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by Keith B
Tue Oct 20, 2009 2:37 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Firearm in a state park?
Replies: 32
Views: 4642

Re: Firearm in a state park?

casingpoint wrote:http://law.justia.com/texas/codes/pw/00 ... 01.00.html
SUBCHAPTER B. PROPERTY OF THE STATE



§ 1.011. PROPERTY OF THE STATE. (a) All wild animals,
fur-bearing animals, wild birds, and wild fowl inside the borders
of this state are the property of the people of this state.
(b) All fish and other aquatic animal life contained in the
freshwater rivers, creeks, and streams and in lakes or sloughs
subject to overflow from rivers or other streams within the borders
of this state are the property of the people of this state.
(c) All the beds and bottoms and the products of the beds and
bottoms of the public rivers, bayous, lagoons, creeks, lakes, bays,
and inlets in this state and of that part of the Gulf of Mexico
within the jurisdiction of this state are the property of this
state
. The state may permit the use of the waters and bottoms and
the taking of the products of the bottoms and waters.
(d) The Parks and Wildlife Department shall regulate the
taking and conservation of fish, oysters, shrimp, crabs, turtles,
terrapins, mussels, lobsters, and all other kinds and forms of
marine life, or sand, gravel, marl, mud shell, and all other kinds
of shell in accordance with the authority vested in it by this code.

Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Think I may have found the COE loophole. See above. Are they really PUBLIC or does the COE just allow us to use them?

EDIT TO UPDATE: Well, just found that they are http://corpslakes.usace.army.mil/employ ... icland.cfm" onclick="window.open(this.href);return false;, so it would be a court ruling for that one. Interesting. :mrgreen:
by Keith B
Tue Oct 20, 2009 1:03 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Firearm in a state park?
Replies: 32
Views: 4642

Re: Firearm in a state park?

casingpoint wrote:keithb,

I modified my earlier post to reflect the State does own all water bottoms in Texas. Sorry about that.
Can you link to a statute on that? I still don't think it would make any difference since the shore around it and any access to it would be via COE.
by Keith B
Tue Oct 20, 2009 1:02 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Firearm in a state park?
Replies: 32
Views: 4642

Re: Firearm in a state park?

casingpoint wrote:keithb,

I modified my earlier post to reflect the State does own all water bottoms in Texas. Sorry about that.
Can you link to a statute? I still don't think it would make a difference as the shore around it would still be COE.
by Keith B
Tue Oct 20, 2009 11:14 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Firearm in a state park?
Replies: 32
Views: 4642

Re: Firearm in a state park?

casingpoint wrote:Would the current law apply to a waterbody such as Sam Rayburn Reservoir? The State of Texas owns the water in this Corps of Engineers lake and, making an assumption here, probably the water bottom to the high water mark.

Corps of Engineers Lake may be a misnomer if the Corps merely owns the surrounding land within the project boundary.
Really won't matter. Even if that would play out, while the state may own the water, the bowl it sits in is owned by COE. To get into it you are going to have to cross COE property, unless you come in via helicopter, parachute or flying saucer. And you wpould have to leave the same way to not be in violation. :lol:
by Keith B
Tue Oct 20, 2009 9:25 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Firearm in a state park?
Replies: 32
Views: 4642

Re: Firearm in a state park?

mr.72 wrote:
stash wrote:Thanks Keith. Maybe I should have asked the question differently. What I meant to ask was how does one know it is COE land? Do they have a sign or something to indicate it is federal property or COE land?
Not necessarily.
Mr. 72 is absolutly correct. COE land usually surrounds lakes and bodies of water, since their function in life is flood control. However, there could be locations I am unaware of that are not near water.

One other thing to watch is there are several locations where a park that is on the edge of a lake is controlled by another entity (like a city or TPWD) but the land is still owned by COE. In this case, the property is still off limits, but can be deceiving since the other entity controls it. A good example is Copperas Branch Park on Lake Dallas. The City of Highland Village runs the park, but is is DEFINITELY COE land! And there is not one sign I rememebr seeing that stated it beloned to the COE.
by Keith B
Tue Oct 20, 2009 7:51 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Firearm in a state park?
Replies: 32
Views: 4642

Re: Firearm in a state park?

stash wrote:Anyone know if COE property is posted as such or is posted at all?
Doesn't have to be. Per 36 CFR 327.13 COE land falls under federal rules, not state, and is off-limits. There are exceptions where they are teaching hunter safety or other firearms courses, or have a range on property, but there are specific guidelines as to bringing your firearm for that venture.

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