Handgun in Kayak

[wildnout]

I'm sure this topic has been brought up several times. One of my fishing partners always load up his handgun in his kayak. Since I'm new to the game, Is it legal to carry? its a debate we had brought up. I cant find a discussion about the topic on the forum.

Richard

[MirrodineEC]

Might be but I would make sure to have consealed handgun liscense just to be safe.

[phat_phish]

It's legal. Check out this resource: http://www.uslawshield.com/texas/texas-gun-law/" onclick="window.open(this.href);return false;
While you're there sign up. These are the good guys if you ever have to defend yourself with a gun. They're extremely helpful in answering questions about carrying a gun with and without a CHL.

[Flats stalker]

Yes your legal, its always better to have your CHL and to have it with you instead left in your vehicle where it might get broke into

[JaimeInTexas]

A boat is like car; it is legal to transport your firearm iin your kayak, boat or car. If you do not have a CHL, then do not transport your weapon in a holster that could be construed as concealed carry. Transport in a bag/box and always out of view. A CHL person has a duty to inform a law enforcement officer,nin his official capacity, that you are carrying (or not) when identifying yourself.

[Milkjug]

I'm sure this topic has been brought up several times.

It has, and this thread has the potential to be as epic as the last ones too.

IMO, a good idea, but only for sketchy launches at sketchy times. Probably of little use and maybe more harm than good if you are a "scared of snakes and gators" guy or one that feels like flinging topwaters at close passing boaters.

[Alsatian]

CHL person has a duty to inform a law enforcement officer,nin his official capacity, that you are carrying (or not) when identifying yourself.

Not true anymore. Since the castle doctrine allows people to carry in their vehicle without informing an LEO when pulled over, they changed it so so a CHL carrier doesn't have to inform them either. But when the officer gets back to you after running your license one of the first questions is going to be "are you a CHL carrier and why didn't you tell me?" Best bet is to go ahead and be upfront about it and save the hassle of more questions.

As far as the kayak goes, it's considered a vehicle and you are allowed to carry a firearm on/in it. I always do.

[karstopo]

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

[phat_phish]

Not exactly. If a CHL holder you must present your CHL to an officer anytime they request your ID. That requirement replace the previous duty to inform laws.

[Absolut]

CHL person has a duty to inform a law enforcement officer,nin his official capacity, that you are carrying (or not) when identifying yourself.

Not true anymore. Since the castle doctrine allows people to carry in their vehicle without informing an LEO when pulled over, they changed it so so a CHL carrier doesn't have to inform them either. But when the officer gets back to you after running your license one of the first questions is going to be "are you a CHL carrier and why didn't you tell me?" Best bet is to go ahead and be upfront about it and save the hassle of more questions.

As far as the kayak goes, it's considered a vehicle and you are allowed to carry a firearm on/in it. I always do.

I normally don't carry in my yak or boat for that matter, but if you do choose touts totally legal without a CHL...just like your car. However, you do need to know the law because while its legal to carry your gun to your car or yak or boat on your own property it is not legal for you to carry it from your car once its in there if you are not on your property anymore. So, you could put it in your yak before you leave home, but if you don't have a CHL and have it in your car, then load up your yak after you put it in the water you are breaking the law.

[hipshot]

From the Texas Penal Code:
Sec. 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.
(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.
(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.


Alsatian, you might wish to check out your source. The automatic suspension was removed, but CHL holders are still required to inform.

[Yaklash]

Not exactly. If a CHL holder you must present your CHL to an officer anytime they request your ID. That requirement replace the previous duty to inform laws.

Last time I renewed they said I do not have to disclose or show my CHL when pulled over and asked for license and registration

[quibbly]

I just completed my CHL and the rule in Texas still applies (even if you don't have a CHL). You can carry a gun in your car or boat, no CHL is needed. A CHL does help a little better. Depending on the area, it is nice to have.

Only rule, if you do not have a CHL, you can't have it hidden on your person. If you have a small storage area in your yak, put it there

[Alsatian]

Alsatian, you might wish to check out your source. The automatic suspension was removed, but CHL holders are still required to inform.

My information came from the CHL instructor a few months ago when I took my class.

Reason being is that the CHL holder is being discriminated for having a CHL while others without a CHL are carrying concealed in their vehicle and don't have to inform the officer, so they changed it. This information, once again, is coming from the CHL instructor when I took my class.

[phat_phish]

Everyone's first mistake is trusting that your CHL instructor is a reliable source of information. You really need to research on your own and a forum is not research. That's why I highly recommend texas law shield. You can get reliable information from experts in gun law and the use of deadly force. Having a lawyer on call 24/7 is an absolute neccesity if you own a gun. No one want sto end up like Joe Horn.

