Hunting and CCW...........

[AggieMM]

As a new CHL holder, I have a "quick" question. This fall, my father-in-law has invited me to join him dove hunting. I've never been dove hunting before, and now that I have my plastic, I was wondering if there are any specific things I need to be concerned about while hunting (CHL related)? From what I've been able to find, as long as the land is not "posted (30.06)", that I'm able to carry? Am I right? And if approached by a Game Warden and asked for ID, I'm supposed do the same things as if it were an LEO, right?

Being new, I don't want to make any misinterpretations of the laws. Thanks in advance for your help.

Ryan

[gigag04]

Is it your own land or hunting lease (ie control)?

I believe you could get away with open carry if so.

-nick

[AggieMM]

Is it your own land or hunting lease (ie control)?

Not my land for sure, I assume it is someone's lease.

Ryan

[dpatterson]

My understanding is that while hunting you are not required to have a CHL to carry a Handgun. I have been stopped several times by Game Wardens at the Lake while Duck Hunting, before and after receiving my CHL. Never had a problem... Someone may have a better understanding on this but generally when you are hunting the gray area is alittle bigger...

I do know for a fact, that only a CHL licensee may carry a handgun while bow hunting. They do have to abide by all CHL rules, ie no open carry regardless the location of the hunting area, ie Private, Public, Federal...

UPDATE 08/18 - Only a CHL may carry a handgun while bow hunting but only during Bow Season. Open season this rule does not apply.

DP

[bburgi]

I think handgun carry depends on the hunting season - State firearms laws dictate that if you're on your own land, open carry is fine- but hunting laws dictate that you can't have a gun if you're bow hunting, etc.

As for dove hunting, if you're on private land then open carry is fine. If you're hunting on a lease or on public land (as you stated) then you will have to follow state CHL laws. The only off-limits places would be federal hunting lands and places posted 30.06.

If you look in the hunting map book the state sends with your license, it specifies that while on public lands you must have a CHL in order to carry a handgun.

[Madsmiley]

Now that's pretty stupid. You can't even open-carry on your OWN HUNTING LAND? Even if you own the land, have the deed, etc, you can't open carry if you're bow-hunting?

Someone needs to remind the Texas legislature that if it's my land, I'll do whatever I feel like doing on it.

You may own it,but a game warden can go on it anytime he deems it necessary..It a pretty big offense to carry while bow hunting..I dont recall the exact penelty,but it was signifcant enough that I never even carried with a CHL while doing it.

[flintknapper]

but hunting laws dictate that you can't have a gun if you're bow hunting, etc.

TP&W regulations allow for CHL holders to carry a "handgun" during the archery only season (if thats what you mean by gun).



Page 61 of the 2005/2006 outdoor annual: 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.

[Tom]

Now that's pretty stupid. You can't even open-carry on your OWN HUNTING LAND? Even if you own the land, have the deed, etc, you can't open carry if you're bow-hunting?

Someone needs to remind the Texas legislature that if it's my land, I'll do whatever I feel like doing on it.

You may own it,but a game warden can go on it anytime he deems it necessary..It a pretty big offense to carry while bow hunting..I dont recall the exact penelty,but it was signifcant enough that I never even carried with a CHL while doing it.

Reread TP&W code 12.102, 12.103 and 12.104 to see exactly what a game warden can do on private property.
It isn't as generally believed.

Kind Regards,

Tom

[bburgi]

TP&W regulations allow for CHL holders to carry a "handgun" during the archery only season (if thats what you mean by gun).

Thank you for the correction.

[anygunanywhere]

Now that's pretty stupid. You can't even open-carry on your OWN HUNTING LAND? Even if you own the land, have the deed, etc, you can't open carry if you're bow-hunting?

Someone needs to remind the Texas legislature that if it's my land, I'll do whatever I feel like doing on it.

The whole point of not carrying while bow hunting is that hunters have to kill the game with a BOW. That is why it is called bow hunting. The law is not in place to keep you from defending yourself, it is there to keep you from harvesting game illegally.

And no, you can not do whatever you want on your land as far as game and hunting is concerned. The citizens of Texas own the wildlife, not the landowner.

Anygun

[Tom]

And no, you can not do whatever you want on your land as far as game and hunting is concerned. The citizens of Texas own the wildlife, not the landowner.

Anygun

Too general.
The "native" wildlife are the property of the citizens of Texas, while the "exotics" are not.
The hunting license system now requires a license to hunt private game on private property.
I believe that the state has overstepped on this issue but since I can claim an Ag exemption for
exotic harvesting I am not complaining. I do enjoy seeing Axis, Fallow, Sika, Blackbuck, Aoudad,
and Mouflon running around my house more than those big ole cattle of the recent past.
Far less destructive and we own them. And the price we get for Axis and Sika is an added bonus.

