Bicycle Carry and General Carry

[TexasAggie]

I'm an odd one in that I got my CHL back in 2007. I just recently bought my first firearm THIS year. I know....weird. Riding my bike tonight, I was FINALLY carrying, but forgot my license (left it in the car). I just downloaded the newest concealed law handbook and plan on reading it for refresher. Here's my questions:

1. Been searching here for an hour, and can't seem to find a common Q&A section about overall CHL law in Texas. In other words, several "What if" scenarios, etc.... Do we have something on here?

2. I know in the car we need to display (even though the law was modified) our CHL if pulled over by an LEO, but what about on a bike or just walking with it in a holster?? Does the license HAVE to be on our person no matter what IF we're carrying in EVERY situation??

Thanks in advance for those that respond

[Kythas]

I'm an odd one in that I got my CHL back in 2007. I just recently bought my first firearm THIS year. I know....weird. Riding my bike tonight, I was FINALLY carrying, but forgot my license (left it in the car). I just downloaded the newest concealed law handbook and plan on reading it for refresher. Here's my questions:

1. Been searching here for an hour, and can't seem to find a common Q&A section about overall CHL law in Texas. In other words, several "What if" scenarios, etc.... Do we have something on here?

2. I know in the car we need to display (even though the law was modified) our CHL if pulled over by an LEO, but what about on a bike or just walking with it in a holster?? Does the license HAVE to be on our person no matter what IF we're carrying in EVERY situation??

Thanks in advance for those that respond

You MUST have your license with you any time you are carrying. If you have your gun but don't have your license, you could be charged with Unlawful Carrying of a Weapon.

The law still states you MUST show your CHL any time an LEO asks you for ID if you are carrying your weapon. They just removed the penalty which suspends your CHL if you fail to do so.

[RocTrac]

I believe that it does, even so some form of ID should be on you at all times. Even on your bike, I don't think that the extra weight is gonna hurt anything.

[Abraham]

There's no law requiring "some form of ID" be carried on your person in the United States.

That being said, if you're a CHLer, than yes, carrying an adequate form of ID is required.

If driving, you must have a valid Driver's License.

However, in general, if you're simply a pedestrian or bicyclist or out bird watching or something not requiring special identification, you're not beholden to any government official to produce "your papers", if you will...many foreign countries require such things, but not here in the U.S.

[RocTrac]

The some form of ID isn't so much a legal thing as it is a riding your bike and ______ thing. All it takes is one instant of not paying attention and your on your back trying to catch your breath.(Like looking back at your Son "Pay attention to the little trees, they can catch your handl.........OHHHHHHHH)

[Ropin]

I believe TX law views you (an adult) as bound by the same laws when riding a bicycle on the streets as you would be operating a motor vehicle. For instance, a cyclist can be ticketed for running a stop sign or light, speeding, or operating while intoxicated....

IANAL, but I recall those warnings from my self-powered two-wheel days.

Anyway, as mentioned before, if you're carrying, you need your documentation, and that's that. I'm simply advising that you not view the pursuit as 'just cycling.'

[garcia946]

You MUST have your CHL license if you are carry at any given time. End of story.... Sorry....
Motorist Protection Act , think you can pull that but don`t think anywhere to conceal you firearm on a bicycle , unleass you have it on a carry bag of the bike
But good rule of thumb is to have license at all times...
my two cents....

[mr.72]

MPA won't do you any good on a bicycle since it specifically says "MOTOR vehicle"

[android]

I don't have my CHL yet, but ride a bike a lot. Yes, you have to follow the rules of the road, but it is not a motor vehicle, so you don't need to carry your DL by law. I always carry my wallet so I would have it anyway. Some cyclists get a TX ID so they don't have to produce DL. I think you can have a TX DL *and* a TX ID at the same time legally.

Yeah, TX MPA kind of neglected the cyclists. New Mexico was very nice in this respect as their law specifically called out motorcycles and bicycles as legal to carry.

[srothstein]

One of the very weird quirks in Texas law is that if you are carrying a pistol on or about you, and if you have a CHL, you must have the CHL and either a Texas Driver's License or a Texas ID card with you. Section 411.205 of the Govenrment Code says you will produce botht he driver's license (or ID Card) and the CHL on demand of a peace officer if you are carrying. It does not limit this to driving.

So, if you are riding your bicycle, you may carry a concealed weapon if you have your DL and CHL with you at the time. The good news is that there is no penalty for not obeying this since Sep. 1.

[nils]

I also bike and carry, and I always carry my papers with me..better safe than sorry...plus, it's not like it'll weigh you down any.

[Abraham]

srothstein,

" The good news is that there is no penalty for not obeying this since Sep. 1."

Would you please clarify the above?

Specifically, not obeying what?

Thanks

[srothstein]

Abraham, the penalty for not showing your CHL on demand to a peace officer was removed as of Sep 1. This is what I was referring to. If you do not have a penalty for not showing it, you would normally not have a penalty for not having it with you (like a DL when driving). As long as you do have one and it is valid at the time of the stop, you should be good to go. I did point out the potential flaw, but I really think the court would find you not guilty of unlawfully carrying for having a CHL and not having it with you.

[Abraham]

srothstein ,

Great explanation.

Thanks again!

[mkosmo]

Abraham, the penalty for not showing your CHL on demand to a peace officer was removed as of Sep 1. This is what I was referring to. If you do not have a penalty for not showing it, you would normally not have a penalty for not having it with you (like a DL when driving). As long as you do have one and it is valid at the time of the stop, you should be good to go. I did point out the potential flaw, but I really think the court would find you not guilty of unlawfully carrying for having a CHL and not having it with you.

A LEO buddy of mine warned me not to test this. If a CHL fails to produce to him, he was told to book them with UCW. He said the Harris County DA will take the charge, and most judges here would likely convict you. As soon as you have that misdemeanor, your CHL will be revoked, Just new ways to jack up non-compliant CHLs.