Motorcycle CC

CHL discussions that do not fit into more specific topics

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HotLeadSolutions
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Re: Motorcycle CC

#16

Post by HotLeadSolutions »

ScottDLS wrote:
HotLeadSolutions wrote:
wconn33 wrote:Yeah I just wasnt sure if that meant I could have the weapon on the motorcycle or on my body. So if I am carrying a weapon I am good as long as I stay on the bike the trouble would start if I went into a store to eat or pay for gas correct?
It can't be on your person unless you are on the vehicle or "Directly en route to" your vehicle. Getting off your bike does pose a problem or two.
The law actually says inside of a motor vehicle. I'm not sure how you can be "inside" a typical motorcycle, so I guess that's what's causing folks concern.
I covered that in this post earlier:

"by HotLeadSolutions » Sun Mar 27, 2011 3:59 pm

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.

The statute says "motor vehicle" not automobile. The part of the law that had me confused was "inside of or directly en route to" since you can't be inside of a motorcycle I thought it might get a little sticky. I called DPS and asked for a clarification. I was told that ANY motor vehicle as defined by the Texas penal code qualifies you to carry under MPA. I followed that call up with a call to my local PD (Rowett) and my neighboring PD (Rockwall) and was told the same thing.

Hope this helps."


I agree with you 100%...It confused me as well.
Daniel
CHL Instructor
Dallas Concealed Carry
http://www.DallasConcealedCarry.com
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RoyGBiv
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Re: Motorcycle CC

#17

Post by RoyGBiv »

08concours14 wrote:I agree with TAM and you're looking at this correctly: be sensible, patient, and don't break the law and complicate things. I ride and have tried several different options, and none, IMO, are very effective. I have no desire to carry on my person while riding for several reasons, e.g. comfort, poor concealability, and primarily I don't want a chunk of steel digging in my ribs or hip or anywhere else if I go down.
If I'm traveling, I often carry in a lockable hard bag, but access is an issue and you'd basically have to be stopped to have any chance of being effective. Leaving a firearm locked in a hard bag on a motorcycle is not secure enough for me either. Honestly, I figure I'm a sitting duck in many ways when on two wheels, short of the fact that if I saw them coming, they'd have to catch me. When I arrive at my destination, then I switch to whatever concealed carry holster best works and I'm good to go.
That pretty much sums it up for me...

The only time I (CHL) carry on the bike is if I am running errands or have a "destination" where I plan to be off the bike and "out among the masses"... Using a weapon while mounted on a motorcycle is problematic, falling on your gun would be problematic as well. If you;re just out riding... leave the gun at home for a few weeks until the CHL arrives. If you must go someplace where you feel you must (MPA) carry during the drive, take the car.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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The Annoyed Man
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Re: Motorcycle CC

#18

Post by The Annoyed Man »

ScottDLS wrote:
HotLeadSolutions wrote:
wconn33 wrote:Yeah I just wasnt sure if that meant I could have the weapon on the motorcycle or on my body. So if I am carrying a weapon I am good as long as I stay on the bike the trouble would start if I went into a store to eat or pay for gas correct?
It can't be on your person unless you are on the vehicle or "Directly en route to" your vehicle. Getting off your bike does pose a problem or two.
The law actually says inside of a motor vehicle. I'm not sure how you can be "inside" a typical motorcycle, so I guess that's what's causing folks concern.
I don't think an LEO would make a distinction between inside and outside for a motorcycle rider, but the "directly en route to" part is pretty specific. It has to be between your home and your vehicle, and your vehicle and your place of business. That would not include a gun concealed inside a tankbag or on your person, carried into the local bike hangout/coffeeshop.

Given:
  1. you cannot legally carry it concealed on your person on a motorcycle under MPA any other way than between between your house and bike, and bike and office;
  2. you cannot (IMHO) get off your bike with the gun on your person between your home and place of business for any other reason (since getting off would constitute "exiting the vehicle");
  3. you cannot even remove the tankbag holding the gun from the gas tank to fill up en route at a gas station;
  4. a gun stored in a locked saddlebag or a zipped up tankbag is not readily or easily deployable;
  5. a gun stored on the bike is not very well secured unless it is in your line of sight at all times, there is little or no practical value in carrying a gun on your bike between home and place of business unless you A) are not making any stops along the way; and B) your place of business permits you to bring the gun inside.
Let me make it perfectly clear that I am not against mixing guns and bikes. I would just hate to see somebody with a pending CHL get carted off to jail by an overzealous cop who couldn't think outside the box enough to deal in a sensible way with the specifics of how the law might apply to motorcycle carry. Since the OP has an alternate means of transportation which would permit him to carry under MPA to his heart's content without risking capricious application of the law by an LEO, and since there will still be plenty of good riding weather ahead after his CHL arrives, I just don't think the risk is worth the possible hassles of bike carry without a CHL.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

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