Handgun carry on a motorcycle question.

Hometown » Texas

Site Notices

[ARCHIVED THREAD] - Handgun carry on a motorcycle question.

Posted: 4/30/2009 8:42:10 AM EDT

I realize that Texas fixed the carry in a car by non-CHL people issue. Can someone educate me
about carry on a motorcycle? I am talking about a non-CHL person carrying
a handgun in a saddle bag for example. Would that be legal?

Posted: 4/30/2009 9:42:08 AM EDT

[#1]

Yes.
A tank bag would be better

Posted: 4/30/2009 9:57:27 AM EDT

[#2]

Do you have a way to lock it up when you arrive at your destination?

Posted: 4/30/2009 10:31:11 AM EDT

[#3]

Quoted:
I realize that Texas fixed the carry in a car by non-CHL people issue. Can someone educate me
about carry on a motorcycle? I am talking about a non-CHL person carrying
a handgun in a saddle bag for example. Would that be legal?

Don't know. There are conditions that must be met;

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:

(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.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

A motorcycle is a motor vehicle.

Posted: 4/30/2009 11:45:24 AM EDT

[#4]

Quoted:

A motorcycle is a motor vehicle.

That is the part we are looking for. Where is that defined in law? Anywhere?

Posted: 4/30/2009 12:30:51 PM EDT

[#5]

Quoted:

Quoted:

A motorcycle is a motor vehicle.

That is the part we are looking for. Where is that defined in law? Anywhere?

Yes, the Transportation Code.

Posted: 4/30/2009 6:35:15 PM EDT

[#6]

Bags are considered the trunk on a bike.

Posted: 4/30/2009 8:43:08 PM EDT

[#7]

Quoted:
Bags are considered the trunk on a bike.

Considered by whom?

And what is the significance of that?

Posted: 4/30/2009 9:17:20 PM EDT

[#8]

When you get off to gas up you need to disarm too. Unless of course you have CHL.

As for the saddle bag, I think because it is "within your reach when driving" it is considered "on you" aka "you are carrying". So yes, concealed in the saddlebags would be fine. Again, if you get off, you better have a CHL or be on your way to your home/hotel or some gun-related sporting even which you are taking place in.

Posted: 4/30/2009 11:03:18 PM EDT

[#9]

I've had 2 bikes stolen, IMO carrying on the bike isn't really an option. Saddlebags require a screw driver to open and tank bags are mostly magnetic... without physically chaining the weapon to your bike you just can't secure it in any reasonable fashion.

Get a CHL and just carry it.

Posted: 5/1/2009 7:01:42 AM EDT

[#10]

Quoted:
When you get off to gas up you need to disarm too. Unless of course you have CHL.

Great point.

As for the saddle bag, I think because it is "within your reach when driving" it is considered "on you" aka "you are carrying". So yes, concealed in the saddlebags would be fine. Again, if you get off, you better have a CHL or be on your way to your home/hotel or some gun-related sporting even which you are taking place in.

The law applies if the handgun is "on our about your person". The courts have ruled that "about your person" is basically within your immediate access. If you can lunge and reach it, it is about your person. So a saddle bag MIGHT be about your person.

Posted: 5/1/2009 7:24:43 AM EDT

[#11]

Ok, yeah, that makes total sense. It is funny how the law breaks down to each word as having meaning. I guess when they wrote this stuff they thought about each and every word very carefully. Like "about your person" having a legal context defined from prior cases. Litmus tests from back in the day. For example, I see how one could argue that some saddlebags are not that immediate to open for access (did I hear someone say some require a screwdriver (a tool) to open it?).

Thanks for the good info!

I'm just happy TXInvestigator liked my comments.

Posted: 5/1/2009 8:00:04 AM EDT

[#12]

Quoted:

Quoted:
I realize that Texas fixed the carry in a car by non-CHL people issue. Can someone educate me
about carry on a motorcycle? I am talking about a non-CHL person carrying
a handgun in a saddle bag for example. Would that be legal?

Don't know. There are conditions that must be met;

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:

(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.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

A motorcycle is a motor vehicle.

and yet the inspection sticker on a bike is the same as the one's they put on a trailer.....why?

Posted: 5/1/2009 8:42:20 AM EDT

[#13]

Quoted:

Quoted:
I realize that Texas fixed the carry in a car by non-CHL people issue. Can someone educate me
about carry on a motorcycle? I am talking about a non-CHL person carrying
a handgun in a saddle bag for example. Would that be legal?

Don't know. There are conditions that must be met;

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:

(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.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

A motorcycle is a motor vehicle.

and yet the inspection sticker on a bike is the same as the one's they put on a trailer.....why?

[al bundy] don't know don't care [/al bundy]

Posted: 5/3/2009 7:52:37 AM EDT

[#14]

Quoted:
I realize that Texas fixed the carry in a car by non-CHL people issue. Can someone educate me
about carry on a motorcycle? I am talking about a non-CHL person carrying
a handgun in a saddle bag for example. Would that be legal?

Get a CHL and you dont have to leave the gun on your bike to get stolen.