 Texas Handgun Laws
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Learned Hand
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Texas law regarding handguns includes the phrase "in a motor vehicle" in describing what is and isn't legal. Does anyone here know what this means, relative to a motorcycle? Can a motorcyclist carry a handgun on his/her person while on the bike (without a permit), same as if they were inside a car or truck? Or does the gun have to be secured to the motorcycle itself, say in a saddlebag or under the seat? Here's the law currently:
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A person commits an offense of unlawfully carrying a
weapon if the person intentionally, knowingly, or recklessly
carries a handgun on or about his or her person unless the
person is on one’s own premise or premises under the
person’s control or inside of or directly en route to a motor
vehicle that is owned by the person or under the person’s control.
It is unlawful to intentionally, knowingly or recklessly carry
on or about one’s person a handgun in a motor vehicle if the handgun
is in plain view or the person is engaged in criminal activity
(other than a misdemeanor traffic violation), prohibited by law from
possessing a firearm or is a member of a street gang.
'08 America Blue/White; Custom Headlamps, Custom Lowers, Clearview 20", Bafflectomy
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Re: Texas Handgun Laws
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Joined: Sep 2007
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Learned Hand
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Learned Hand
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If you are not licensed to carry a concealed weapon on your person, then it should be concealed in a saddlebag or other luggage. I'm not sure whether it has to be unloaded, etc.
Howbeit when He, the Spirit of truth, is come; He will guide you in all truth:
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Re: Texas Handgun Laws
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Should be Riding
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Should be Riding
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from uslegal.com Quote:
A firearm or dangerous weapon is not considered concealed if it is:
1. Carried in a belt holster which is wholly or substantially visible or carried in a case designed for carrying a firearm or dangerous weapon and which is wholly or substantially visible;
2. Locked in a closed trunk or luggage compartment of a motor vehicle;
3. Carried in the field while lawfully engaged in hunting, trapping, or target shooting, whether visible or not; or
4. Carried by any person permitted by law to possess a handgun unloaded and in a secure wrapper from the place of purchase to that person's home or place of business, or to a place of repair, or back from those locations.
5. A bow and arrow, an unloaded rifle or shotgun, or an unloaded weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas including any such weapon commonly referred to as a BB gun, air rifle, or CO 2 gun, while carried in a motor vehicle.
You wrote, "Can a motorcyclist carry a handgun on his/her person while on the bike (without a permit), same as if they were inside a car or truck?"
Barring a concealed weapon permit, and making sure you unload then reload as you utilize a reciprocity agreement: Carrying a weapon in a manner to be of use makes one a criminal. Don't know about you but being a living criminal is better than being a dead law abiding citizen. I would say that you would need to have the weapon unloaded and stowed in something that requires you to dismount then open, and then having the ammunition in a second similar location in order to steer clear of criminal behavior. But then why would you rely on same for protection? Sure, sometimes presenting a sidearm will thwart untoward behavior; just don't bet your life on it. Fleeing is the better course, not putting oneself in that position is the best.
Now having a sidearm on your belt in a holster plainly visible...Forget about it. You will have the law on you in a new york minute. Won’t matter if you have a permit or not. You would conceal if you possessed a permit.
Blowing gravel off rural roads
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Re: Texas Handgun Laws
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Joined: Sep 2007
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Learned Hand
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Learned Hand
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In Georgia, to carry a pistol in a vehicle, it is supposed to be in plain view. I'm trying to decide how my .40 would stay put on the pillion seat.
Howbeit when He, the Spirit of truth, is come; He will guide you in all truth:
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Re: Texas Handgun Laws
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Joined: Jul 2008
Posts: 1,440
Learned Hand
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OP
Learned Hand
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Quote:
In Georgia, to carry a pistol in a vehicle, it is supposed to be in plain view.
