Honorable 0. C. Jackson 

County Attorney 

Zavala County 

Crystal City, Texas 

Dear Sir: 

Opinion No. 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 considered your request for an opinion of 

this department upon the capttoned question. Your letter is 'kuoted in 

part as follows: 

"I desire your construction of Article 483 P C 1925, and with special 

reference to the exceptions set out in Article 484 P C 1925. 

"My facts are: a local cowpuncher obtained a ~job riding fence for a 

ranchman in Dimmit County. The ranchman obtained for him a Game and 

Fish Commissioners Commission from*the Hon. Wm. J. Tucker, Executive 

Secretary of the State Game, Fish snd Oyster Commission. This 

commission applied to Dimwit County only. This man received a ealary 

from the ranch owner only. 

"This man came into Zavala County forthe purpose of attending a 

circus and was arrested for driving a$ automobile while drunk and 

for carrying a pistol. My quettion is whether or not he had a right 

to carry a pistol when 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 ranch where he is employed without any kind of 

commission; I further take the position that he has no right to carry 

a pistol off the premises where employed regardless of any Game and 

Fish Commission he might have . . . .II 

Article 483 of the Penal Code provides: 

'Whoever shall carry on or about his person, saddle, or in his saddle 

bags any pistol, dirk, dagger, slung-shot, sword cane, spear or 

knuckles made of any metal or any hard substance, bowie Imife, or any 

other knife manufactured or sold foi) the purposes of offense or 

def&e, shall be punished by 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 484 of the Penal Code in part reads: 

"The preceding 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 game warden, or local 

:s:uty Game, Fish and Oyster Commissioner when in the actual 

discharge of his duties in the county of his residence, nor 

shall it apply to any game warden or deputy Gema, Fish and Oyster 

Commissioner who actually receives from the State fees or compensation for his services." 

That portion of Article 484 above set forth is rater redundant and it is 

difficult to ascertain exactly who was intended to be included within 

this exception to Article 483. We do find some explanation as to the 

purview of this ::ortion of Article 484 by referr~i~ng to the statute upon 

this subject in existence immediately prior 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 game warden, 

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 game warden or deputy"Game, Fish and Oyster 

Commissioner who does not actually receive from the State fees or 

compensstion." (Emphasis ours) 

We do not believe this change of' lc.guage in the 1925 revision of this 

chapter as now appears in Article 484 was intended to change the interpretation or i&ning thereof but was ,marely restating this portion of 

the Act in the affirmative rather than the negative. Therefore, as 

indicated by our underscoring, this exception to Article 483 does not 

apply to any game warden or deputy Game, F:ah and Oyster Commissioner who 

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 484 which we have quoted. 

We are herewith enclosing ,.I' copy of our Opinion No 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