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Carry on motorcycle without CHL?

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  • lazypineapple

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    Is there a legal way to carry while riding motorcycle.
    Without a CHL?
    Does it have to be consealed on the bike and not your person?
    I can easily stash it on my goldwing,
    but what about when I ride my chopper?
    Texas SOT
     

    osol6329

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    I wear a leather vest that work good for me. During the hot summer days I switch to cloth vest. Try an inside your pants consealed holster. I carry a 3" Ultra 45.
     

    DrBart2

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    Is there a legal way to carry while riding motorcycle.
    With a CHL?
    Does it have to be consealed on the bike and not your person?
    I can easily stash it on my goldwing,
    but what about when I ride my chopper?

    I am a bit confused by what your are asking. If you have a CHL and ride a motorcycle, just make sure the pistol is concealed. It would be better concealed on your person than on the bike. You can too easily get separated from your bike. Besides, if you are wearing proper protective clothing for riding a motorcycle, you should be able to conceal a cannon!

    Now if you don't have a CHL, I am not sure if it is the same as carrying in a car.
     

    Shorts

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    Being on a motorcycle is..scratch that, should be equivalent to being in a car. The gun has to stay on the bike and it must be in concealed.


    -----------------------

    PC 30.01 defines a vehicle.
    3) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation."

    The problem with PC 30.01 is that it begins, "DEFINITIONS. In this chapter: ..." that is, Chapter 30.

    PC 46.02 specifically says "inside of ... a motor vehicle."

    ----------------------

    A lawyer and a judge can give the the final answer ;)
     

    JKTex

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    I am a bit confused by what your are asking.

    I'm not sure either... ;)

    Now if you don't have a CHL, I am not sure if it is the same as carrying in a car.

    It is. But as said, just not as easy to keep it out of sight and secure unless you have bags.

    A CHL would make it much easier. That should answer either way, but I think the question was about carrying without a CHL on a bike like in a car, RV etc.
     

    DoubleActionCHL

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    The statute (TPC Section 46.02) simply uses the term "motor vehicle". I've had this discussion with several officers who believe this does not apply to motorcycles. How's that for clarity?
     

    DrBart2

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    The statute (TPC Section 46.02) simply uses the term "motor vehicle". I've had this discussion with several officers who believe this does not apply to motorcycles. How's that for clarity?

    I guess one would have to check to see if the state classifies a motorcycle as a "motor vehicle".
     

    txinvestigator

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    A motorcycle is a motor vehicle.

    I suppose if you narrowly read the law, you cannot be "inside" a motorcycle.

    However, I do not believe that the intent of the legislators was to exclude motorcycles.

    IF non-CHL motorcycle carry is legal, then you can carry it on your person or on the bike while you are on the bike.

    Texas Transportaion Code

    541.201
    (11) "Motor vehicle" means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires. The term does not include an electric bicycle or an electric personal assistive mobility device, as defined by Section 551.201.

    (23) "Vehicle" means a device that can be used to transport or draw persons or property on a highway. The term does not include:
    (A) a device exclusively used on stationary rails or tracks; or
    (B) manufactured housing as that term is defined by Chapter 1201, Occupations Code.




    Texas Penal Code;

    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:

    (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
     

    Old Man of the Mountain

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    Is there a legal way to carry while riding motorcycle.
    Without a CHL?
    Does it have to be consealed on the bike and not your person?
    I can easily stash it on my goldwing,
    but what about when I ride my chopper?

    If you have split tanks, some folks put a "glove box" between the tanks.

    Some custom seats, P-pads, and sissy bar pads have a storage compartment.

    If you are running a magneto with a wrap around oil tank, the spot where the battery is not could be a location.

    There are a few more locations, but that should get you started.
     

    nalioth

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    Being on a motorcycle is..scratch that, should be equivalent to being in a car. The gun has to stay on the bike and it must be in concealed.

    This is an incorrect statement.

    Should m/c's legally be the same as cars, you can carry your handgun on your person while you are operating the motor vehicle.

    Nowhere in the law does it say anything about where the handgun is kept, so long as it's 'concealed'.

