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Is it legal to carry in a boat WITHOUT being a CHL holder?

Posted: Wed Mar 17, 2010 7:18 pm
by gringogigante
I know that as of September 1, 2007 it is legal to carry concealed inside your car without having a CHL.

I have a student that asked me, "Well what about a boat?" :banghead:

Interesting question. Please site penal codes/laws.

Re: Is it legal to carry in a boat WITHOUT being a CHL holde

Posted: Wed Mar 17, 2010 8:09 pm
by Target1911
IIRC the law states it as VEHICLE and not specified as automobli. If that is the case I wouls say that u can as a boat is a vehicle. However there is the problem of Corps of Eng owned land.
This is sent from my phone and cannot look up the pen code

Re: Is it legal to carry in a boat WITHOUT being a CHL holde

Posted: Wed Mar 17, 2010 9:30 pm
by A-R
I've been told some game wardens are fond of stating that CHL is illegal during a no-firearms hunting season (bow-hunting season for example). So I wonder if the same game wardens will say it's illegal to carry in a boat because you might be using it to illegally shoot fish?

:grumble

Of course, that thought leads me right into one of my favorite fishing jokes of all time:

One morning a man returns after several hours of fishing and decides to take a nap. Although not familiar with the lake, his wife decides to take the boat out. She motors out a short distance, anchors, and begins reading her book. Along comes a game warden in his boat. He pulls up alongside the woman and says,"Good morning Ma'am. What are you doing?"

"Reading a book," she replies, (thinking "isn't that obvious?")

"You're in a restricted fishing area," he informs her.

"I'm sorry officer, but I'm not fishing, I'm reading."

"Yes, but you have all the equipment. For all I know, you could start fishing at any moment. I'll have to take you in and write you up."

"If you do that, I'll have to charge you with sexual assault," says the woman.

"But I haven't even touched you," says the game warden.

"That's true, but you have all the equipment."

Re: Is it legal to carry in a boat WITHOUT being a CHL holde

Posted: Wed Mar 17, 2010 10:52 pm
by srothstein
PC 46.02 says you can carry in a motor vehicle. Motor vehicle is a term defined in the Transportation Code and does not include boats. Sorry, but the MPA does not apply to your boat.

Re: Is it legal to carry in a boat WITHOUT being a CHL holde

Posted: Wed Mar 17, 2010 10:56 pm
by cougartex
A Boat does not meet the definition of a motor vehicle. Texas Transportation Code 541.201 (23) and (11).

:txflag:

Re: Is it legal to carry in a boat WITHOUT being a CHL holde

Posted: Thu Mar 18, 2010 10:55 am
by Dutch
As mentioned earlier it will depend on the lake.

Many lake controlling authorities post that no firearms are allowed on their property. The only way around it is to have a CHL and conceal the weapon. Exceptions are made for hunters with the proper permits for that lake.

I know this because I duck hunt many lakes and they all have slightly different rules but almost all of them say no pistols, rifles or shotgun shot larger than #2 in their rule books and on the signs posted at entry points.

Re: Is it legal to carry in a boat WITHOUT being a CHL holde

Posted: Thu Mar 18, 2010 11:20 am
by Estand
cougartex wrote:A Boat does not meet the definition of a motor vehicle. Texas Transportation Code 541.201 (23) and (11).

:txflag:
A friend asked me if the MPA applies to him when he rides his motorcycle. (He has no CHL) I didn't know the answer but made me think whats the difference between my car and his motorcycle in this regards. Maybe the answer can be found in the code you mention above. Where did you get this info so I can see if it defines it there? Perhaps someone already knows the answer? :headscratch

Re: Is it legal to carry in a boat WITHOUT being a CHL holde

Posted: Thu Mar 18, 2010 11:30 am
by joe817
Estand wrote: A friend asked me if the MPA applies to him when he rides his motorcycle. (He has no CHL) I didn't know the answer but made me think whats the difference between my car and his motorcycle in this regards. Maybe the answer can be found in the code you mention above. Where did you get this info so I can see if it defines it there? Perhaps someone already knows the answer? :headscratch
There's 2 ways to go about going to a particular statute that I use when the statute is given:

1. Google it. I've always found the answer that way
2. Go directly to Texas Statutes:
http://www.statutes.legis.state.tx.us/?link=PE" onclick="window.open(this.href);return false;

It usually takes me like foreevvveerrrrr to find it when I read the Statutes, but I usually find it. It kinda makes for interesting reading too, if you can stand the pain. :lol:

Here's what I found when googling the referenced statuet:
http://law.onecle.com/texas/transportat ... 01.00.html" onclick="window.open(this.href);return false;

(GIYF) ;-)

Re: Is it legal to carry in a boat WITHOUT being a CHL holde

Posted: Thu Mar 18, 2010 7:53 pm
by marksiwel
austinrealtor wrote:"That's true, but you have all the equipment."
:cheers2:

Re: Is it legal to carry in a boat WITHOUT being a CHL holde

Posted: Thu Mar 18, 2010 11:02 pm
by srothstein
Estand wrote:
cougartex wrote:A Boat does not meet the definition of a motor vehicle. Texas Transportation Code 541.201 (23) and (11).

:txflag:
A friend asked me if the MPA applies to him when he rides his motorcycle. (He has no CHL) I didn't know the answer but made me think whats the difference between my car and his motorcycle in this regards. Maybe the answer can be found in the code you mention above. Where did you get this info so I can see if it defines it there? Perhaps someone already knows the answer? :headscratch

Yes, the MPA applies to a person on a motorcycle. The law says carrying in a motor vehicle is legal. A motorcycle is a motor vehicle with less than 4 wheels (from the transportation code section referenced), so the MPA applies to it.

Re: Is it legal to carry in a boat WITHOUT being a CHL holde

Posted: Thu Mar 18, 2010 11:06 pm
by marksiwel
so i'm all good then
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