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Fishing while CCW on Texas jetties

Posted: Mon Oct 19, 2009 10:35 pm
by rayman70
Who owns the jetties. If i went lets say to the Surfside jetties is that federal property. After all it was built by the Department of the Army, Corps of Engineers. Can you carry while fishing there?

Re: Fishing while CCW on Texas jetties

Posted: Tue Oct 20, 2009 3:21 am
by Dragonfighter
Interestingly, in this administration, they passed a law allowing carry in national parks where the states would normally allow. IOW, if you can carry around the open air in your state, your good to go. They slipped it in on the credit card reform legislation.

Re: Fishing while CCW on Texas jetties

Posted: Tue Oct 20, 2009 8:04 am
by KFP
IIRC the COE property is separate from the national parks, which does not go into effect until 10 Feb 2010. In other words wait for the national parks until Feb, and COE property is off limits to carry.

Re: Fishing while CCW on Texas jetties

Posted: Tue Oct 20, 2009 8:06 am
by Keith B
KFP wrote:IIRC the COE property is separate from the national parks, which does not go into effect until 10 Feb 2010. In other words wait for the national parks until Feb, and COE property is off limits to carry.
:iagree: See my post here on the COE rules Subject: Firearm in a state park?

Re: Fishing while CCW on Texas jetties

Posted: Fri Oct 23, 2009 5:15 pm
by Texgun
When do we begin to see some benefits from the Heller ruling? COE is federal property. Parks are not "sensitive" areas like schools and government buildings.

Re: Fishing while CCW on Texas jetties

Posted: Fri Oct 23, 2009 10:32 pm
by srothstein
We won't see the benefit of Heller until someone gets caught and fights the case. We could start political lobbying to get the rules for COE changed and it might work, as it did for the national parks. But until we ask, we see nothing.

And I think it will take a lot more work to get the COE lands rule changed. After all, they are part of the Army and the Congress has traditionally allowed the Army to rule its lands pretty much how it wants to. Maybe Post Office rules would be a better strategic target to ask for changing to obey state law, at least for customers.

Re: Fishing while CCW on Texas jetties

Posted: Fri Oct 23, 2009 11:09 pm
by dicion
srothstein wrote:Maybe Post Office rules would be a better strategic target to ask for changing to obey state law, at least for customers.
Post offices already have their own laws that say they must follow local law in case of a conflict. See here:
http://www.texasshooting.com/TexasCHL_F ... 15#p307198" onclick="window.open(this.href);return false;

I am of the opinion that Carrying in a post office is allowed by law.
Doesn't mean you won't take the ride and go to court on it though.

Re: Fishing while CCW on Texas jetties

Posted: Sat Oct 24, 2009 11:50 am
by dicion
AndyC wrote:I'm not so sure:

http://edocket.access.gpo.gov/cfr_2003/ ... r232.1.pdf" onclick="window.open(this.href);return false;
Weapons and explosives. No person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.
USA v. CLARENCE PAUL DOROSAN - affirmed Oct 14 2009 by the 5th District Court of Appeals.

Convicted for violating 39 C.F.R. ยง 232.1(l) - bringing a handgun onto property belonging to the United States Postal Service.
This was just brought up in another thread as well "rlol"
I'll just quote what I posted there:
dicion wrote: Nowhere in there was a CHL Mentioned. 30.06(e) applies only to CHLs. This is the statute that directly conflicts with the CFR, in which the CFR itself states that it shall yield.

Plus, he played it wrong. His appeal was based on unconstitutionality, not on the CFR conflicting with local law, to which it specifically states that it yields. He should have claimed that it conflicts with the MPA, and therefore must yield to it. Sounds like his lawyer didn't know the finer points of Texas Gun law and Federal CFR's. At least that is my opinion.
Also, I just noticed this was in Louisiana, not Texas. Laws are different there. Although the circuit court does apply here in Texas, I don't believe Louisiana has anything akin to 30.06(e) that states that Concealed Carry Cannot be disallowed on government property. Therefore, there is no conflict, and therefore, yes, the CFR Does indeed hold.