Funny, it's the opposite here, as noted in the laws I quoted. So, in TX anyway, a "permitless" individual in a vehicle can apparently either conceal the weapon on his person or conceal it in the glove box, etc., as long as it is indeed concealed. I'm just trying to figure out whether that also applies verbatim to motorcyclists, i.e., whether being on a motorcycle is legally parallel to being in a car or truck. That's the case in Florida, but I don't know about TX. The thing is, it seems odd that a person with no permit can't legally walk down the street with a concealed handgun, but could ride down the road in the same circumstance.
'08 America Blue/White; Custom Headlamps, Custom Lowers, Clearview 20", Bafflectomy
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Re: Texas Handgun Laws
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Joined: Jan 2005
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Should be Riding
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Should be Riding
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Posts: 11,126 Likes: 13 |
Not speaking for Ron (saxtron) but you may want to ask him. He would be able to answer to definitely.
Blowing gravel off rural roads
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Re: Texas Handgun Laws
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Joined: Jul 2006
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3/4 Throttle
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3/4 Throttle
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Well, Jack if you can carry a rifle in a rack in your pickup, couldn't you strap one to your handlebars or have it in a scabbard mounted to your bike like the couriers did during WWII. A good 12 guage in plain view would be more of a deterrent than a pistol in your saddle bag.
Redbike7
2006 America
No amount of skill can overcome gross stupidity. Ask me how I know...never mind, I forgot...
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Re: Texas Handgun Laws
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Joined: Feb 2007
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Fe Butt
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Fe Butt
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Only problem I see there is if you want to stop there people would frown upon you carrying it around with you and if you leave it on the bike it won't be there when you get back. Cops probably would hassle you for it too even if it isn't illegal.
I learned all I need to know about life by killing smart people and eating their brains.
Eat right ,Exercise ,Stay fit, Die Anyway!
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Re: Texas Handgun Laws
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Joined: Jan 2005
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Learned Hand
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Learned Hand
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Actually I've seen a couple of bikes here in Texas that had shotguns with pistol grips mounted (locked) to bikes. Both looked like one off custom mounts the securely locked the gun to the bike and cover the trigger guard. I guess the Texas "traveler's" law that allows loaded shotguns or rifle's to be carried in vehicles applies to bikes as well.
Learning from my mistakes... again and again.
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Re: Texas Handgun Laws
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3/4 Throttle
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3/4 Throttle
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I've never seen a rifle or shotgun mounted on a bike but it just makes sense especially with the rifles that have folding stocks. Sure as heck would get my attention. Carrying a concealed handgun on your body when riding sure seem uncomfortable.
However, I'm going to Big Bend at the end of the month and you know how people move back and forth across the river down there. With the drug violence it makes me think twice about being unarmed.
Redbike7
2006 America
No amount of skill can overcome gross stupidity. Ask me how I know...never mind, I forgot...
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Re: Texas Handgun Laws
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Loquacious
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Loquacious
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I made a 150 mile trip with an AR15 shorty on my back. I caught a few ppl looking.
we should do this every weekend!
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Re: Texas Handgun Laws
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Learned Hand
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Learned Hand
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We were in Big Bend this time last year. According to a border patrol chooper pilot we spoke to there really aren't many folks coming across the river in the park- that is one desolate area. Besides you'll be riding too fast through the twisties on the river road for anyone to mess with you! Of course, if I were camping down there a gun would be a must...
Learning from my mistakes... again and again.
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Re: Texas Handgun Laws
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Learned Hand
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OP
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After giving this a lot of thought, I think the real problem is the rider's legal status when he gets off the bike for a break. He's not allowed to carry the handgun with him, so it would have to be transferred to a secure location on the bike and left there until he returns. The only exception would be if he's going to a residence, such as a motel or (maybe) campsite where handguns aren't prohibited. Of course, with a permit, none of this is a problem. I just hate spending the time and money to satisfy what should be my constitutional right in the first place.
