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Thread: 19 year old OC while hunting in TX and OK

  1. #1
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    19 year old OC while hunting in TX and OK

    I want to go hunting more, now I'm in OK for college but I go back to Texas all the time. I found a WMA to hog hunt reasonably close. Right now the plan is to take my mossberg 500 and my 1851 confederate navy .44 as a backup. I think black powder is fun, but I don't want to bet my life on a gun that won't fire if it gets too sweaty, wet, or muddy. I also read about hunters running into meth labs on that WMA.

    I think I found the revolver I want to carry while hunting the ruger redhawk model 5026 in 44 magnum. I'm also thinkin about a 1895CB later on as my go to hunting rifle.

    I know open carry is legal in OK and not in Texas, but what are the carry rules in OK, and can you OC while hunting in Texas? At 19 years old.

  2. #2
    Regular Member stealthyeliminator's Avatar
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    In Texas, handgun possession is prohibited with 46.02

    Sec. 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.

    (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.

    (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

    (b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

    (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.
    I don't think any of the exceptions listed in this section apply, but see below...

    46.15 lays out non-applicability.

    Note the following:

    (b) Section 46.02 does not apply to a person who:
    ...
    (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;
    Is that handgun a weapon commonly used in the activity of hog hunting? If so, I would think you are good to go. But I'm not a lawyer, there could theoretically be something I'm missing.

    It never hurts to consult with an attorney. If you carry a firearm frequently, and are planning on living in the Texas area, you might consider something like Texas Law Shield. With a membership, you can call the program attorneys to ask legal questions about firearms and carrying.



    I'll let someone else answer about OK, but I thought it was licensed OC only, which you might have to be 21 to obtain.
    Last edited by stealthyeliminator; 06-21-2014 at 01:27 PM. Reason: lack of age restriction in 46.02 is irrelevant if 46.02 doesn't apply
    Advocate freedom please

  3. #3
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    In Oklahoma, the applicable law is what follows:

    TITLE 21 § 1289.6
    CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED
    A.
    A person shall be permitted to carry loaded or unloaded shotguns, rifles and
    pistols, open and not concealed,
    and without a handgun license as authorized by
    the Oklahoma Self-Defense Act pursuant to the following conditions:

    1.When hunting animals or fowl;
    <SNIP>

    B.
    A person shall be permitted to carry unloaded shotguns, rifles and pistols, open and not concealed and without a handgun license as authorized by the Oklahoma Self-Defense Act pursuant to the following conditions:

    1.When going to or from the person’s private residence or vehicle or a vehicle in which the person is riding as a passenger to a place designated or authorized for firearms repairs or reconditioning,
    or for firearms trade, sale, or barter, or gunsmith, or hunting animals or fowl, or hunter safety course, or target shooting,or skeet or trap shooting or any recognized firearms activity or event and while in such places;
    <SNIP>
    I will leave it to you to interpret (actually, pretty straight forward), but you WILL have to have possession of a valid hunting license. (The above is taken directly from the SDA handbook on the OSBI website. OSBI is the issuing agency. The following is a link to the entire SDA (Self Defense Act):

    http://www.ok.gov/osbi/documents/SDA...k_NOV_2013.pdf

    Take care

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