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Old April 3, 2012, 04:23 PM   #18
carguychris
Senior Member
 
Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
I'd like to add a few notes to psyfly's post and the TX statute re: unlicensed carry and "sporting" activities.

IMHO it's critical to emphasize a few specific words in the statute:
Quote:
Section 46.02 does not apply to a person who... is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity...
(emphasis mine)

My thoughts...
  • The word "lawful" in conjunction with "hunting" and "fishing" implies that the carrier must have the requisite TX Parks & Wildlife license and legal permission to engage in said activity, TX CHL notwithstanding. IOW if you're caught carrying a handgun in the woods without a CHL on property that isn't yours, saying "I'm Hunting!" is not a Get Out Of Jail Free card unless you have the TPW license and can demonstrate that you have permission to be there.
  • What kind of weapon is commonly used while backpacking? The only weapon I've ever used while backpacking is a knife (re: Aguila's post). Handguns are seldom carried in TX for critter defense because of a relative dearth of predators big enough and common enough to threaten humans.
I think it will be a tall order to convince a judge or grand jury (a) that backpacking is a "sporting" activity within the intent of the statute, and (b) that a handgun is "commonly used" while backpacking in TX.
Quote:
You may carry your gun from your place of residence (including your hotel room) to your car/truck as long as it is concealed; no license necessary.

You may carry your gun from your car/truck to your residence (including your hotel room) as long as it is concealed; no license necessary.

You may carry your loaded gun in your car/truck as long as it is concealed; no license necessary.
This is basically correct, but IMHO it is important to emphasize the exact wording of the statute. A person may CCW when...
Quote:
...inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
[Penal Code 46.02(a)(2)]
  1. I would treat "directly en route" as just that; no stops at the gas station, no side trip to the drink machine in the hotel lobby, etc. If you decide to take the gun anywhere that's not in a direct path between the room and the vehicle, you must ask yourself "Do I Want To Be The Test Case." (This statute is recent and AFAIK has not been tested in court.)
  2. If you strictly follow the wording of the statute, you may CCW if you're driving the vehicle, you own it, and/or you have legal control of it, i.e. you have rented or leased it. You may NOT, however, CCW as a passenger in a vehicle you do not own or legally control.
  3. Although TX law defines motorcycles, scooters, farm tractors, and even golf carts (under certain circumstances) as "motor vehicles", the "...inside of..." wording implies that it's not legal to CCW while riding on a vehicle that lacks an enclosed cabin, such as a motorcycle. (The previous disclaimers apply.)
  4. The statute does not address how the handgun may be concealed; this implies that carrying it on your person is legal, but keep point #1 above in mind.
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