Kind Regards,

Tom

[anygunanywhere]

And no, you can not do whatever you want on your land as far as game and hunting is concerned. The citizens of Texas own the wildlife, not the landowner.

Anygun

Too general.
The "native" wildlife are the property of the citizens of Texas, while the "exotics" are not.
The hunting license system now requires a license to hunt private game on private property.
I believe that the state has overstepped on this issue but since I can claim an Ag exemption for
exotic harvesting I am not complaining. I do enjoy seeing Axis, Fallow, Sika, Blackbuck, Aoudad,
and Mouflon running around my house more than those big ole cattle of the recent past.
Far less destructive and we own them. And the price we get for Axis and Sika is an added bonus.

Kind Regards,

Tom

Thanks for the backup, Tom. I forgot about exotics.

I have not had a steamin' gut pile on the ground since 1994, since my last bow hunt.

I need to stop working so much.

Anygun

[Tom]

And no, you can not do whatever you want on your land as far as game and hunting is concerned. The citizens of Texas own the wildlife, not the landowner.

Anygun

Too general.
The "native" wildlife are the property of the citizens of Texas, while the "exotics" are not.
The hunting license system now requires a license to hunt private game on private property.
I believe that the state has overstepped on this issue but since I can claim an Ag exemption for
exotic harvesting I am not complaining. I do enjoy seeing Axis, Fallow, Sika, Blackbuck, Aoudad,
and Mouflon running around my house more than those big ole cattle of the recent past.
Far less destructive and we own them. And the price we get for Axis and Sika is an added bonus.

Kind Regards,

Tom

Thanks for the backup, Tom. I forgot about exotics.

I have not had a steamin' gut pile on the ground since 1994, since my last bow hunt.

I need to stop working so much.

Anygun

Anygun,

Good one on the "steamin' gut pile". Nice imagery.
But in this heat we aren't getting much steam. More like mummification.
Not complaining mind you, simply reporting.

Kind Regards,

Tom

[Glockamolie]

Just for some additional info, it's important to know who "peace officers" are, and what ID they'd have that would let you know they are someone to whom you have to show your CHL should you be carrying, and are asked for ID. A peace officer would not only have a badge signifying their department along with their department ID (which is made by the department, and can have all sorts of appearances/formats), but they'll also have a "TCLEOSE" card, for the Texas Commission on Law Enforcement Officers Standards and Education". It will say "Peace Officer License", and have their name, SS#, and license date, or at least they did back when I got mine. Here's the list from the Texas Code of Criminal Procedure listing who are peace officers:

Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve deputies
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(2) constables, deputy constables, and those reserve deputy
constables who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated city,
town, or village, and those reserve municipal police officers who
hold a permanent peace officer license issued under Chapter 1701,
Occupations Code;
(4) rangers and officers commissioned by the Public Safety
Commission and the Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic Beverage
Commission;
(7) each member of an arson investigating unit commissioned
by a city, a county, or the state;
(8) officers commissioned under Section 37.081, Education
Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the Parks and
Wildlife Commission;
(11) airport police officers commissioned by a city with a
population of more than 1.18 million that operates an airport that
serves commercial air carriers;
(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and security
officers;
(14) security officers and investigators commissioned as
peace officers by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees under
Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas State Board of
Medical Examiners;
(18) officers commissioned by the board of managers of the
Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
(19) county park rangers commissioned under Subchapter E,
Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing Commission;
(21) officers commissioned under Chapter 554, Occupations
Code;
(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney general
under Section 402.009, Government Code;
(24) security officers and investigators commissioned as
peace officers under Chapter 466, Government Code;
(25) an officer employed by the Texas Department of Health
under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal under
Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner of
insurance under Article 1.10D, Insurance Code;
(29) apprehension specialists commissioned by the Texas
Youth Commission as officers under Section 61.0931, Human Resources
Code;
(30) officers appointed by the executive director of the
Texas Department of Criminal Justice under Section 493.019,
Government Code;
(31) investigators commissioned by the Commission on Law
Enforcement Officer Standards and Education under Section
1701.160, Occupations Code;
(32) commission investigators commissioned by the Texas
Commission on Private Security under Section 1702.061(f),
Occupations Code;
(33) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code; and
(34) officers commissioned by the State Board of Dental
Examiners under Section 254.013, Occupations Code, subject to the
limitations imposed by that section.