As for long barrel firearms, I don't have a use for those on a bike. It's not my intent to scare people off en masse. In all the years and miles I've biked, there's never been even a close call. It's just that things in general seem to be more violent now than 30 years ago. I'm thinking more about the types of situations that can occur if you break down on the side of the road late, or as someone else mentioned, if you go camping. I've always been self-reliant when travelling, and even today, I don't carry a cellphone.
Thanks for everyone's ideas on this.
'08 America Blue/White; Custom Headlamps, Custom Lowers, Clearview 20", Bafflectomy
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Re: Texas Handgun Laws
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Joined: Feb 2007
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Fe Butt
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Fe Butt
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Quote:
As for long barrel firearms, I don't have a use for those on a bike. It's not my intent to scare people off en masse.
Guns are not a scare tactic and should never be used as such. If you pull a gun you better be prepared to use it. If I am pulling mine I have already pulled the trigger in my head. Thankfully that situation has arisen often.
I learned all I need to know about life by killing smart people and eating their brains.
Eat right ,Exercise ,Stay fit, Die Anyway!
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Re: Texas Handgun Laws
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Joined: Jan 2005
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Oil Expert
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Oil Expert
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Quote:
It's just that things in general seem to be more violent now than 30 years ago. I'm thinking more about the types of situations that can occur if you break down on the side of the road late, or as someone else mentioned, if you go camping. I've always been self-reliant when travelling, and even today, I don't carry a cellphone.
I spent about 8 months travelling all over the US by bike in 2003-04 - never felt that I needed a gun of any kind. ( except when I went hunting with Moe & his brother but thats a whole other story  )
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Re: Texas Handgun Laws
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3/4 Throttle
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3/4 Throttle
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Well this is just one case. These people are all over the world you can smell the panic. Personally I would have shot the guy with the bat purely on principle. http://www.youtube.com/watch?v=lh_gL7Az53o
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Re: Texas Handgun Laws
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Monkey Butt
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Monkey Butt
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Have you noticed that the mass murderers seem to avoid places like Texas and go to places where the government restricts the possession of guns? Funny how that turns out.
We all like to think of ourselves as rugged individualists. But when push comes to shove most of us are sheep who do what we are told. Worst of all, a lot of us become unpaid agents of whoever is controlling the agenda by enforcing the current dogma on the few rugged individualists who actually exist.
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Re: Texas Handgun Laws
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Fe Butt
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Fe Butt
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Don't see em around here either. Funny the little punks from NYC here think they are tough but don't realize most of the locals here are much more heavily armed than they are!
I learned all I need to know about life by killing smart people and eating their brains.
Eat right ,Exercise ,Stay fit, Die Anyway!
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Re: Texas Handgun Laws
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Learned Hand
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Learned Hand
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I don't know about other states, but in N.C., displaying a weapon to scare off a possible offender can be considered a more serious offence than the one the possible offender intends. I have a ccp, but almost never carry. Its a hugh hassle for everyday life and the rules regarding such are many. You can spend more time arming and disarming as the list of places you can't carry are many. So, whats my point. I don't know.
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Re: Texas Handgun Laws
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Joined: Feb 2007
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Fe Butt
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Fe Butt
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Trouble with that is if you don't carry all the time the person you have to shoot can argue that since you had it that day it was premeditated. If you are going to carry you should have it on you all the time unless you know you are going to go where you can't.
I learned all I need to know about life by killing smart people and eating their brains.
Eat right ,Exercise ,Stay fit, Die Anyway!
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Re: Texas Handgun Laws
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Learned Hand
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Learned Hand
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True dog. And that brings another point up too. Plan on getting sued if you do actually have to shoot someone. Maybee not by your attacker but someone, family member or concerned citizens group. It goes with it in almost every case.
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Re: Texas Handgun Laws
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Joined: Sep 2007
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Learned Hand
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Learned Hand
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Quote:
True dog. And that brings another point up too. Plan on getting sued if you do actually have to shoot someone. Maybee not by your attacker but someone, family member or concerned citizens group. It goes with it in almost every case.
