Page 1 of 3
Boating
Posted: Mon Jun 08, 2009 8:57 pm
by M Weber
Can you carry or have in your boat, while fishing Texas bay waters.
Just wondering
Re: Boating
Posted: Tue Jun 09, 2009 5:44 am
by Liberty
Yes
if the gun is concealed and you have a CHL.
The only Texas waters that are restricted from CHL carry is Corp of Engineer waters These are waters typically controlled by dams. The Rio Grande is probably restricted too.. but I don't know if mere American citizens are allowed access there any more.
Re: Boating
Posted: Tue Jun 09, 2009 8:13 am
by Rex B
Liberty wrote:Yes
if the gun is concealed and you have a CHL.
The only Texas waters that are restricted from CHL carry is Corp of Engineer waters These are waters typically controlled by dams.
That pretty much covers every lake in Texas, since we have so few natural lakes.
Note that also includes many shore areas and even areas far from the lake.
I would add that it is legal and recommended to keep a flare gun on board, along with plenty of amm....er, flares.
Re: Boating
Posted: Tue Jun 09, 2009 9:17 am
by AEA
Rex B wrote:
That pretty much covers every lake in Texas, since we have so few natural lakes.
NONE
Yep, there was only
ONE natural lake in Texas - Caddo Lake, until 1914 when a part of it was dammed.
History: This lake was the only natural lake in Texas until it was artificially dammed in the early 1900's when oil was found and for flood control in 1914. A new dam replaced the old one in 1971. Caddo Indian legend attributes the formation of the lake to a giant flood. Scientists believe the lake formed when floodwaters, blocked by massive log jams on the Red River, backed up into the Cypress Bayou watershed, forming the lake.
Re: Boating
Posted: Tue Jun 09, 2009 10:08 am
by casingpoint
Toledo Bend is not a Corps of Engineers lake. There may be another like it in Texas. Most of the other larger lakes are probably Corps lakes. While you should keep a handgun concealed in Texas when boating where a handgun is allowed, I doubt you need a CHL to do so. But, I have never seen a definitive legal opinion on that, just a lot of idle speculation.
Re: Boating
Posted: Tue Jun 09, 2009 10:32 am
by Rex B
This has been discussed before. Corp of Engineers bars firearms on land/lakes they control, no different than a Federal building or a post office.
May not be right, but that's what they do.
Re: Boating
Posted: Tue Jun 09, 2009 10:51 am
by casingpoint
Corp of Engineers bars firearms on land/lakes they control
Federal building and post offices, OK, but that's probably not going to fly after Heller if tested. Too vague.
Re: Boating
Posted: Tue Jun 09, 2009 10:56 am
by Rex B
Are you volunteering to be a test case?
Re: Boating
Posted: Tue Jun 09, 2009 11:16 am
by joe817
Rex B wrote:This has been discussed before. Corp of Engineers bars firearms on land/lakes they control, no different than a Federal building or a post office.
May not be right, but that's what they do.
I think Rex B may be right....but as always reading through the regs is confusing to me as I find what appears to be contradictions, which I am not able to interpret. Corps of Engineers has a brochure on their website:
http://www.swf.usace.army.mil/pubdata/o ... itle36.pdf" onclick="window.open(this.href);return false;
Look at 327.13(a): "The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other edged weapons., unless" ......etc, etc, etc
[this doesn't make sense to me in regards to edged weapons; ie: fishing knife. Know any fisherman who doesn't carry a fishing knife in their tackle box???]
Now look at 327.26 State and local laws (I'm not gonna type all this verbage, as I can't copy/paste as it's in .pdf format)
Particularly: 327.26 (a)(2) and (b)
Soooo....to make a short story long.....I just don't know. Anyone else care to take a stab at it?
Re: Boating
Posted: Tue Jun 09, 2009 11:18 am
by joe817
joe817 wrote:Rex B wrote:This has been discussed before. Corp of Engineers bars firearms on land/lakes they control, no different than a Federal building or a post office.
May not be right, but that's what they do.
I think Rex B may be right....but as always reading through the regs is confusing to me as I find what appears to be contradictions, which I am not able to interpret. Corps of Engineers has a brochure on their website:
http://www.swf.usace.army.mil/pubdata/o ... itle36.pdf" onclick="window.open(this.href);return false;
Look at 327.13(a): "The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other edged weapons is prohibited unless:" ......etc, etc, etc
[this doesn't make sense to me in regards to edged weapons; ie: fishing knife. Know any fisherman who doesn't carry a fishing knife in their tackle box???]
Now look at 327.26 State and local laws (I'm not gonna type all this verbage, as I can't copy/paste as it's in .pdf format)
Particularly: 327.26 (a)(2) and (b)
Soooo....to make a short story long.....I just don't know. Anyone else care to take a stab at it?
Re: Boating
Posted: Tue Jun 09, 2009 11:27 am
by dicion
Except as otherwise provided in this part or by Federal law or regulation, state and local laws and ordinances shall apply on project lands and waters.
I take that to mean-
If any state law specifies anything
not specifically mentioned in this, that law is valid as well.
So for example, This says that hunting is allowed, no license specified. However if state or federal law says you need a hunting license, then you still need one here.
Since ''No Weapons" Is already covered in this, state law to allow it does not apply.
Re: Boating
Posted: Tue Jun 09, 2009 11:36 am
by joe817
Thanks dicion. It's a shame that Texas lakes are not considered part of the National Parks System. Then CC would be allowed.
As it stands now, it's not allowed. Hmmmm....something to consider.
Re: Boating
Posted: Tue Jun 09, 2009 12:28 pm
by wheelgun1958
joe817 wrote:It's a shame that Texas lakes are not considered part of the National Parks System. Then CC would be allowed.
Some are. For instance Amistad Reservoir (Texas side) is a national recreation area (NPS). Just be sure to not wander into Mexican waters.
Texas lake finder will show controlling authority.
http://www.tpwd.state.tx.us/fishboat/fi ... nal/lakes/
Re: Boating
Posted: Tue Jun 09, 2009 1:01 pm
by casingpoint
Are you volunteering to be a test case?
No. I am merely pontificating that the issue might be tested favorably in the future following Heller. Now, if they catch me out there packing on Corps property, then yes, I will be a test case. Far as I can tell, there is no enforcement of this law.
Re: Boating
Posted: Tue Jun 09, 2009 1:12 pm
by The Annoyed Man
Rex B wrote:Liberty wrote:Yes
I would add that it is legal and recommended to keep a flare gun on board, along with plenty of amm....er, flares.
