TexasCHLforum.com

Hello,

While taking the CHL class, I asked a question to the instructor.
He recommended that I ask this forum. The question: If I am sleeping on my boat at the dock and the boat
has the ability to be a home by IRS ( bed, bathroom, kitchen ). Can I have a concealed gun on my person without a CHL from the car to the boat?
With the new law, I can carry a concealed gun to the car and back to my house.
Thank you.

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:

PC §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.

- Jim

I would argue that the boat is in fact an "RV" and that he has full control of such "RV" and would therefore be legal as long as the weapon remains concealed. "or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle."

I know it is not identified as an "RV" in the statue, but it should be in my opinion.

Sounds like adding "boat" to the definition needs to be added to the wish list for the next legi-session.

Jim?

A boat has a motor, and his boat is designed to be lived in and towed on a trailer by a motor vehicle and it is a recreational vehicle. You mean that doesn't count? It is not specifically spelled out, but the boat does fit that criteria.

I vote yes, but go ahead and get the CHL, so you don't have to become a test case.

Anyone else?

Reasonable restrictions will get you every time.

Anygun

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

As usual, Jim, good points. Lawyers can be such pains at times!

Now, I'm going to take a nap!