Hunting while carrying

[Dragonfighter]

Without a CHL, one may not carry a firearm while hunting deer during the archery season. It does not matter whether one is on private or public land, the deer are considered to be state property (same reason you can't violate the bag limits on private land). With a CHL, one may carry a sidearm while hunting deer during archery season, but you cannot use a firearm on deer, even if only to "finish it off."

If you're hunting hogs, then the rules are obviously different. However, it is my understanding that the game warden has the right to inspect your camp, your ice chest, and your car if he suspects you've violated game laws. Game wardens can essentially 'trespass' on private property if they have reason to believe it's necessary to enforce the law.

SOOOO, what you're saying is the fact that I can legaly carry any weapon that I am legal to own on property under my control instantly changes due to the fact that bow season on deer is under way?
Please set me straight if I misunderstand your statement. I am always eager to understand the laws regarding firearms.

From the TPWD site RE Bow season: "A firearm may be possessed in camp, in a motor vehicle, or while hunting lawful game other than whitetail or mule deer and turkey (e.g., exotics, feral hogs, squirrels)."

[RAM4171]

http://www.tpwd.state.tx.us/publication ... s/#archery" onclick="window.open(this.href);return false;
WOW.
From the way I read it there is no distiction about what land you are on. Weather it be TPWD land or private land.
So in essence the TWPD suspends your 2A rights during bow season if you don't have a CHL.
I guess it's a good thing that I have my CHL
Oh yeah and I don't own a bow or hunt
I just like to be knowledgable about the law.
I know that the link was posted before and I just missed it.
As always thanks for the education guys, I am constantly learning from this forum, glad to have found y'all

[kjolly]

I've heard that in Texas the Parks and Wildlife officers have more legal power than any other agency. Especially when it comes to searches.

[strider67]

I've heard that in Texas the Parks and Wildlife officers have more legal power than any other agency. Especially when it comes to searches.

True that, Kjolly! I wanted to satisfy my curiosity as to what exactly the law stated and I found:

In Chapter 12 section 103, the code states, “An authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray. No action may be sustained against an employee of the department to prevent his entering on land or water when acting in his official capacity.”

The way I read it: If he wants in, he gets in...

[srothstein]

Strider67,

Well, sort of. It really does get confusing. The law allows entry but also places a lot of restrictions on the employee and the information he collects. Note that it specifically states it is only to enforce game and fish laws or to conduct scientific research, and that the information can only be used without identifying information.

But if it is a game warden the Constitution allows him to use anything he sees while in a place he has a legal right to be. I think, but cannot be sure, that the state law limiting the use of the information would take precedence over the federal court rule on plain sight evidence. It would depend on the court (state or federal) and the specifics of the case. If this ever does come up (and it might have already, I did not check), I could see situations where the case might make for some very bad case law.

[jordanmills]

Okay, a sidearm while hunting (not bow season with some exceptions) should be legal.. A handgun does not need to be the primary weapon in order to be "commonly used" in that event. Otherwise why would the statute include fishing. A side arm can be used for hunting as long as its not a rimfire (using a .22 for poaching in deer season).

However, during bow season you are only allowed to be in possession of a firearm if a CHL or...

A firearm may be possessed in camp, in a motor vehicle, or while hunting lawful game other than whitetail or mule deer and turkey (e.g., exotics, feral hogs, squirrels).

So if you are not hunting deer during bow season, you are good. Even if you are, you can still have it in camp or in/on your rig.

I would also think that if you leased the property, that is property under your control, though I wouldn't have a bow and quiver full at the same time. My experience, FWIW, has always been when the warden came into camp to check licenses, coolers, etc.; there has never been so much as a mention of the side arms we were wearing (and we had a mean one). After all there are thiiiings in the woods beside deer.

Yep. I carry while fishing (and did so before I had a CHL). It's a pretty effective way to dispatch sharks, gators, and snakes. Yes, I have 9 mm snake shot on me when I'm tramping around swamps.

[strider67]

Strider67,

Well, sort of. It really does get confusing. The law allows entry but also places a lot of restrictions on the employee and the information he collects. Note that it specifically states it is only to enforce game and fish laws or to conduct scientific research, and that the information can only be used without identifying information.

But if it is a game warden the Constitution allows him to use anything he sees while in a place he has a legal right to be. I think, but cannot be sure, that the state law limiting the use of the information would take precedence over the federal court rule on plain sight evidence. It would depend on the court (state or federal) and the specifics of the case. If this ever does come up (and it might have already, I did not check), I could see situations where the case might make for some very bad case law.

Things just can't be as simple as they seem...thanks, srothstein, for the good info...I have a lot more reading to do...


Dragonfighter wrote:
"So if you are not hunting deer during bow season, you are good. Even if you are, you can still have it in camp or in/on your rig."

jordanmills wrote:
"Yep. I carry while fishing (and did so before I had a CHL). It's a pretty effective way to dispatch sharks, gators, and snakes. Yes, I have 9 mm snake shot on me when I'm tramping around swamps."


Well, I did carry for years while hunting deer during bow season, without having a CHL. Call it ignorance of the law, I guess, as I never would have ever used it for anything but self-preservation.