Posted: 6/19/2007 1:17:17 PM EDT
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Ok, so after 9/1/07, no offense has been committed if: person carries on or about his or her person a handgun, illegal knife, or club if the person is: (1) on the person's own premises or premises under the person's control; or (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control. Any guess how this applies to operating a two-wheeled motor vehicle commonly known as a motorcycle? |
It's a motor vehicle...so I'm bettin it is ok. |
I would imagine that if you have it in a saddle bag or the "glovebox" that some motorcycles have you're fine. As long as it's concealed somewhere on the bike, not on your person. |
But the law says "on your person...inside a motor vehicle". In a saddlebag is not "on your person". |
Oh. Good point. it actually says "on or about your person..." Although, i bet some DA's would be quick to argue that you are NOT "inside of" a motorcycle. Are you "inside of" a convertible with the top down? What about a boat? |
IANAL, but it looks like "on or about your person" is what the language specifically states as being legal if you meet the conditions of the law. It doesn't say anything about legality if it isn't "on or about your person", which means that it is legal unless another law forbids it. |
Texas Transportation 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. |
I have one, and do too..... I just have motorcycling friends who have a fundamental problem with CHLs: a right requiring a license is not a right. That and they'd just as soon stay off "gubmint gun-owners databases". I respect that point of view, and they often feel that carrying while "travelling" out in the far south west boondocks is prudent. |
I agree...if it's in the vehicle and out of sight I think you'll be fine. On or about your person...hell you could have it laying under your leg and it's about your person. If I were on my bike and had it under me while setting on the seat it would be about my person. And too...you set in the seat of a motorcycle...so you are in it...right?? I'll be carrying mine in the bike as well as in my truck. |