Elite 4 HDI work in progress
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Re: Gun possession while bank fishing?
[Re: fromabuick8]
#6925065
12/09/11 04:37 PM
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Joined: Feb 2009
Posts: 23
howicatchum
Outdoorsman
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Outdoorsman
Joined: Feb 2009
Posts: 23 |
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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Re: Gun possession while bank fishing?
[Re: fromabuick8]
#6927114
12/10/11 06:44 AM
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Joined: Nov 2011
Posts: 317
Big cat hunter
Angler
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Angler
Joined: Nov 2011
Posts: 317 |
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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Re: Gun possession while bank fishing?
[Re: Big cat hunter]
#6928013
12/10/11 07:04 PM
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Joined: Jun 2006
Posts: 628
Dmcputtz
Pro Angler
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Pro Angler
Joined: Jun 2006
Posts: 628 |
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.
P.B. May 2009 Columbia River, just west of Camas, Washington 9ft. 4"
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Re: Gun possession while bank fishing?
[Re: fromabuick8]
#6928103
12/10/11 07:42 PM
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Joined: Dec 2011
Posts: 259
thumbhookedagain
Angler
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Angler
Joined: Dec 2011
Posts: 259 |
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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Re: Gun possession while bank fishing?
[Re: thumbhookedagain]
#6947409
12/16/11 01:28 PM
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Joined: Feb 2009
Posts: 13,072
tgravley aka lewisvillecatfish
TFF Guru
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TFF Guru
Joined: Feb 2009
Posts: 13,072 |
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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Re: Gun possession while bank fishing?
[Re: badgrandad]
#6969234
12/23/11 06:36 AM
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Joined: Aug 2010
Posts: 412
Justin Wilcox
Angler
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Angler
Joined: Aug 2010
Posts: 412 |
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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Re: Gun possession while bank fishing?
[Re: Justin Wilcox]
#6969252
12/23/11 07:38 AM
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Joined: Feb 2007
Posts: 136
atxbandit
Outdoorsman
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Outdoorsman
Joined: Feb 2007
Posts: 136 |
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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