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by txinvestigator
Wed Apr 25, 2007 6:44 am
Forum: General Texas CHL Discussion
Topic: Texas CHL on a boat?
Replies: 15
Views: 2333

Re: houseboat?

Darwood wrote:
txinvestigator wrote:No, laws don't "trump" other laws.
Federal minimum wage trumps state minimum wage. That's one law I could think of that trumps another. ;-)
Actually they are enforceable seperately. Just like drug laws. There is a Federal Law against possession of marijuana. Some states have a "medical" provision for possession, but the feds can and often still do prosecute.

Not really a Trump, but seperate enforcement.
by txinvestigator
Tue Apr 24, 2007 3:32 pm
Forum: General Texas CHL Discussion
Topic: Texas CHL on a boat?
Replies: 15
Views: 2333

Re: houseboat?

Rex B wrote:Since a bigger sailboat or cruiser or houseboat with living quarters can be called a "vacation" home according to the IRS, would such a vessel not become an extension of your home, for purposes of carrying - CHL or not?

Would it matter whether it were inland or coastal waterways?
Does maritime law trump Texas law?
Ahh, good point. It well could be.

No, laws don't "trump" other laws.
by txinvestigator
Tue Apr 24, 2007 9:57 am
Forum: General Texas CHL Discussion
Topic: Texas CHL on a boat?
Replies: 15
Views: 2333

llwatson wrote:
txinvestigator wrote:Probably not, as traveling usually involves going somewhere, rather than up and down a river, or round and around on a lake. ;-)

And the presumption would not apply as it requires the person be in a Private Motor vehicle.
If a boat is propelled by a motor (not a row boat) and is privately used (not public transportation), then is it not a Private Motor Vehicle??

And where in the traveling law does it say that I have to be actually going somewhere, and not just out for a nice Sunday drive?

Come on TXI, I expected more of you! Ya gotta quote chapter and verse for me.
Traveling has been ruled in court in the past by a wide definition. Usually things like "overnight travel" or traveling from one county thru another and into a third, etc, have been the prevailing rule. In fact, I am aware of no case law from the appellate courts, so each court is free to interpret traveling on their own on a case by case basis.

The Traffic laws define "Vehicle" as; a device that can be used to transport or draw persons or property on a highway, and motor vehicle as a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires.

Even Merriam Webster defines motor vehicle;

Main Entry: motor vehicle
Function: noun
: an automotive vehicle not operated on rails; especially : one with rubber tires for use on highways.
by txinvestigator
Mon Apr 23, 2007 10:35 pm
Forum: General Texas CHL Discussion
Topic: Texas CHL on a boat?
Replies: 15
Views: 2333

llwatson wrote:
txinvestigator wrote: Without a CHL carrying a handgun on or about your person is a crime, unless you meet one of the other non-aaplicability of 46.15. Being on a boat is not an exception.
Hmmm... wouldn't he be "traveling"?
Probably not, as traveling usually involves going somewhere, rather than up and down a river, or round and around on a lake. ;-)

And the presumption would not apply as it requires the person be in a Private Motor vehicle.
by txinvestigator
Mon Apr 23, 2007 9:08 pm
Forum: General Texas CHL Discussion
Topic: Texas CHL on a boat?
Replies: 15
Views: 2333

Venus Pax wrote:IANAL, but since the Neches River is a part of Texas, I would imagine you can take your gun w/ you if you have a CHL. If it's your boat, I don't think you would need one. If you head for the Sabine, brush up on your Louisiana laws, since half of it is theirs.


(I doubt the river is posted. :lol: )
Without a CHL carrying a handgun on or about your person is a crime, unless you meet one of the other non-aaplicability of 46.15. Being on a boat is not an exception.

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