Some boats can be pulled by a motor vehicle. Some are too big.
If I were the prosecutor, I woud argue that a boat is not designed to be pulled behind a motor vehicle. Rather, it is a boat trailer that is designed to carry a boat while being pulled behind the motor vehicle.
In all these unlicensed possession debates, the question of how the police find out that you are carrying a concealed handgun must be considered. Police officers do not have X ray eyes and they cannot (legally) search pedestrians without reasonable suspicion, nor board a boat with consent, probable cause, or a warrant.
Maybe game wardens can. The Coast Guard can, but they are federal officers, not state.
Anyway, if someone is found to be carrying a weapon in a manner that the police think is illegal, that person's lawyer gets to make the argument to the DA or a judge.
For that reason, I think it is better to be cautious about these issues than to propose legal theories that have never been tested in court.
I agree that the spirit of the law was intended to cover a person's residence. Including boats opens up other problems that involve federal and maritime law, which I know nothing about.
- Jim
Search found 2 matches
Return to “RV, AUTO, EQUAL BOAT?”
- Sun Jan 27, 2008 11:37 am
- Forum: Site Announcements, Questions & Suggestions
- Topic: RV, AUTO, EQUAL BOAT?
- Replies: 7
- Views: 1330
- Sun Jan 27, 2008 11:04 am
- Forum: Site Announcements, Questions & Suggestions
- Topic: RV, AUTO, EQUAL BOAT?
- Replies: 7
- Views: 1330
Re: RV, AUTO, EQUAL BOAT?
Welcome to the forum.
I say that it is not legal under the Texas penal code for a person who does not have a CHL to have a handgun in a boat or while walking to and from it.
The law precisely defines premises to include land or RVs that have wheels:
I say that it is not legal under the Texas penal code for a person who does not have a CHL to have a handgun in a boat or while walking to and from it.
The law precisely defines premises to include land or RVs that have wheels:
- JimPC §46.02(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.