Legality of carrying a sidearm while bowhunting...

[DavOh]

My cousin was treed by a hog a few weeks ago at our family place out in west texas. Got caught out away from his truck without his rifle. I'm planning on bowhunting out there this year for both hogs and deer, but I'm concerned about these critters. They've been getting pretty aggressive. Since I'm nowhere near as quick as he and there's very few trees out there that will hold my heavy butt off the ground...   I'm wondering about the legality of carrying .357 mag or .44 mag with me to the bow stand. Which would be the better (dropdead) caliber?

Forgot to mention the two-legged predators...

[DennisB]

DavOh:  The 2005-06 reg book (page 61) says "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."  The next sentence says that a firearm may be possessed "...while hunting lawful game other than whitetail or mule deer and turkey (e.g. exotics, feral hogs, squirrels)."  So, I guess this means that when I'm hunting the October bow season for deer/turkey I carry my .45 Colt Blackhawk concealed. :grin:

[markc]

if you have a CCW license then you can carry a handgun while bow hunting.  As far as I understand it, thats the only scenario where it is legal.  As for me, I believe that it is better to be tried by 12 than carried by 6.  So if you feel that your life is in danger, then carry it.  If you hunt an area that may be checked by the Game Wardens, then I would make sure I had a valid CCW license.  No sense in getting in trouble for something that you can take care of in advance.

[jrlinz]

What if he were to carry a .44 Army cap and ball?  Would that be a problem?
jr

[markc]

if the ATF classifies it as a firearm then certainly the TP&W will also.  
This is straight from the 2005/06 Outdoor Annual

Archery and Crossbows
(see Artificial light, below)

Only the archery and crossbow equipment prescribed in this section may be used for taking game animals or game birds. Crossbows are not lawful for taking migratory game birds. The prescribed archery and crossbow equipment may be used during any general open season. 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).

Nongame Animals: Archery and crossbows are lawful for non-protected nongame animals.

Longbows, compound bows, or recurved bows:

must have a 40-pound minimum draw at the time of hunting, when used to hunt turkey and all game animals other than squirrel.
that are equipped with a device that allows the bow to be locked at full or partial draw are lawful during any season when lawful archery equipment may be used.
Crossbow:

Any person may use a crossbow to hunt game animals or game birds (except migratory game birds) during a general open season or Eastern spring turkey season. Telescopic sights are lawful.
ONLY a person with an upper-limb disability may use a crossbow to hunt deer and turkey during the Archery Only Open Season, provided the person, while hunting, has in their immediate possession a physician's statement certifying the extent of the disability.
An upper-limb disability is a permanent loss of the use of fingers, hand, or arm in a manner that renders the person incapable of using lawful archery equipment.
A crossbow is lawful for game animals and game birds (except migratory game birds and as provided above), provided:
the crossbow has a minimum pull of 125 pounds;
the crossbow has a mechanical safety; and
the crossbow stock is not less than 25 inches in length.

[jrlinz]

Thanks, Markc.  I was under the impression that if it uses black powder (or a substitute for BP), was muzzle loaded (i.e. no cartridge), and did not use MODERN primers, it was an antique weapon, not a firearm, carried legally, and could be shipped through the mail etc... Is that incorrect?