And with that I've officially hijacked the topic so I digress.

[Alsatian]

Everyone's first mistake is trusting that your CHL instructor is a reliable source of information. You really need to research on your own and a forum is not research. That's why I highly recommend texas law shield. You can get reliable information from experts in gun law and the use of deadly force. Having a lawyer on call 24/7 is an absolute neccesity if you own a gun. No one want sto end up like Joe Horn.

And with that I've officially hijacked the topic so I digress.

I agree with the Law Shield. Have it and hope to never use it.

[JRB-USMC]

Everyone's first mistake is trusting that your CHL instructor is a reliable source of information. You really need to research on your own and a forum is not research. That's why I highly recommend texas law shield. You can get reliable information from experts in gun law and the use of deadly force. Having a lawyer on call 24/7 is an absolute neccesity if you own a gun. No one want sto end up like Joe Horn.

And with that I've officially hijacked the topic so I digress.

I agree with the Law Shield. Have it and hope to never use it.

If anyone is in need of Texas Law Shield, feel free to PM me. I'm a CHL instructor and the best advice I saw on here is to research it yourself! CHL Instructors will sometimes argue with each other on what the law is because so much of it is left open for interpretation! Go to the state website and read the CHL-16. It is the book with laws. I teach that you have to inform the officer if you are carrying because that is the way Texas Law Shield explained it to me. Laws do change though...

If anyone has questions feel free to pm me and I will answer to thebest of my knowledge!!!

[lptxguy]

I have a SAW (MG249) on a Scotty mount in my PA for those days when the Cartel may want to potlick my fishing hole.....

[wildnout]

Thanks for the response! its good to have a clear understanding of the law. I have no intentions of using a handgun, just looking out for a friend from the law. Nowadays its good to keep it handy, especially when kids are bored and randomly killing good innocent fishermen. I know this topics been brought up to attention. Maybe its time to sticky the post to save Forum memory.

[wildnout]

I have a SAW (MG249) on a Scotty mount in my PA for those days when the Cartel may want to potlick my fishing hole.....

HAHAHA

[Frreed]

Alsatian's CHL instructor is correct about the Texas law. The law was changed to have the same requirement for a CHL holder as for those carrying under the MPA.

Check texaschlforum for a good resource on all issues CHL.

[wildnout]

CHL person has a duty to inform a law enforcement officer,nin his official capacity, that you are carrying (or not) when identifying yourself.

Not true anymore. Since the castle doctrine allows people to carry in their vehicle without informing an LEO when pulled over, they changed it so so a CHL carrier doesn't have to inform them either. But when the officer gets back to you after running your license one of the first questions is going to be "are you a CHL carrier and why didn't you tell me?" Best bet is to go ahead and be upfront about it and save the hassle of more questions.

As far as the kayak goes, it's considered a vehicle and you are allowed to carry a firearm on/in it. I always do.

I normally don't carry in my yak or boat for that matter, but if you do choose touts totally legal without a CHL...just like your car. However, you do need to know the law because while its legal to carry your gun to your car or yak or boat on your own property it is not legal for you to carry it from your car once its in there if you are not on your property anymore. So, you could put it in your yak before you leave home, but if you don't have a CHL and have it in your car, then load up your yak after you put it in the water you are breaking the law.

Looks like I will have to make sure I put it in the kayak before leaving the house. I didn't know its illegal to transport from car to kayak in a public area. I could see it being illegal, but for transporting from property to property seems intense. What's the difference from carrying a rifle in public like the gun show?

[TimmyT140]

Looks like I will have to make sure I put it in the kayak before leaving the house. I didn't know its illegal to transport from car to kayak in a public area. I could see it being illegal, but for transporting from property to property seems intense. What's the difference from carrying a rifle in public like the gun show?

Look closer:

Sec. 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:

(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.

[wildnout]

Looks like I will have to make sure I put it in the kayak before leaving the house. I didn't know its illegal to transport from car to kayak in a public area. I could see it being illegal, but for transporting from property to property seems intense. What's the difference from carrying a rifle in public like the gun show?

Look closer:

Sec. 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:

(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.

I understand now. Can I carry a rifle from my car to my kayak for duck hunting?

[TimmyT140]

Looks like I will have to make sure I put it in the kayak before leaving the house. I didn't know its illegal to transport from car to kayak in a public area. I could see it being illegal, but for transporting from property to property seems intense. What's the difference from carrying a rifle in public like the gun show?

Look closer:

Sec. 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:

(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.

I understand now. Can I carry a rifle from my car to my kayak for duck hunting?

you can't hunt ducks with a rifle, so no.