Honorable 0. C. Jackson

County Attorney Zavala County Crystal City, Texas
Dear Sir: OpinionNo. O-5774 Re: Under the statedfacts,whether a person holding a commis"sion from the Game, Fish and Oyster Commission can lawfully carry a pistol.
We have received and carefully consideredyour request for an opinion of this departmentupon the capttonedquestion. Your letter is 'kuotedin part as follows:

"I desireyour constructionof Article 483 P C 1925, and with special reference to the exceptions set out inArticle 484 P C 1925. "My facts are: a local cowpuncher obtained a~jobriding fence for a ranchman inDimmit County. The ranchman obtained for him a Game and Fish CommissionersCommission from*theHon.Wm. J. Tucker, Executive Secretary of the State Game, Fish snd Oyster Commission. This commissionapplied to Dimwit County only. This man received a ealary from the ranch owner only. "Thisman came into Zavala County forthe purpose of attending a circus andwas arrested for driving a$ automobilewhile drunk and for carrying a pistol. My quettion iswhether or not he had a right to carry a pistolwhen not in the discharge of his duty on the ranch where a@ployed. I take the position that he does have a rif#to carry a pistol on the ranchwhere he is employedwithout any kind of commission; I further take the position that he has no right to carry a pistol off the premiseswhere employedregardless of any Game and Fish Commissionhe might have
. . . .II Article 483 of the Penal Code provides: 'Whoevershall carry on or abouthis person, saddle, or inhis saddle bags any pistol, dirk, dagger, slung-shot, sword cane, spear or knucklesmade of any metal or any hard substance,bowie Imife, or any other knife manufactured or sold foi)the purposes of offense or def&e, shallbe punishedby fine not leas than $100.00 nor more than $500.00 or by confinement in jail for not less than one month nor more than one year."Honorable G C. Jackson, Page #2 

### (O-5774)

Article 

### 484of the Penal Code in part reads:
"Thepreceding article shall not apply
. . . to the Game, Fish and Oyster Commissioner,nor to any deputy,when in the actual discharge of his duties as such, nor to any gamewarden, or local :s:uty Game, Fish and Oyster Commissionerwhen in the actual discharge of his duties in the county of his residence,nor shall it apply to any gamewarden or deputy Gema, Fish and Oyster Commissionerwho actually receives from the State fees or compensation for his services."
That portion of Article 

### 484above set forth is rater redundant and it is difficult to ascertain exactlywho was intended to be includedwithin this exception to Article 

### 483. We do find some explanationas to the purview of this ::ortion of Article 484by referr~i~ng to the statute upon this subject in existence immediatelyprior to the revision of the statutes in 

### 1925. This was Chapter 91 of the Acts of 

### 1918,page 194,which provided in part as follows:

. . .provided, further, that this exception shall not apply to the Game, Fish and Oyster Commissioner,nor to any deputy,when not in the actual discharge of his duties as such, nor to any gamewarden, or local deputy Game, Fish and Oyster Commissioner except when in the actual discharge of his duties in the countv of his residence. nor shall it apply-to any gamewarden or deputy"Game,Fish and Oyster Commissionerwho does not actually receive from the State fees or compensstion." (Emphasisours)
We do not believe this change of' lc.guage in the 1925 revision of this chapter as now appears inArticle 484was intended to change the interpretation or i&ning thereof but was ,marelyrestating this portion of the Act in the affirmative rather than the negative. Therefore, as indicatedby our underscoring, this exception to Article 

### 483does not apply to any gamewarden or deputy Game, F:ah and Oyster Commissionerwho does not actually receive from the State fees or compensation for his service. It is thus apparent under the facts stated in your request that the persapl referred to does not come &thin any of the exceptions found in that portion 1:"

Article 

### 484which we have quoted.
We are herewith enclosing ,.I' copy of our OpinionNo O-4359,

APPROVED JAN. 

### 15,1944 s/GROVER SELLERS Very truly yours ATTORNEY GENERAL OF TEXAS ATTORNEY &!FRAL OF TEXAS s/ Robert 0. Koch APPROVED OPINION COMMITTEE BY B. W. B. CHAIRMAN BY Robert 0. Koch ROK:db/ldw Assistant
Enclosure