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Carry while on motorcycle no chl

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  • coryb512

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    I will be doing some traveling on my Harley next weekend and want to bring some protection. How/where can I carry a pistol while on a motorcycle? Can I have it on my person? What happens if I did get pulled over then asked to step off the bike etc then will I be carrying without a permit?

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    kyletxria1911a1

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    No you cant have it on your person. But you can have it in saddle bags,
    A tank mount carrier. As far as getting stopped as long as you are legal.
    You are fine and no declaration is necessary ulness he asks
     

    rsayloriii

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    Here's TXI's explanation for the same question:

    http://www.texasguntalk.com/forums/gun-legislation/25913-gun-laws-carrying-gun-motorcycle.html

    "A motorcycle IS a motor vehicle. A person without a CHL can carry a handgun on or about his person while inside of or directly enroute to his motor vehicle. Google Texas Penal Code section 46.02. I presume being ON a motorcycle is the same as being INSIDE a motor vehicle.

    To qualify under 46.02 the person must not have the handgun in plain view, must not be prohibited by law from possessing a firearm, must not be a member of a criminal street gang, and must not commit a crime while carrying (minor traffic offenses are not included)"
     

    txinvestigator

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    No you cant have it on your person. But you can have it in saddle bags,
    A tank mount carrier. As far as getting stopped as long as you are legal.
    You are fine and no declaration is necessary ulness he asks

    Yes, he can have it on his person while on the bike.

    In fact, if he is traveling he can carry it on his person when off of the bike. See penal code 46.15(b)
     

    coryb512

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    I will be traveling from Austin to Dallas then staying at a hotel. While at the hotel that is also considered my home is that correct? So while on the hotel premises I would be able to carry as well?

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    rsayloriii

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    I will be traveling from Austin to Dallas then staying at a hotel. While at the hotel that is also considered my home is that correct? So while on the hotel premises I would be able to carry as well?

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    I'm sure I'll be corrected if I'm wrong, but only to/from and in the room itself. It's been discussed here before if you search on it, it should pull up.
     

    txinvestigator

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    I will be traveling from Austin to Dallas then staying at a hotel. While at the hotel that is also considered my home is that correct? So while on the hotel premises I would be able to carry as well?

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    no, The Hotel Is Not considered your home.

    See penal code 46.02 and notice "premise under your control". Also note carry on or about your person while inside a motor vehicle.

    See penal code 46.15 (b) for traveling.
     

    coryb512

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    So I'm good from my home to my hotel while traveling with it on my person and from the hotel lot/garage to my room and that's where it stays unless I am en route to my bike to begin travel back home is how I see it?

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    dreyes89

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    That is safe. I think when you are traveling you can carry it more often, but traveling is not defined....

    Have a safe trip

    What if you are in a vehicle and you stop to pump gas, may you enter the gas station with the firearm concealed, or say you stop at a Whataburger to eat?

    Once you do get to your destination, do you have to leave the firearm in the vehicle if you are there for a few days and you go into a store?

    I googled but I just come up with conceal carry while driving to work, grocery store in your city of residence, or driving around town threads.
     

    txinvestigator

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    What if you are in a vehicle and you stop to pump gas, may you enter the gas station with the firearm concealed, or say you stop at a Whataburger to eat?

    Once you do get to your destination, do you have to leave the firearm in the vehicle if you are there for a few days and you go into a store?

    I googled but I just come up with conceal carry while driving to work, grocery store in your city of residence, or driving around town threads.


    Traveling is not defined. There has been some case law, but I don't have the links or cites saved....

    I would not think that one is traveling once one reaches the destination. Stopping to get fuel, I think is part of traveling......
     

    coryb512

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    I'm so much paranoid about gas stops etc for this trip in particular cause it will only be 1 but I will be in a pack of bikes and we can be targets for LE if they feel like being assholes lol

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