Question about Pistol during bowhunting

[Sniper John]

The TPWD outdoor annual reads "It is unlawful to be in possession of a firearm while hunting with a broadhead HUNTING point during the Archery-Only season, except a person licensed to carry a concealed handgun in Texas may carry a concealed handgun."

Now I would assume to carry on public land or in public, the regulations of your concealed handgun license would still apply in that the handgun would have to be carried concealed.

But on private land while bowhunting, where you are not going to be in public view, would one be able to open carry such as with a holster?

[Dragonfighter]

Just shooting from the hip here...sorry...It seems the language centers around weather or not your in the act of hunting or not. Irrespective of property rights, just as a Game Warden can enter my private property w/o a warrant to enforce game regulations. I have always hunted in a jumpsuit of varying weight and kept my side arm in a shoulder rig under it, even before CHLs.

[WildBill]

But on private land while bowhunting, where you are not going to be in public view, would one be able to open carry such as with a holster?

IANAL or a Game Warden, but I would say "No." If you are carrying under CHL, then it must be concealed. IMO, the purpose of this regulation is to keep bow hunters from using a firearm for illegally taking game. The exemption for CHL carry is to allow hunters to carry for protection from two-legged critters.

[chabouk]

The exceptions for having to stay concealed would be if you're on land you own or control, or if you're hunting with the pistol.

Obviously that wouldn't apply in bow season, but being on your own land would be iffy. The law is clear that you could OC, but the TPWD handbook makes it questionable.

[WildBill]

The exceptions for having to stay concealed would be if you're on land you own or control, or if you're hunting with the pistol.

Obviously that wouldn't apply in bow season, but being on your own land would be iffy. The law is clear that you could OC, but the TPWD handbook makes it questionable.

JvT said "private land", not his own land. I think that would make a difference.

[chabouk]

The exceptions for having to stay concealed would be if you're on land you own or control, or if you're hunting with the pistol.

Obviously that wouldn't apply in bow season, but being on your own land would be iffy. The law is clear that you could OC, but the TPWD handbook makes it questionable.

JvT said "private land", not his own land. I think that would make a difference.

Yes it would, which is why I specified being on land you own or control.

[CDH]

IANAL either, but I have always understood that open carry is ALWAYS illegal during archery only season...for the reason given (outlaw hunting). The only exception is for concealed carry with a CHL.

[srothstein]

You know, IANAL and I did not do a case law search or even a really thorough statute search, but I cannot find a law forbidding anyone from having a firearm with them while bow-hunting. It is illegal to USE a firearm during archery season, but I cannot find anything forbidding the mere possession.

Of course, as the others have posted and as TPWD says, it is generally considered illegal to carry the firearm. But it does have me wondering if there are court cases and what law they would charge you under. I would bet on the definition of "use" including possession, as it does for federal drug cases (for the firearms upgrade having the weapon is considered use during the offense).

[Sniper John]

Here is the full wording from page 56 of the Outdoor Annual under Means & Methods.

Archery and Crossbows

Only the archery and crossbow equipment prescribed in this section may be used for taking game animals or game birds. Archery and crossbow equipment may not be used to hunt deer during the Muzzleloader-Only Deer Season. It is unlawful to be in possession of a firearm while hunting with a broadhead HUNTING point during the Archery-Only season, except a person licensed to carry a concealed handgun in Texas may carry a concealed handgun.

NOTE: A firearm may be possessed in camp, in a motor vehicle, or while hunting lawful game other than whitetail or mule deer and turkey (e.g., exotics, feral hogs, squirrels).

[Sniper John]

Not directly related to my question here, but I was in a debate about carrying both a rifle and a bow while bowhunting hogs during archery deer season.
First is the answer, second was my question. The answer "It is legal to carry a bow and a firearm to hunt hogs at any time during
the year." will surprise some of the hunters on the forum.

---------------------------------------------------------------------------------

It is unlawful to hunt deer or turkey during an archery-only season
while in possession of a firearm. Exceptions: a CHL holder may carry a
concealed handgun, or a firearm may be possessed in camp or in a
vehicle.



It is legal to carry a bow and a firearm to hunt hogs at any time during
the year.



Scott Vaca
Assistant Chief of Wildlife Enforcement



Texas Parks & Wildlife Department

4200 Smith School Road

Austin, TX 78744

Office: (512) 389-4626

Fax: (512) 389-8400



Texas Game Wardens Serving Texans Since 1895 - Law Enforcement Off the
Pavement


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Comment or Question:



I would like y'all to settle a debate and it might keep someone

from getting in trouble.



The thought is that if your hog hunting during archery season

you can be packing a rifle also. He says it is just if your

deer hunting in archery season you can't have both in

possession at the same time. He states he can carry a rifle AND

a bow if only used for hog hunting during archery deer season if

you have no intention of hunting deer. He is wanted a rifle

along for hogs just in case they are out of his bow range.



But it is my understanding you can not have both a rifle and

bow with broadhead point in your possession while hunting

during archery season and does not matter if your only hunting

hogs. In camp or vehicle, or pistol with CHL ok, but otherwise

while hunting. Even if only hunting hogs, he can still only

have only one or the other outside of camp.



Who is correct in this instance?



Thank you,

John

[Sniper John]

I think part of the problem is the outdoor annual states while hunting during archery season, but the actual TPWD code states It is unlawful to hunt deer or turkey with a broadhead hunting point while in possession of a firearm during an archery-only season. The outdoor annual being only a short summary of the actual regulations.
It all does seem to give some light to WildBill's reply I think.

[UpTheIrons]

While bowhunting this season my sidearm was concealed, just as it always is. It would have been easier to OC, but I figured that if I'm used to it being concealed, then it wouldn't be any different while in the bow stand than it is on the street.

Once gun season opens though, it may not be concealed all the time as I'm entertaining the idea of taking one of these puny Hill Country whitetails with my 1911. Since they so often wander within 10-15 yards of our bow stands, it would be an easy shot.

[Mike from Texas]

Here is the full wording from page 56 of the Outdoor Annual under Means & Methods.

Archery and Crossbows

Only the archery and crossbow equipment prescribed in this section may be used for taking game animals or game birds. Archery and crossbow equipment may not be used to hunt deer during the Muzzleloader-Only Deer Season. It is unlawful to be in possession of a firearm while hunting with a broadhead HUNTING point during the Archery-Only season, except a person licensed to carry a concealed handgun in Texas may carry a concealed handgun.

NOTE: A firearm may be possessed in camp, in a motor vehicle, or while hunting lawful game other than whitetail or mule deer and turkey (e.g., exotics, feral hogs, squirrels).

Seems pretty clear to me.