Anyone carry their hand gun in their boat while they Fish?

The thread that was talking about the knife being illegal got me thinking about this. I always have my judge loaded in my boat. I guess I don't really care if it's illegal to fish with my gun, but I was just curious to see if anyone else does this as well.

Get a CHL. I have a gun on me about 90% of the time when im not at work.

Get a CHL.

why? i see no need in carrying a gun. the rest of the world does not scare me.

I ain't scared either,......now that I've learned how not to be scared.

It's not about being scared. It's about being aware of threats if they ever arise, and being able to do something about it.

Get a CHL if you don't already have one....it'll save you from possible grief if a GW decided to press it. With a CHL on you, there's no pressing issue from them. Any misdemeanor's on your record when you do go to get a CHL will probably delay or cancel a CHL card.

I have one

I do as I have a CHL but it is as much about the ramp area as it is on the water-sometimes you see some strange things going on around boat ramps at 6AM

I, too, have my CHL. From what I understand, there are some lakes that prohibit anyone, except law enforcement officers, to have a gun in their possession while on the lake. So whether you have a CHL or not, it is against the law on certain lakes. It was my understanding that you need to check for the rules of each lake you fish to find the laws of that specific lake.

I'm not 100% positive about this, but if I'm going to error, I'm going to error on not carrying while fishing. I am not that concerned while I'm on the lake. But then I never fish Falcon or Amistad. ha

It is legal to carry a firearm on a boat as well as in your vehicle as log as it is out of sight. I would get a chl, but you don't need one to carry on your boat or in your vehicle. I work in law enforcement. A private or Federal run lake might prohibit carrying a weapon though. Just check before you go. It always better to have it and not need it then to need it and not have it.

I never carry my gun on the boat. Never felt the need for one unless I am shooting snakes. I have bank fished at some places were carrying one is a must in my book. As long as I don't fish Falcon or Amstead I personally see no need. To each is own I say.

Reggie

Can you cite the statue that permits concealed carry on a boat?

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.

for every penal code there is " a defense to the law"
if you feel the need to carry then by all means go ahead,if its concealed you should have no problem.

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.

yes

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.

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.

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.

I do. Not because I expect trouble on the lake, but it's better than leaving it in my unoccupied vehicle.

Hand gun and fire extinguisher. Something you want to always have and never use.

and long jumper cables

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.

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.) I’m pretty sure a boat isn’t 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.

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.

I have my gun on me all the time...I have a CHL..I also pay Texas Law shield to keep me covered..

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.

I recommend a glock 23. You can keep your judge.

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.

every time i am out. Its on a COE lake and every time i have been stopped by the GW I just hand him my card he usually asks where it is and i tell him. They never say anything else about it.

this ^^^

I always have a 12 ga. flare gun in the boat. Shoots a 10,000 candle power flare (red) or a white ph.(nasty). will light you up good at close range.

I've always been curious about this? Where did You find this information? Is it actually Law, or just uninformed Tournament Directors covering their tail?

yes sir, armed and dangerous, dont mess with me, my family or my property.

Misdemeanors should have no issues on CHL.

As long as they are not assualt related.....

I'm not scared anymore either ......
carrying a 9mm and .380 have cured that

always

every time. sometimes on me

you do need a CHL, they are easy to get and will keep you out of trouble

YOU DO NOT NEED A CHL.

Nope, Castle law and State law now expands to include a boat as a vehicle. I cut out the newspaper article, ziplocked it, and put it in my dry tube with my licence and reg card to keep it in the boat.

As a former LEO , you do not need a CHL,,and if you don't have one I would not recomend getting one. if it ever came down to having to use deadly force you are better off without it. the standards are set alot higher if you have one, you can't claim." I had no choice" or " I didn't know"

I have in the past...now I have a "rescue Panther" on board.

That is my understanding also. You can legally carry concealed in County, State, and LCRA properties if you are licensed(CHL) and there is no 30.06 signage posted. I would think that covers waters controlled by them

While the Castle Doctrine does cover you in your home or vehicle, I'm not sure if that would include a boat, and if it did, would the boat have to qualify as a residence with sleeping, cooking, and bathroom facilities just like a travel traler or motorhome and not just be an open fishing boat. I have an email out to a friend that teaches CHL classes, so that will be interesting. I'll post what I find.

