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Good information Steve. Thank you.

To satisfy my own curiosity about concealed handgun carry on all waters controlled by the Brazos River Authority, I made 2 phone calls to them and wound up at the ranger station at the PK office. Talked to a knowledgeable and nice park ranger, who told me that concealed carry is not prohibited while carrying on B.R.A. waterways and lakes. He did say "be sure to tell your friend to have his CHL on him while fishing though, if he's carrying".

http://www.brazos.org/default.asp" onclick="window.open(this.href);return false; (just fyi)

dicion wrote:Joe, Then again, the penalty for not showing goes away in 2 months.. so with that in mind, it also changes the equation.

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I agree dicion, but it's still in place for now. I thought I'd cover that base just to be sure. Thanks for pointing it out.

Sigfan wrote: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!

Sigfan, you pose some interesting questions. I'm no attorney for sure, and not yet even a CHL holder. Plus I find the law confusing, so take my opinion with a big grain of salt.

1. "Does asking for a fishing license constitute asking for ID?" I'd say so since a fishing license is a form of id. And since you are a CHL holder, I'd also think it would be in your best interests to show them your CHL as well(for now at least until the law changes as of Sep.01, as I understand it.)

2. "And does having a pistol in your bag that is in the canoe and not on your person, still constitute concealed carry?" I'd say so, yes as it is "about" your person. It doesn't have to necessarily be on your person.
"3. You get back in your canoe and head downriver. Did you break the law at any time during this? " I find this the most confusing of all.

My answer? Yes, no or maybe. I would think it depends on who controls the waterway that your boat is in. Eg: on lakes controlled by the Army Corps of Engineers, you'd be in violation of concealed carry since it is prohibited(as I understand it). Lakes have been talked about in length, so it depends on who owns/controls/operates that lake. I would think the same applies to rivers as well.

Finally, I ask: is a game warden either a peace officer or magistrate? I honestly don't know for sure. I really don't. The more I learn about CHL the more I realize how ignorant of the laws I really am. It's a little discouraging to be honest with you.

If they are a magistrate or peace officer then I'm sure this comes into play:

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.

(b) A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.

If I've said anything blatantly wrong and incorrect, please forgive me. I'm just trying to be pointed in the right direction.

Joe