The Attorney General of Texas
April 7, 1980
Honorable Forrest Green, Chairman Opinion No. NW-16 1
Agriculture and Livestock Committee
House of Representatives Re: Whether government em-
Austin, Texas 78769 ployees may carry handguns while
hunting and trapping predatory
animals and rodent pests.
Dear Representative Green:
On behalf of the House Committee on Agriculture and Livestock, you
have requested our opinion as to whether chapter 46 of the Penal Code
prohibits governmental employees from carrying handguns while hunting and
trapping predatory animals and rodent pests as a duty of their employment.
Section 46.02 of the Penal Code provides that
(a) a person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person
a handgun, illegal knife, or club.
Section 46.03 states, however, that section 46.02 is not applicable to a
person:
(4) engaging in lawful hunting, fishing, or other
sporting activity if the weapon is a type
commonly used in the activity. . . .
Section 1 of article 192b, V.T.C.S., requires the State of Texas to
. . . cooperate through the Agricultural and
Mechanical College System of Texas with the United
States Department of the Interior, Fish and Wildlife
Service in the control of coyotes, wolves, mountain
lions, bobcats! the Russian boar, and other pre.datory
animals and m the control of prairie dogs, pocket
gophers, jack rabbits, ground squirrels, rats and other
rodent pests for the protection of livestock, food and
feed supplies, crops and ranges.
P. 517
Honorable Forrest Green - Page Two (14N-161)
Since article 192b, V.T.C.S., authorizes the hunting of various predatory animals and
rodent pests, it is clear that employees affected thereby may carry handguns if when
actually engaged in hunting activities the handguns constitute weapons of a type
“commonly used in the activity” of controlling such animals. Thus, if handguns are
commonly used to control the animals described in section 1 of article 192b, V.T.C.S., it is
our opinion that governmental employees, while en aged in such activities, may lawfully
carry handguns under the exception of section 46.03 f4) of the Penal Code.
SUMMARY
Governmental employees may carry handguns while hunting
predatory animals and rodent pests, provided such weapons are of a
type commonly used in the activity of controlling such animals.
/I
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Susan Garrison
Rick Gilpin
Bruce Y oungblood
P. 518