TexasCHLforum.com

casingpoint wrote:

Given the highly regulated nature of hunting and the corresponding reduced expectation of privacy of hunters in their gear and their take from hunting, we find it is reasonable to detain hunters briefly, near hunting areas during hunting season, to inspect their licenses, tags, equipment, and any wildlife taken. Defendant contends such inspection may occur only “on site.” We disagree. The remote and expansive nature of hunting areas permits an inspection at a nearby, reasonable location. That standard was met here; the checkpoint was established at a safe location, chosen for the opportunity to inspect the most hunters at a single location. Our analysis is in accord with that of other state courts that have upheld the use of fish and game checkpoints against constitutional attack.

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I have no problem with the checkpoint. I support Game Wardens 100%. The provide a very valuable service to anyone that appreciates wildlife.

I had originally asked the second question about the gun not being on my person, and in a sealed bag for the legality of having it with me.

I know that you can have a gun in your car anywhere if you have a CHL, and I think even without one now with the somewhat recent law. But if you are outside of your car with a CHL, does it need to be on your person at all times? Or just nearby? I feel very uncomfortable if mine is not with me at all times outside of my house. I do not want someone taking it or "playing" with it.

It would not have been legal for someone without a CHL to have a gun in their canoe, and if the GW had asked for my license or picture ID I would have produced my CHL. I think I would have been ok under the law, but am not 100% sure what kinda of "bubble" the CHL gives as far as being in possession of a handgun. At one point I was about 2 feet away from the canoe to give the GW my license. Being that it was on the river, and I wanted it to be in a water proof bag, I think they would understand and probably not make an issue of it. But I would prefer not to rely on the GW being understanding and just make sure I am within the letter of the law at all times. Still not sure if I was on that one.

I don't consider the fishing license as a form of ID, just like I wouldn't consider a Six Flags pass a form of ID and that one even has a picture on it. To me ID is either a state issued ID card, or drivers license. Both of which have a photo ID and address on them. I see a fishing license as having legally registered and paid to fish, and thats about it. I can understand if a GW generally asks for a drivers license or photo ID in conjunction with the fishing license since it could be anyone's license. And in that case a form of ID was requested and the CHL would be required. It was probably a fluke that he didn't ask for a form of ID as well.

The only reason I didn't produce my CHL is because I honestly didn't even think about it. Had my gun been on me, I most likely would have produced my license and CHL when asked for the fishing license. But since it was packed up in a water proof bag the thought never crossed my mind until the event was over. I am always more alert when carrying on my person. Epecially when the game warden is carrying a Glock with 3 spare magazines visable.

StewNTexas wrote:Yeah, but were you fishing? Did you have rods & reels clearly visible? Maybe you were just enjoying the cool breeze on the water. This is one thing not mentioned.

If you were fishing, or had fishing gear available, I would understand their asking for your fishing license. Otherwise, no.

Yes we had rods clearly visable. They seemed to be stopping everyone though rather they had fishing gear showing or not. Being it was the 4th of July they were most likely checking for underage drinking (the people stopped when we got there looked to be younger), and anything else they could think of. They made sure we had life vests etc, but did not hassle us in any way. If we hadn't had rods, I am not sure what they would have asked us.

Fishing without a license would result in a fine. I got my fishing license the day before just for the trip, along with a cheap rod. And didn't fish once. haha

Good info Joe. I knew it was legal to carry, just wasn't sure about if a fishing license was considered ID. I doubt I could use it to get into a bar, or as ID at a bank since there is not a picture on it. It might be that its common for them to check a license against an ID and for whatever reason they didn't on this occasion. I have only had a fishing license for 4 days, and only been checked the one time. Has anyone else been checked? And did they ask for ID along with the license?

This was on the Brazos river, just down from the Possum Kingdom dam. So not COE property, I have carried at Possum Kingdom state park many times.

I am glad you posted the actual code:

Sec. 411.205. DISPLAYING LICENSE; PENALTY. (a) If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.

Here is where I think we were in the clear not showing. According to part A, if they demand identification, the license holder displays both the drivers license and CHL. We were asked for a fishing license, but not once did they ask for (or demand) ID or a drivers license. Since they looked at our fishing licenses and never asked us for ID, I fail to see how if ID was not required, a CHL would have been required.

I haven't heard about the changes on Sept 1st, but I firmly believe in notifying law enforcment, and would do so even if not required if they asked to see my ID. I do not want a situation where an officer sees me print or something and confronts me at gun point. I believe its safer for everyone if they know you are legally carrying a firearm.

To be honest I didn't even think of giving him my CHL until after I had already given him my fishing license and he said I was good to go. Had he asked me for my ID, I would have given my CHL without a second thought since I keep it right behind my license.

Thanks for the replies. It was something a friend and I were discussing after we got back in the canoe and heading down river and we were not sure if we had just done something wrong or not.

KD5NRH wrote:

Sigfan wrote:Does asking for a fishing license constitute asking for ID?

IIRC, hunting and fishing licenses are technically not valid unless accompanied by a valid photo ID, so yes, it would.

None of us were asked for a photo ID, they just asked for a fishing license. Had they asked for a photo ID as well, that would have cleared up the issue.

I figure next time someone asks to see my fishing license, I will ask them if they need ID as well.

So say you are on a canoe trip going down the river. You have a CHL, and there is a pistol in your waterproof clothes bag as you pass by a checkpoint. They wave you over and ask to see your fishing license. You give them your fishing license, they look at it and say have a nice day. You get back in your canoe and head downriver. Did you break the law at any time during this?

Does asking for a fishing license constitute asking for ID?

And does having a pistol in your bag that is in the canoe and not on your person, still constitute concealed carry?

Thanks!