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Open carry legislation/question

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  • txinvestigator

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    May 28, 2008
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    Ft Worth, TX
    This reminds me of another question regarding traveling in Texas with a firearm. How does the law affect those who travel on motorcycles.

    In an automobile, it has been stated that the weapon must be visible if you are traveling and don't hold a concealed handgun permit,
    Negative. These are two separate sections. If you are inside of a motor vehicle, but not traveling (traveling is generally overnight trips, several counties away, etc) the handgun MUST be concealed. If you meet the traveling portion of 46.15(b), then it does not have to be concealed, but it can be.
    but I look at a motorcycle as similar to an open top convertible and when you are 'on' it, you are 'in' it.
    A motorcycle is a motor vehicle.

    Do motorcycle riders strap the weapon on or place it somewhere in the open so as to conform to the requirement that the weapon be visible?
    Only if a MC rider is a traveler under 46.15(b) can the weapon be in plain view. Otherwise it must not be in plain view.
     

    Squid13

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    Jun 9, 2009
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    DFW/Norfolk
    You were good right up to there. Because they have not happened to YOU, does not mean they don't happen. YUour anecdotal evidence is fine, but there is plenty of contrary anecdotal evidence.

    You DO need a license to carry a handgun in Texas, sorry.

    I am glad you exercise your freedoms where you can.

    Both good points actually. People here like to pick these statements apart. It's true that "these things" do happen, however, just like with concealed carry, the problems are exceptions to the rule. Open Carry has worked for many years in many states. This is fact.

    As for the license in Texas, that is my whole point. I love Texas. After having traveled all over the US and abroad, I always long to go home. It's unfortunate that we as Texans don't recognize the same rights that some other states acknowledge. I'd like to see more freedom in the great Lone Star State. Wouldn't you?
     
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