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Texas CHL on a boat?

Posted: Mon Apr 23, 2007 8:52 pm
by mr.stuart
I have not found any law in reference to boating and CHL.I am thinking specifically about the Neches River in Texas,Any idea's?

Posted: Mon Apr 23, 2007 8:57 pm
by Venus Pax
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: )

Posted: Mon Apr 23, 2007 9:08 pm
by txinvestigator
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.

Posted: Mon Apr 23, 2007 9:36 pm
by Crossfire
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"?

Posted: Mon Apr 23, 2007 10:35 pm
by txinvestigator
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.

Posted: Tue Apr 24, 2007 12:21 am
by stevie_d_64
txinvestigator wrote:
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.
Well it is still a (mode of) conveyance in the general sense...In that there may be some other provisions in the law that regulate the carrying or posession of firearms on a vehicle designed to operate on the water...

I recall a heated discussion (last year?) about the way the Coast Guard conducts their shipboardings when weapons are admitted to by the civilian operators, and or discovered...

If we thought that unlicensed car carry was a volitile subject...Do it on the water and see what happens...I shudder to think...

But then again the last significant watercraft I was on sported a couple of big 5" guns...And nobody seemed to have a problem with that...Or bothered to raise an issue about it... :lol:

Personally I do not see a difference between unlicensed car carry, and boat carry...Both methods of conveyance frown upon operating same while under the influence, both menthods require registration of the conveyance, and boats require a few more safety items to be able to operate legally without any problems from the state and its enforcement agencies...

The only "real" signs I've seen on the water are "NO WAKE ZONE!"

What they really need is one at the loading ramp saying:

"Don't forget the bilge plug!" or something else nautical...Geesh I dunno...

Posted: Tue Apr 24, 2007 8:12 am
by Crossfire
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.

Posted: Tue Apr 24, 2007 9:57 am
by txinvestigator
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.

houseboat?

Posted: Tue Apr 24, 2007 10:47 am
by Rex B
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?

Posted: Tue Apr 24, 2007 12:38 pm
by Braden
For those with a CHL, I believe the only place carrying on a boat is prohibited is on Corp of Engineer lakes. I think I recall those being restricted. Now, when you get into the Gulf then you start dealing with the Coast Guard and I don't know anything about that.

It seems a bit of a stretch to apply the traveling law to boats. I don't think that would hold up in court.

Posted: Tue Apr 24, 2007 12:44 pm
by GrillKing
Carry your Marine Magnum Shotgun. Problem solved.

Posted: Tue Apr 24, 2007 12:52 pm
by Saulnier
12 Ga Flare Gun????

Saulnier

Posted: Tue Apr 24, 2007 1:01 pm
by GrillKing
Saulnier wrote:12 Ga Flare Gun????
12 Ga Remington 870 Shotgun, Nickel Plated for Corrosion Resistance

http://www.remington.com/products/firea ... magnum.asp

Re: houseboat?

Posted: Tue Apr 24, 2007 3:32 pm
by txinvestigator
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.

Re: houseboat?

Posted: Tue Apr 24, 2007 7:08 pm
by Darwood
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. ;-)