    A person w/o a CHL can carry his/her pistol in a shoulder rig, under their hat/wig, in their boot, in their shirt pocket, etc, while they are entering or leaving their vehicle from their home and while they are operating it.
     

    Old Man of the Mountain

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    This is an incorrect statement.

    Should m/c's legally be the same as cars, you can carry your handgun on your person while you are operating the motor vehicle.

    Nowhere in the law does it say anything about where the handgun is kept, so long as it's 'concealed'.

    A person w/o a CHL can carry his/her pistol in a shoulder rig, under their hat/wig, in their boot, in their shirt pocket, etc, while they are entering or leaving their vehicle from their home and while they are operating it.

    That sounds correct, but what about when you stop, and get off a motorcycle, when you are not at home? How do you not carry it on your person, and still keep it concealed, and also safe from theft?
     

    nalioth

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    That sounds correct, but what about when you stop, and get off a motorcycle, when you are not at home? How do you not carry it on your person, and still keep it concealed, and also safe from theft?

    That is a legal exercise left up to the bearer.

    I am not here to cover every possibility, just the law concerning motor vehicles and gun bearers w/o a CHL.
     

    nalioth

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    That's where I'm puzzled.
    What to do with it once you get to where your going? Or get off bike.?

    Well, we have a law in Texas that says you can carry a firearm to any place where you have business with said firearm (like a gun shop or gun range or hunting, etc).

    Another law says that if you're the owner of a business, or a acting within the owners wishes, you can carry a gun at work (think pawn shop or gun shop, but they are the most obvious ones).


    We're not dealing with just the "carry in motor vehicle" law here, you know.
     

    txinvestigator

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    Well, we have a law in Texas that says you can carry a firearm to any place where you have business with said firearm (like a gun shop or gun range or hunting, etc).
    That is not exactly the law. PC 46.15 does not allow you to carry "any place you have business with said firearm". Gun range, hunting are covered.

    Another law says that if you're the owner of a business, or a acting within the owners wishes, you can carry a gun at work (think pawn shop or gun shop, but they are the most obvious ones).
    No, the law does not say if you are carrying within the owners wishes you can carry there. To be compliant with PC 46.02 the premises has to be your premise or one "under your control".
     

    nalioth

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    That is not exactly the law. PC 46.15 does not allow you to carry "any place you have business with said firearm". Gun range, hunting are covered.
    So, you can be arrested for carrying your pistol in to the gun shop for repair?

    No, the law does not say if you are carrying within the owners wishes you can carry there. To be compliant with PC 46.02 the premises has to be your premise or one "under your control".
    Yes, well sorry I mis-paraphrased it. Obviously if the owner wishes you to be "in control" of his premises, then you are.

    These seem to be a recurrent answers to a recurrent questions here on TGT, and I apologize for not looking up and quoting previous answers.
     

    txinvestigator

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    So, you can be arrested for carrying your pistol in to the gun shop for repair?
    Let's take it this way.....show me the law that makes 46.02 non-applicable if you carry into a gun shop for repair. (sans CHL)


    But you wrote, " Well, we have a law in Texas that says you can carry a firearm to any place where you have business with said firearm ". That is not true at all. You did include in parenthesis that things LIKE, hunting, range or gun shop, but you did not limit to your statement to those.

    Yes, well sorry I mis-paraphrased it. Obviously if the owner wishes you to be "in control" of his premises, then you are.
    Perhaps.
    These seem to be a recurrent answers to a recurrent questions here on TGT, and I apologize for not looking up and quoting previous answers.

    I don't know if this has been discussed before?? No worries though.
     

    Old Man of the Mountain

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    That does bring up something that has been bothering me.

    All three of the local gun shops have up 30 06 signs telling me that I can not bring my gun in.

    That really makes me feel like just maybe I should not buy one of their guns to take out of their shop either.

    It is their shops, and they can set the rules as they like, but I am the Customer, and I don't have to hand them over one thin dime if I choose not to.

    Just like the local gun shows, why should I be the one to walk in and out with cash or valuables, unarmed.

    I expect that they are armed when they do the same.
     
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