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Is it legal to open carry while hunting deers?

Thanks

Yes

Don't be so quick. It's not a simple as it appears. Actually a fairly common interpretation is "no" unless you own the property. As IANAL, I'll keep my opinion to myself.

Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(4) is engaging 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 residence, if the weapon is a type commonly used in the activity;

we need to be sure.

Major exception to "normal" laws: CHL required to carry while bow hunting during archery-only season - and pistola must be concealed.

boomerang wrote:Sec. 46.15. NONAPPLICABILITY.
(b) Section 46.02 does not apply to a person who:
(4) is engaging 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 residence, if the weapon is a type commonly used in the activity;

Sounds like you can open carry only if you're hunting deer with a handgun.

I don't much care, really. When I've gone deer hunting - walking through brush with a Remington 700 in .308 in the pre-dawn darkness headed for a blind, I've also open carried a sidearm in .40 S&W. It has always been on a private lease, so I don't know how the law applies. But I do know this... ...if I run into hogs when I'm on foot, and things get dicey, I'm going for the pistol. I don't think I can cycle a bolt action fast enough to sound like a semi-auto!

The Annoyed Man wrote:I don't much care, really. When I've gone deer hunting - walking through brush with a Remington 700 in .308 in the pre-dawn darkness headed for a blind, I've also open carried a sidearm in .40 S&W. It has always been on a private lease, so I don't know how the law applies. But I do know this... ...if I run into hogs when I'm on foot, and things get dicey, I'm going for the pistol. I don't think I can cycle a bolt action fast enough to sound like a semi-auto!

I agree and do the same thing with my Glock 21 with the high-speed tac light. Most time a hog will run but some do it toward the hunter. I can't imagine walking around in the dark with only a bow or bolt action gun these days. I may not be able to hit the hog but the thing will be dazed from the sound waves as I empty the gun. I have seen results of a hog running head first into a pick-up door while the hunter was parked looking for hogs. A hunter on foot wouldn't stand a chance.

When I took my hunters ed course I was told it was legal to open carry if engaged in any lawful outdoor activity. I never had any problems open carrying in the Davey Crockett. I OC'd deer hunting (rifle) and when going out there hiking and camping.

The Annoyed Man wrote:I don't much care, really. When I've gone deer hunting - walking through brush with a Remington 700 in .308 in the pre-dawn darkness headed for a blind, I've also open carried a sidearm in .40 S&W. It has always been on a private lease, so I don't know how the law applies. But I do know this... ...if I run into hogs when I'm on foot, and things get dicey, I'm going for the pistol. I don't think I can cycle a bolt action fast enough to sound like a semi-auto!

All my hunting has been on a lease, so I never even gave it much thought. I, too, had it out solely for the unanticipated run in with a nasty hog.

The ownership of the property is never mentioned in Chapter 46 except for the exception for property you own or under your control. A deer lease is very debatable about being under your control (as in you cannot bring another hunter on the property).

But, as shown by the examples here, I would argue that a handgun is a firearm normally used and carried when hunting. It may not be the primary hunting weapon, but most hunters also carry a pistol for snakes, hogs, and other predators. I would feel comfortable carrying openly while hunting.

I would also recommend checking with the Game Wardens in your area for their interpretation of this law. They are the ones most likely to be enforcing it while you are hunting and their interpreation would carry a lot of weight with me on my hunting activities.

This thing about hogs reminds me of a story Sheriff Jim Wilson wrote in some magazine or other probably 10 or 15 years ago. He described having to go into some very heavy brush, a tunnel in the bushes basically, on the trail of a wounded sow. He had a Ruger Blackhawk in .357 in his hand. After he had gotten a ways back into the brush, the sow came charging at him from a side passage, and he went to work with that single action revolver. When it was over, and he had crawled back out to clear ground where his friends were waiting, they were all laughing at him. He was kind of ticked off and asked them what was so dang funny, and one of them said, "that's the firs time I've ever heard a single action pistol go on full auto!"

I always chuckle when I remember that story.

I used to think that there was absolutely no reason for me to ever "need" a hand cannon. Until a buddy got me into hog hunting. When having to get down on all fours and crawl into places "even the rabbits couldn't go", the .454 is much more comforting out front than the old .357.

But, back on topic, I've had now somewhere around 5,000 hunter ed. students in classes and can't recall ever having one mention being hassled by a game warden for carrying a handgun openly while hunting on private land during the regular firearms season.