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9/23/2020 3:47:02 PM
Posted: 5/31/2010 6:23:52 PM EDT
My brother ( who is over 18 but under21)went on a canoe trip over the
weekend and had a few drunk guys Shooting guns right by where they where camping for the
night. My question is is it legal for him to carry a handgun in a bag or something
for
protection?
Link Posted: 5/31/2010 6:34:47 PM EDT
[Last Edit: 5/31/2010 6:40:38 PM EDT by OFFascist]
If you have a CHL you can carry a handgun.
Whenever I'm boating I carry one, also have a lanyard so the event that I take a dunk I'll hopefully not lose it.





If no CHL then you would be limited to long arms.



 
Link Posted: 5/31/2010 8:38:42 PM EDT
He may still be considerd "traveling" in which case he would be okay concealed or open, but it is considered a defense to prosecution (the burden of proof that he is traveling is on him if it goes to trial)

Much better choice to take a long gun. Also be aware that if you are on corp of engineers land/waters it is against federal regulation.
Link Posted: 6/1/2010 8:48:46 AM EDT
Originally Posted By StealthCRF:
He may still be considerd "traveling" in which case he would be okay concealed or open, but it is considered a defense to prosecution (the burden of proof that he is traveling is on him if it goes to trial)
 Traveling is not a defense to prosecution.  If you are traveling, unlawful carry a weapon does not apply to you.

Also be aware that if you are on corp of engineers land/waters it is against federal regulation.


Yep, lots of folks forget this.

Link Posted: 6/1/2010 8:51:35 AM EDT
Originally Posted By txinvestigator:
Originally Posted By StealthCRF:
He may still be considerd "traveling" in which case he would be okay concealed or open, but it is considered a defense to prosecution (the burden of proof that he is traveling is on him if it goes to trial)
 Traveling is not a defense to prosecution.  If you are traveling, unlawful carry a weapon does not apply to you.

Also be aware that if you are on corp of engineers land/waters it is against federal regulation.


Yep, lots of folks forget this.



My mistake, good catch.
Link Posted: 6/1/2010 11:01:18 AM EDT
Correct me if I'm wrong, but since the river is navigable, they're cool, but once they step foot on the bank, they could be trespassing.
Link Posted: 6/1/2010 11:12:27 AM EDT
Originally Posted By joemama74:
Correct me if I'm wrong, but since the river is navigable, they're cool, but once they step foot on the bank, they could be trespassing.



totally true.

Devils river is, as far as i know, the only river in TX in which the river bottom is NOT owned by the state.
Link Posted: 6/1/2010 11:20:03 AM EDT
Originally Posted By joemama74:
Correct me if I'm wrong, but since the river is navigable, they're cool, but once they step foot on the bank, they could be trespassing.


I am confused about the "navigable" thing.  To what does that refer?
Link Posted: 6/1/2010 11:42:28 AM EDT
Originally Posted By txinvestigator:
Originally Posted By joemama74:
Correct me if I'm wrong, but since the river is navigable, they're cool, but once they step foot on the bank, they could be trespassing.


I am confused about the "navigable" thing.  To what does that refer?


It means the river is considered a navigable water way. Different rules than a creek or stock tank.


Also make damn sure he doesn't get into trouble for trespassing with a gun on him. Lots of people who own land on the rivers get mighty sick of it being treated like "community" land.
Link Posted: 6/1/2010 11:58:34 AM EDT
Originally Posted By cwebbcam:
Originally Posted By txinvestigator:
Originally Posted By joemama74:
Correct me if I'm wrong, but since the river is navigable, they're cool, but once they step foot on the bank, they could be trespassing.


I am confused about the "navigable" thing.  To what does that refer?


It means the river is considered a navigable water way. Different rules than a creek or stock tank.
Different rules WHERE?  I see nothing in PC 46 about waterways AT ALL.

To what, specifcally, is the relevance of navigable waterways?



Link Posted: 6/1/2010 1:48:47 PM EDT
This cross references some laws to the way I understand it:

http://www.tpwd.state.tx.us/publications/nonpwdpubs/water_issues/rivers/navigation/sweeney/
Link Posted: 6/1/2010 2:53:40 PM EDT
Originally Posted By txinvestigator:
Originally Posted By cwebbcam:
Originally Posted By txinvestigator:
Originally Posted By joemama74:
Correct me if I'm wrong, but since the river is navigable, they're cool, but once they step foot on the bank, they could be trespassing.


I am confused about the "navigable" thing.  To what does that refer?


It means the river is considered a navigable water way. Different rules than a creek or stock tank.
Different rules WHERE?  I see nothing in PC 46 about waterways AT ALL.

To what, specifcally, is the relevance of navigable waterways?





They were speaking of the relevance to criminal trespass if property is posted/marked. Nothing at all to do w/ weapons.
Link Posted: 6/1/2010 3:30:28 PM EDT
Originally Posted By StealthCRF:
Originally Posted By txinvestigator:
Originally Posted By cwebbcam:
Originally Posted By txinvestigator:
Originally Posted By joemama74:
Correct me if I'm wrong, but since the river is navigable, they're cool, but once they step foot on the bank, they could be trespassing.


I am confused about the "navigable" thing.  To what does that refer?


It means the river is considered a navigable water way. Different rules than a creek or stock tank.
Different rules WHERE?  I see nothing in PC 46 about waterways AT ALL.

To what, specifcally, is the relevance of navigable waterways?





They were speaking of the relevance to criminal trespass if property is posted/marked. Nothing at all to do w/ weapons.


Gotcha, thanks
Link Posted: 6/4/2010 5:34:20 AM EDT
What part of the Brazos?  My dad and I do the trip from the Possum kingdom dam to the hwy 4 bridge every april and have yet to see a game warden, sheriffs deputy or anyone else patrolling the river.
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