Gun(s) on private boat or PWC on TX waterways - legal?

[Glockster69]

I searched the Motorist Protection Act and found nothing relative to boats or watercraft.

My understanding of Tx Concealed Handgun Laws (CHL-16, October 2012) quoted below, allows a CHL holder to carry gun(s) on watercraft, is that correct?

My question does NOT refer to watercraft with any semblance of "living quarters".

Specifically I'm talking about on Lake Livingston but if anyone knows of laws that prohibit carrying on any Texas waterways maybe this would be a good place to note them for others.


Thanks

PC §46.02. UNLAWFUL CARRYING WEAPONS.

(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1)on the person's own premises or premises under the person's control; or
(2)inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1)the handgun is in plain view; or
(2)the person is:
(A)engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C)a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water;

 

[Renegade]

Keep in mind most lakes are Federal Property and the rules are different.

Also, Texas Game Wardens enforce Texas Laws on these lakes. Whether they would enforce Federal gun laws on them I do not know.

 

[J. Fred]

Keep in mind most lakes are Federal Property and the rules are different.

Also, Texas Game Wardens enforce Texas Laws on these lakes. Whether they would enforce Federal gun laws on them I do not know.

Are you sure about that ? First I've ever heard that our lakes are Federal property.

 

[FrEaK_aCcIdEnT]

I have been on a boat that was stopped by the Game Wardens. I gave them my CHL and informed him i was carrying. Then asked if he would like to retrieve it. He said yes, for the remainder of the stop. I turned around and lifted my shirt. He took it and put it under his arm for the remainder of the talk with us. When he was satisfied with our answers and life vests on board he gave it back and everyone went on their way. This was Eagle Mountain lake about 6 or 7 years ago. shouldnt be an issue.


edit: funniest part was the guy on the tube about 50feet behind the boat had no idea i had a gun or chl. needless to say he was sinking his beer as he thought we were all going to jail. we laughed really hard later. lol

 

[Glockster69]

Why would a completely in state lake be under Fed rules?
Trinity River Authority is the sole governing body as I understand it.

I have a local Game Warden's number and will talk to him also.

 

[Renegade]

Why would a completely in state lake be under Fed rules?
Trinity River Authority is the sole governing body as I understand it.

I have a local Game Warden's number and will talk to him also.

Don't know for sure but I imagine it has to do with they bought and built it.

Corps Lakes Gateway: Texas

 

[Renegade]

Are you sure about that ? First I've ever heard that our lakes are Federal property.

Ok maybe I should have said "many" instead of "most".

 

[Glockster69]

Don't know for sure but I imagine it has to do with they bought and built it.

Corps Lakes Gateway: Texas

Ok, L Livingston is not listed on the Corps site, now what/where?

 

[txinvestigator]

Ok, L Livingston is not listed on the Corps site, now what/where?

A lake is no different than any other place. If the lake is Army COE, then carry is off limits under FEDERAL law. If not, then only Texas law applies. Glockster69, you quoted PC 46.02, therein lies your answer.

 

[Glockster69]

A lake is no different than any other place. If the lake is Army COE, then carry is off limits under FEDERAL law. If not, then only Texas law applies. Glockster69, you quoted PC 46.02, therein lies your answer.

I never would have thought of the COE being involved but I know there sign is (or was years back) on the damn, undoubtedly from original construction.

Otherwise that sounds like the closest anyone here has come to a compliment from you so I'm going to take it and run ...........


................... to the phone tomorrow and call the Game Warden. But not to worry, I'll block my number and use TexasRedneck's real name

 

[txinvestigator]

Why call the GW?

 

[Glockster69]

Why not? The way I see it, it can't hurt.

July 4th weekend I plan on boating an area that I'm not familiar with. Between the two areas I will be frequenting there is a geographic bottle neck where the GWs sit, just waiting to see any infraction. If you're suspected of BWI they take you right around the corner where a JP spends their weekend in an air conditioned shack on shore waiting to send the accused to a hotel with bars. While BWI is not a concern of mine, I do want to be sure it's legal to carry.

 

[okie556]

As already posted.....there are many lakes in TX that are controlled by Corp of Engineers (Federal). Can use this website and see all TX lakes.

Search for Places - Recreation.gov

 

[Glockster69]

Thanks, nothing showed up for L Livingston on that ^^ site either Okie.

 

[stdreb27]

A lake is no different than any other place. If the lake is Army COE, then carry is off limits under FEDERAL law. If not, then only Texas law applies. Glockster69, you quoted PC 46.02, therein lies your answer.

Hmm that's a while different wrinkle I never thought of, what about jetties? Like port aransas jetties?

 

[Acera]

If I remember there is something about a 'loaded firearm' in the law. Not sure but you may be ok if you place the magazine in your pocket and keep you weapon empty and concealed. Don't know if it's 100% true, need to find the applicable law.

GOA has been working for years to get legislation to allow the laws of the state in regards to concealed carry to apply to COE property, this allowing c-carry.

 

[FrEaK_aCcIdEnT]

found this on Texas CHL forum. Sucks, because i like Canyon Lake!

TexasCHLforum.com • View topic - Army Corps of Engineers Lake - Legal Firearm

Looks like you have to be legally hunting. Sucks, because I frequent Canyon Lake. Always swimming, so I havent even carried on Canyon Lake. Eagle Mountain was because I didnt have a safe at the time in my pickup and I didnt trust the area. Ill be checking for now on to see is it is COE.

Good thread Glockster!

 

[txinvestigator]

There is nothing in COE rules about loaded or not.

 

[ZX9RCAM]

Be sure to post your results Curtis.

 

[J. Fred]

Keep in mind most lakes are Federal Property and the rules are different.

Also, Texas Game Wardens enforce Texas Laws on these lakes. Whether they would enforce Federal gun laws on them I do not know.

Thanks for posting this. It was an eye opener for me !