Legal to Open Carry While Hunting?

[drjoker]

PC §46.02. UNLAWFUL CARRYING WEAPONS.

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;

AND

PC §46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do
not apply to:
... is engaged in lawful hunting... if the weapon is a type commonly used in the activity.

HOWEVER, what if you're not in a motor vehicle or watercraft? You're on foot on non-federal public Texas state land hunting with your Ruger Single Action Blackhawk 44 magnum with 6 inch barrel? You're hunting for deer. Is that legal?

Or you're hunting for deer with a rifle, but you have a 22 lr revolver just in case you spot a squirrel or rabbit. Is that legal?

Thanks,

[JP171]

yes its legal, unless your hunting with a bow and broadhead arrows, in that case no firearms are allowed on your person

[Wes]

That does not apply to concealed carry and it only applies when actually broad head hunting during archery only season. So you can't open carry but you can conceal carry in that situation.

[Ipconfig]

yes its legal, unless your hunting with a bow and broadhead arrows, in that case no firearms are allowed on your person

You can conceal carry while bow hunting with a CHL.

[JP171]

the OP didn't say a thing about concealed carry. I see the regulations have changed to allow a CHL to carry and that silencers are allowed where they have not been in the past. still makes me wonder though will someone use a silencer during archery only then stick a broadhead in there? hmmm could be, that's why it was disallowed to begin with

[Ipconfig]

the OP didn't say a thing about concealed carry. I see the regulations have changed to allow a CHL to carry and that silencers are allowed where they have not been in the past. still makes me wonder though will someone use a silencer during archery only then stick a broadhead in there? hmmm could be, that's why it was disallowed to begin with

During archery only season you cannot have a firearm on you unless you have a chl. In other words no open carry.

[EKO]

the OP didn't say a thing about concealed carry. I see the regulations have changed to allow a CHL to carry and that silencers are allowed where they have not been in the past. still makes me wonder though will someone use a silencer during archery only then stick a broadhead in there? hmmm could be, that's why it was disallowed to begin with

During archery only season you cannot have a firearm on you unless you have a chl. In other words no open carry.

Wrong! I open carry during Deer archery season when I'm hunting pigs(with my bow).

[jocat54]

This is what Texas Parks and Wildlife says:

Archery and Crossbows

(see Artificial light in Restricted Methods section)

Only the archery and crossbow equipment prescribed in this section may be used for taking game animals or game birds. Archery and crossbow equipment may not be used to hunt deer during the Muzzleloader-Only Deer Season. It is unlawful to be in possession of a firearm while hunting with a broadhead HUNTING point during the Archery-Only season, except a person licensed to carry a concealed handgun in Texas may carry a concealed handgun. NOTE: A firearm may be possessed in camp, in a motor vehicle, or while hunting lawful game other than whitetail or mule deer and turkey (e.g., exotics, feral hogs, squirrels).

[jmra]

This is what Texas Parks and Wildlife says:

Archery and Crossbows

(see Artificial light in Restricted Methods section)

Only the archery and crossbow equipment prescribed in this section may be used for taking game animals or game birds. Archery and crossbow equipment may not be used to hunt deer during the Muzzleloader-Only Deer Season. It is unlawful to be in possession of a firearm while hunting with a broadhead HUNTING point during the Archery-Only season, except a person licensed to carry a concealed handgun in Texas may carry a concealed handgun. NOTE: A firearm may be possessed in camp, in a motor vehicle, or while hunting lawful game other than whitetail or mule deer and turkey (e.g., exotics, feral hogs, squirrels).

Nice to see they got that one right.

[drjoker]

Yeah, I was referring to open carry. I guess it's legal. I'm gonna open carry a revolver next time I go hunting on public land.

[nightmare69]

Anytime Im out at my family's hunting land whether Im working or hunting I OC my handgun. We have a game warden who hunts out there also and he has never said anything about it.

[JP171]

the OP didn't say a thing about concealed carry. I see the regulations have changed to allow a CHL to carry and that silencers are allowed where they have not been in the past. still makes me wonder though will someone use a silencer during archery only then stick a broadhead in there? hmmm could be, that's why it was disallowed to begin with

During archery only season you cannot have a firearm on you unless you have a chl. In other words no open carry.

Wrong! I open carry during Deer archery season when I'm hunting pigs(with my bow).

wrong, the law makes no exception for possession without a CHL during archery only deer season, but then I assume you have a CHL and must abide by those rules so OC is against the law there. you either don't meet many game wardens or they just don't want to bother.

[EKO]

wrong, the law makes no exception for possession without a CHL during archery only deer season, but then I assume you have a CHL and must abide by those rules so OC is against the law there. you either don't meet many game wardens or they just don't want to bother.

It's a good Idea to read before a mouth is opened and a foot is inserted.



From Above:

Only the archery and crossbow equipment prescribed in this section may be used for taking game animals or game birds. Archery and crossbow equipment may not be used to hunt deer during the Muzzleloader-Only Deer Season. It is unlawful to be in possession of a firearm while hunting with a broadhead HUNTING point during the Archery-Only season, except a person licensed to carry a concealed handgun in Texas may carry a concealed handgun. NOTE: A firearm may be possessed in camp, in a motor vehicle, or while hunting lawful game other than whitetail or mule deer and turkey (e.g., exotics, feral hogs, squirrels).

Archery only season only applies to deer and turkey.

[punkndisorderly]

Can you open carry on public land?

I know you can open carry on your own property, or on others property with permission. But I don't know an exemption for hunting.

It makes sense that there would be. But where is it in the law?

[apostate]

Can you open carry on public land?

I know you can open carry on your own property, or on others property with permission.

Property owner permission is relevant to Sections 30.06 and 30.05 but doesn't really play a role in Section 46.

But I don't know an exemption for hunting.

It makes sense that there would be. But where is it in the law?

Section 46.15 of the Penal Code.