As my CCW instructor points out,"Shoot to kill, not to injure."
A dead "perp" isn't going to sue you.
Howbeit when He, the Spirit of truth, is come; He will guide you in all truth:
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Re: Texas Handgun Laws
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Joined: Feb 2007
Posts: 23,248 Likes: 64
Fe Butt
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Fe Butt
Joined: Feb 2007
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Quote:
Quote:
True dog. And that brings another point up too. Plan on getting sued if you do actually have to shoot someone. Maybee not by your attacker but someone, family member or concerned citizens group. It goes with it in almost every case.
As my CCW instructor points out,"Shoot to kill, not to injure."
A dead "perp" isn't going to sue you.
I was going to say the same thing, if I have to shoot it isn't gonna be in the leg or arm!
I learned all I need to know about life by killing smart people and eating their brains.
Eat right ,Exercise ,Stay fit, Die Anyway!
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Re: Texas Handgun Laws
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Joined: Jan 2005
Posts: 1,018
Learned Hand
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Learned Hand
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Quote:
Quote:
Quote:
True dog. And that brings another point up too. Plan on getting sued if you do actually have to shoot someone. Maybee not by your attacker but someone, family member or concerned citizens group. It goes with it in almost every case.
As my CCW instructor points out,"Shoot to kill, not to injure."
A dead "perp" isn't going to sue you.
I was going to say the same thing, if I have to shoot it isn't gonna be in the leg or arm!
Yes, but as my ccw instructer also pointed out. Even dead perps have family members who will be outraged by your actions and who will sue you. He pointed out that he had been as a police officer involve in 5 shooting situations and had been sued 7 times as such. He had won his side in each case. But you still will have to deal with it. I was just offering it as a consideration. My business causes me to have to go into some questionable places at night at times. Was the reason I got my permit. I just don't feel the need or want to carry all the time. The premed thing only would work in certain sitituations. And as my instructor also pointed out, if you find yourself being sued you'd better have your story straight. Your story would fall under self protection as well.
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Re: Texas Handgun Laws
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Joined: Feb 2007
Posts: 23,248 Likes: 64
Fe Butt
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Fe Butt
Joined: Feb 2007
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Quote:
Quote:
Quote:
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True dog. And that brings another point up too. Plan on getting sued if you do actually have to shoot someone. Maybee not by your attacker but someone, family member or concerned citizens group. It goes with it in almost every case.
As my CCW instructor points out,"Shoot to kill, not to injure."
A dead "perp" isn't going to sue you.
I was going to say the same thing, if I have to shoot it isn't gonna be in the leg or arm!
Yes, but as my ccw instructer also pointed out. Even dead perps have family members who will be outraged by your actions and who will sue you. He pointed out that he had been as a police officer involve in 5 shooting situations and had been sued 7 times as such. He had won his side in each case. But you still will have to deal with it. I was just offering it as a consideration. My business causes me to have to go into some questionable places at night at times. Was the reason I got my permit. I just don't feel the need or want to carry all the time. The premed thing only would work in certain sitituations. And as my instructor also pointed out, if you find yourself being sued you'd better have your story straight. Your story would fall under self protection as well.
I wasn't arguing it and have no doubt that I, or anyone, would most likely be sued. The friggin scum sue if they break in your house and the dog bites him. The insane part is the scum win those suits sometimes. I have 2 pitbulls for that very reason so if anyone breaks in they deter the perp. Let me just say while I am at it. my pitbulls are friendly loyal dogs and even play with my 2 year old grand kids and both the dogs and the kids love each other. Breaking in my place uninvited they probably wouldn't be so lovable.
I learned all I need to know about life by killing smart people and eating their brains.
Eat right ,Exercise ,Stay fit, Die Anyway!
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