Search found 6 matches

by speedsix
Sun Jul 24, 2011 7:56 pm
Forum: General Texas CHL Discussion
Topic: MPA and Motorcycles
Replies: 23
Views: 2864

Re: MPA and Motorcycles

JJVP wrote:
speedsix wrote:
JJVP wrote:
speedsix wrote:...just renewed...our instructor said in/on the motorcycle...fine...on the person...not fine...saddlebags, vaults made for motorcycles...anyplace ON the bike...
I believe your instructor is mistaken.

PC §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.
...where do you see in my post that the instructor said not to conceal the weapon? He was completely correct...whether the pistol, for instance, is locked in a steel box, or hanging in a saddle bag, as long as it's attached to the motorcycle, and you can get off and walk away and it stays there, and it's not visible...it can hang in a coupla socks from the handlebars...it just has to be concealed...the fact that it might be easy to steal is a given...if the rider's not doing (1) failing to conceal it or (2) (A), (B), or (C)...he's not in violation 46.02 (2) says motor vehicle...and a motorcycle is one of those... where do you see the error????
I was nor referring to the concealed part, but you said:
just renewed...our instructor said in/on the motorcycle...fine...on the person...not fine...saddlebags, vaults made for motorcycles...anyplace ON the bike
The part about not ON your person is incorrect. :tiphat:

...yep...that was corrected on page one...I've made twelve mistakes since then...your way makes more sense...since you can't be IN the motorcycle but it IS a motor vehicle...still looking for a confirmation in others' contacts w/LEO while actually doing that...till then, I'd hang it ON the bike...I KNOW they can't get me for that...


...5 mins later...guess what...guess where ...I put in on search on bing handgun on person on MC under MPA? and it brought up:

viewtopic.php?f=7&t=43520" onclick="window.open(this.href);return false;

...now ain't THAT a thang!!! not documented but at least "official" opinions from state and a local PD...
by speedsix
Sun Jul 24, 2011 1:15 pm
Forum: General Texas CHL Discussion
Topic: MPA and Motorcycles
Replies: 23
Views: 2864

Re: MPA and Motorcycles

...pretty fair and reasonable...makes it easy on the bikers!!!
by speedsix
Sat Jul 23, 2011 11:39 pm
Forum: General Texas CHL Discussion
Topic: MPA and Motorcycles
Replies: 23
Views: 2864

Re: MPA and Motorcycles

apostate wrote:I think the point is it doesn't matter if the handgun is in a pocket or in a bag when you're riding. Either way it's on or about your person but MPA covers you while you're on the motorbike. The situation changes when you dismount, as in tbrown's example of stopping for lunch.

...duh, NOW I get it...it's not carrying it concealed attached to the bike they're arguing...it's carrying it concealed on their person same like inside a car or RV...he said it's too easy to have a cop dismount you...then what're you gonna do...but the way the law reads, long as you stay on the bike...wonder if a biker forum might have any explerience with this? I've never heard it contested...the only thing that doesn't fit is the word in...but there is NO IN to a cycle...
by speedsix
Sat Jul 23, 2011 10:53 pm
Forum: General Texas CHL Discussion
Topic: MPA and Motorcycles
Replies: 23
Views: 2864

Re: MPA and Motorcycles

tbrown wrote:
JJVP wrote:
speedsix wrote:...just renewed...our instructor said in/on the motorcycle...fine...on the person...not fine...saddlebags, vaults made for motorcycles...anyplace ON the bike...
I believe your instructor is mistaken.
I agree. No difference between a tank bag and a jacket pocket when you're on the motorcycle. A mini vault or locked saddlebag will keep you legal (the way I read it) if you stop for lunch. But if you ride from your home to your business (as in you're the business owner) then you're covered at both ends and during the ride, no matter if the gun is on your person or on the bike.

The best option is to get a CHL, either from Texas or a more reasonably priced state, but MPA works during your wait.
...a tank bag is attached to the motorcycle...you get off...it stays there...it conceals the weapon...you can carry it from the house to the bike and back concealed...what's the violation??? the law doesn't deal with the level of security of the weapon...just that it be kept out of sight so as not to alarm...a jacket is a garment that you wear...same as a purse or a briefcase...I don't see folks carrying motorcycle saddlebags down the street on a regular basis...
by speedsix
Sat Jul 23, 2011 10:49 pm
Forum: General Texas CHL Discussion
Topic: MPA and Motorcycles
Replies: 23
Views: 2864

Re: MPA and Motorcycles

JJVP wrote:
speedsix wrote:...just renewed...our instructor said in/on the motorcycle...fine...on the person...not fine...saddlebags, vaults made for motorcycles...anyplace ON the bike...
I believe your instructor is mistaken.

PC §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.
...where do you see in my post that the instructor said not to conceal the weapon? He was completely correct...whether the pistol, for instance, is locked in a steel box, or hanging in a saddle bag, as long as it's attached to the motorcycle, and you can get off and walk away and it stays there, and it's not visible...it can hang in a coupla socks from the handlebars...it just has to be concealed...the fact that it might be easy to steal is a given...if the rider's not doing (1) failing to conceal it or (2) (A), (B), or (C)...he's not in violation 46.02 (2) says motor vehicle...and a motorcycle is one of those... where do you see the error????
by speedsix
Sat Jul 23, 2011 8:19 pm
Forum: General Texas CHL Discussion
Topic: MPA and Motorcycles
Replies: 23
Views: 2864

Re: MPA and Motorcycles

...just renewed...our instructor said in/on the motorcycle...fine...on the person...not fine...saddlebags, vaults made for motorcycles...anyplace ON the bike...

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