Firearm Ready condions while hunting on Texas Public Lands

[tomneal]

Rumor has it that you Texas Parks and Wildlife is regulating the ready condition of your hunting firearms while in a vehicle on public lands.

It's been a while since I read the Texas Constitution but doesn't it say that congress can regulate the wearing of arms. It doesn't give them anyway to regulate rifles in your rifle rack.

[tomneal]

http://info.sos.state.tx.us/pls/pub/rea ... =65&rl=201

(b) It is unlawful to hunt any wildlife resource from a motor vehicle, motor-driven land conveyance, or possess a loaded firearm in or on the vehicle, except as provided for a disabled person.


and another

http://info.sos.state.tx.us/pls/pub/rea ... =59&rl=134
(f) Arms and firearms. It is an offense to:

(1) possess a firearm with a cartridge or projectile in any portion of the mechanism, except when authorized by the commission or the director;

(2) display a firearm, except when authorized by the director or the commission; and

[tomneal]

http://www.capitol.state.tx.us/txconst/ ... 00900.html


The Texas Constitution
Article 1 - BILL OF RIGHTS
Section 23 - RIGHT TO KEEP AND BEAR ARMS

Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

[Greybeard]

Quote: "the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime."


I suspect that, even regarding long guns in window racks, the "with a view to prevent crime" is where a strong arguement could be made that such is to reduce poaching by "road hunters" on public lands. (TP&W made it clear years ago that loaded handguns (concealed) on public lands are OK with a CHL).

Quote: "possess a loaded firearm in or on the vehicle"

Again, I think this is in reference to Texas public lands.

As a hunter ed. instructor, it's about this time every year that we get a recap of all of the hunting accidents as written up by the game wardens. Statistically, a very high percentage of 'em occur in and around vehicles - at times and places where the guns (for safety's sake and hunting purposes anyway) had no business being loaded to begin with ...

[tomneal]

I realize as a hunter ed. instructor, you didn't write the regulations. You're just trying to educate folks on:
- ethical hunting
- hunting laws
- hunting regulations


You're right. This is assocated with public lands.



Stats:
The stats could be affected by the percentage of folks that use a vehicle to get back and forth to their hunting location.

There aren't many folks that are able to walk to their hunting location.


Poaching by road hunters:
I guess it's the position of TP&W that it's difficult to catch road hunters on public lands so they made a new regulation about loaded guns in vehicles.



For those of you who are still wondering:
Yes, I have an ax to grind. (Not related to the state of Texas) I am surprised the TP&W has written unconstitutional regulations.
I guess it's time to start writing them.


When it comes to government regulations:
Never give an inch.

[Greybeard]

"It is an offense to:

(1) possess a firearm with a cartridge or projectile in any portion of the mechanism "

Guess ya saw the thread here recently where a GW as threatening the man on public lands for having a loaded AR-15 mag in the truck - but no rifle. ' Guess this one may have been what he was hanging his hat on ... Which would be quite a streeeeeeeetch ....

Don't feel lonesome about having an ax to grind. Heck, I'm grinding a couple right now - and they ARE with the State of Texas. One of which is certified mail to DPS' "bureau" asking how is it that CHL students are getting the "new" 2005-2006 law booklets, but that I, as an instructor, have yet to receive even ONE. And have been requesting in writing "updates" for old packets for weeks ...

[GrillKing]

and another

http://info.sos.state.tx.us/pls/pub/rea ... =59&rl=134
(f) Arms and firearms. It is an offense to:

(1) possess a firearm with a cartridge or projectile in any portion of the mechanism, except when authorized by the commission or the director;

(2) display a firearm, except when authorized by the director or the commission; and

Found this at http://www.sos.state.tx.us/tac/

Welcome to the Texas Administrative Code

....a compilation of all state agency rules in Texas. There are 16 titles in the TAC. Each title represents a category and relating agencies are assigned to the appropriate title.

So it appears the Texas Administrative Code is a compilation of rules developed by various governmental entities. I assume they have the force of law, except that rule (1) above is specifically precluded for concealed carry by the state's pre-emption statute. Regardless of whether or not the TPWD director "allows" concealed carry, Texas law allows it. His letter just reinforces that concealed carry under license is allowed (and that he won't direct his officers to take action against law abiding CHL holders carrying in a state park.)

At least that's the way I see it.

[tomneal]

"Your hand gun is only there so you can fight your way to your rifle"


I don't remember who said that but, it does seem like a good idea. TP&W doesn't agree. At least while you are on state lands.

I wonder what they would do if you were just passing through?