"Concealed handgun" Just what it means, keep it out of sight and don't do stupid things that would inspire an officer to ask if you have one.

Governor Perry also signed into law the following NRA-supported measures:

House Bill 25 by state Representative Ryan Guillen (D-Rio Grande City) and state Senator Dan Patrick (R-Houston) will extend the right to carry a handgun to your boat or personal watercraft without needing a Concealed Handgun License – a right which law-abiding Texans currently enjoy in their private motor vehicles. For many, these vessels – especially on weekends in some parts of the state – are, for all practical purposes, an extension of one’s home. It will remain an offense under HB 25 if the handgun is not hidden from plain view, the person in possession is engaged in criminal activity or a member of a criminal street gang, or the person is not eligible to possess the firearm under state or federal law. Effective 9/1/11

Maybe this will clarify:

3. 36 C.F.R. § 327.13 remains in full force and effect. It will continue to prohibit loaded concealed weapons on Corps properties regardless of the new law and notwithstanding any contrary provisions of State law. It remains Corps policy that we will not honor State-issued concealed weapon permits on our facilities and that District Commanders do not have discretion under 36 C.F.R. § 327.13(a)(4) to create blanket exceptions to this policy. A change of this nature to Corps regulations in 36 C.F.R. Part 327 would require formal rulemaking procedures under the Administrative Procedures Act (5 U.S.C. §§ 551-706).

Take a gander at these links:

http://corpslakes.usace.army.mil/employees/cecwon/memos-drill.cfm?Id=789

http://www.swf-wc.usace.army.mil/belton/faq.asp

www.handgunlaw.us/states/usa.pdf

I'm not a lawyer and don't have the desire to be one either. If the lake and surrounding property is leased from COE probably not a good idea not to carry; regardless if you have a CHL or not. Why take the risk? I possess a CHL but do not carry in the boat; I haven't run across any aggressive juggers on the water.

I was on Falcon Lake several weeks ago and not sure what I may encounter since I had not fished it in 17 years (fished it regular prior). After reading various reports on Falcon over the past two years, I decided to take a hand gun along (first time I have ever carried a weapon onboard). One day while launching at the county ramp, there were 4 Boarder Patrol boats and 2 Coast Guard boats along with about 25 officers doing boat safety checks. A Coast Guard office asked if he could come onboard to do a safety check and I said sure. First question was if I had any weapons on board and I said I had a hand gun. He asked if I had a license to carry and I said no, that it was my understanding that I did not need one. Another senior office responded that I was correct. He asked where the weapon was stored and I replied that it was stored in one of my dry storage compartments. He stated not to go for it, but instead he would inspect the compartment. He never looked at the gin, but did inspect the life jackets for compliance, along with fire extinguisher. After passing inspection, I was on my way to some great crappie fishing. So from this I must assume I was in compliance to any law within the sate of Texas.

IGNORANCE OF LAW IS NO EXCUSE.

As for CHL. If the lake doesn't post 30.06 in the proper signage, you can conceal if you have a CHL. If not, put it in your boat out of plain sight. If a GW stops you and you don't have a CHL, inform him instantly you have a firearm. If you aren't doing any thing illegal, he shouldn't ticket you. If you have a CHL, you should know what to do.

I always carry at Falcon. I do have a CHL, but would carry anyway just for peace of mind. I have been stopped by GW there and told him I had a gun on board. He asked if it was a long gun or pistol. When I replied "pistol", he told me I would need something much bigger if I ran into pirates. I asked if I could borrow his M-16 or even better, the M-60 he had mounted on his boat, for the day. We both laughed and he went on his way. Just do not get caught in Mexico by their authorities or it may be a long time before you get back home.

If you have a CHL, you have to tell the LEO immediatly that you are carrying. That's in a car, boat or wherever you are stopped. Not sure what your responsibilities are if you don't have a CHL, but it would make sense to do the same rather than have him find it.

I never have but my dad carries his .44 Mag with him when hes out in his boat.