CHL for boat???

[Englebert]

Does anyone know definitively if a CHL is required to carry a pistol in a boat or PWC in Texas? I put definitively because I asked this question to 2 game wardens and 1 police officer and they all had the same answer...they "thought" it was legal without a CHL.

[mat]

Good question

[tvc184]

A boat under a change in the law a couple of years ago is the same as a vehicle. No CHL needed.

It must be concealed, you cannot be committing another crime (like BWI) and you must already have the right to possess the handgun (not convicted felon).

Texas Penal Code 46.02 UCW

[tvc184]

Note that (a) is about all illegal weapons (illegal knife, handgun, club) and (a-1) deals only with handguns. It is "an offense" under (a-1) if and it lists the crimes. So you reverse it to see what is legal if that makes sense. Such as... it is an offense if the handgun is (1) plain view. That means that it is "not a crime" if it is concealed. The law is kind of stated the opposite of the way people discuss it. The law doesn't say "it is legal if concealed, not committing a crime, etc. Laws generally say what the crimes is, not what is legal. 

 

The reason I bring that up is that people are looking for what is "legal" and they skip down to (a-1) and simply see the words "plain view" and their mind is on the "what is legal?" question. I have had people argue with me that they read the law and saw it was legal IF in plain view. I have to point out that the law lists what is a crime, please reread.

 

Then (a-1)(2) goes into the parts about committing other crimes (like Boating While Intoxicated, Possession of Marijuana, etc.), being able to legally own the firearm to begin with and not a member of a criminal street gang. 

 

§ 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.

[Englebert]

Thanks TVC.