MPA and Motorcycles

[elpjt]

I just finshed my CHL class and had a great time. The discussions we had were great and full of information. As allways there are questions that pop-up later and I thought this might be one that the forum could answer. I ride a motorcycle as a daily driver. If i ride the bike is it legal to carry a weapon concealed on person using MPA law? Of course getting off the bike and going into a store changes all the rules. I know that when I am issued the plastic it changes.

[C-dub]

You may, but as you have already discovered, what to do when you arrive at you destination get's a little tricky. If your gun is on you somewhere do you risk disarming to secure it somewhere on the bike and having someone see you? Either way, do you feel secure enough leaving your gun with the motorcycle? I see very few exceptions that would make this anything other than not a very good idea.

[speedsix]

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

[JJVP]

...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.

[Beiruty]

Going to and from car to your home while carrying is not a crime, even when you carry it openly (better keep it concealed) and you do not need a CHL for that. However, you can not go into a public place, a store, or wonder in park with no CHL.

Here is story from 2007:

http://www.dallasobserver.com/2007-10-2 ... ll-travel/" onclick="window.open(this.href);return false;


Is the "traveling clause" still on the books?

[tbrown]

Going to and from car to your home while carrying is not a crime, even when you carry it openly

I disagree. Both CHL and MPA require you to conceal. You can open carry on your property, but if your car is parked on the street or in the parking lot at your apartment, that's not your property.

[tbrown]

...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.

[elpjt]

Luckily for me it is just an idea. The scooter is in the shop and will not be a temptation. A few of the guys I ride with on weekends have CHL's and I feel comfortable not having to carry. My vehicle has a lock box installed and is fun to drive so not concerned. Another unique problem is that the best places to ride are in New Mexico and that starts a new problem. Thanks for the responses and true concern. Finger prints on Thursday and a trip to the post office and then the wait begins.

JT

[Beiruty]

Going to and from car to your home while carrying is not a crime, even when you carry it openly

I disagree. Both CHL and MPA require you to conceal. You can open carry on your property, but if your car is parked on the street or in the parking lot at your apartment, that's not your property.

As read the 46.02 concealing is only if you are in the vehicle.
a(1) and a(2) of 46.02 does not state that you can not carry in the open only section a-1(1) if the actor is in motor vehicle.


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-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

[speedsix]

...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????

[speedsix]

...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...

[apostate]

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.

[elpjt]

6 miles North, New Mexico. 6 miles West New Mexico. 6 miles South Mexico . 6 miles West not fun to ride. I think I will wait.

JT

[speedsix]

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...

[apostate]

6 miles North, New Mexico. 6 miles West New Mexico. 6 miles South Mexico . 6 miles West not fun to ride. I think I will wait.

JT

You should be fine in New and improved Mexico but stay out of Old Mexico, even if you have a CHL.

http://www.dps.nm.org/lawEnforcement/ccw/ccwFaq.php" onclick="window.open(this.href);return false;

Question: Do I have to be licensed to have a concealed loaded handgun inside my vehicle?

Answer: No. New Mexico law allows a person who is not otherwise prohibited to have a concealed loaded firearm in his/her vehicle (including motorcycles and bicycles). See 30-7-2 NMSA 1978. If you are not licensed to carry concealed in this State or in a state that NM recognizes, you may not have the weapon concealed on your person when you exit your vehicle or motorcycle.

Question: If I have my gun holstered in “plain view” on my belt will I be breaking the law?

Answer: New Mexico is an Open Carry State, meaning it is legal to carry a loaded weapon as long as it is not concealed. However, it is not legal to carry any firearm in any federal building or school. It is the responsibility of the person carrying the firearm to be informed as to when/where carrying is prohibited.