Carry on motorcycle without CHL?

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  • lazypineapple

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    Apr 13, 2009
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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?
     

    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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    Mar 10, 2008
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    Burleson
    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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    Mar 28, 2008
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    Texas
    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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    Mar 11, 2008
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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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    Spring, Texas
    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.
     
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