OPEN CARRY WHILE ON A MOTORCYCLE?

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TVGuy
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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby TVGuy » Wed Aug 09, 2017 9:49 am

Solsand wrote:Simple question.... is it legal while on a public street, highway, etc.? Not that I want to or even need to but I'd like to know. Searched this forum but did not see anything directly relating to this question.


It's perfectly fine, I do it every week. I've had discussions with many officers that saw me carrying while I was on my bike and they have thought little of it. (not a big cruiser either, a Ducati Superbike that doesn't hide anything well)

I have caught a few people taking pictures of me from their cars while OCing on my bike. I think it is the ones that haven't seen OC going on and get a kick out of it. Plenty of thumbs-ups :thumbs2: as well.

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Mel
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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby Mel » Wed Aug 09, 2017 11:03 am

hurleyman77 wrote:I registered just to answer this question!
Several years ago (before the recent Open Carry laws) I called my local police department to ask if it were legal for me to transport a rifle that I'd just purchased, on my motorcycle. The very helpful officer informed me that was (and still is) perfectly legal to openly carry a firearm in/on your motor vehicle, including a motorcycle. HOWEVER, if a patrolling officer thought that I was brandishing it, or if it frightened people, then I might be arrested for Brandishing a Weapon, or some kind of Disorderly Conduct.
So, as is often the case, "Is it legal to carry" is rarely the only question to ask. Sure, it might be legal to carry... and you might still get properly arrested anyway.

I would be interested in hearing what law would be referenced for "Brandishing a Weapon". Never heard of that law in Texas.
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oljames3
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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby oljames3 » Wed Aug 09, 2017 12:44 pm

hurleyman77 wrote:I registered just to answer this question!

Several years ago (before the recent Open Carry laws) I called my local police department to ask if it were legal for me to transport a rifle that I'd just purchased, on my motorcycle. The very helpful officer informed me that was (and still is) perfectly legal to openly carry a firearm in/on your motor vehicle, including a motorcycle. HOWEVER, if a patrolling officer thought that I was brandishing it, or if it frightened people, then I might be arrested for Brandishing a Weapon, or some kind of Disorderly Conduct.

So, as is often the case, "Is it legal to carry" is rarely the only question to ask. Sure, it might be legal to carry... and you might still get properly arrested anyway.

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Welcome to the forum, hurleyman77! Every time I've carried a pistol while riding, I've carried openly. Of course, long arms are different from handguns.

Since Texas law does not mention or define "brandishing", disorderly conduct would seem to be the most likely charge. A holstered handgun should not cause issues.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.42.htm

TPC Title 9, Chapter 42, Section 42.01:
"(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;"

Sections 46.02, 46.035, and 46.15 provide unlesses, exceptions, and nonapplicability for license holders.
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Last edited by oljames3 on Wed Aug 09, 2017 8:46 pm, edited 1 time in total.
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rm9792
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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby rm9792 » Wed Aug 09, 2017 7:57 pm

I intentionally open carry on a bike to keep people away. SS 1911 shows up well against a black jacket. Once I dismount I drop my shirt over it.

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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby RPBrown » Thu Aug 10, 2017 8:41 am

I generally dont have a choice as the wind usually blows my shirt up exposing it anyway
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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby koine2002 » Fri Aug 11, 2017 12:53 pm

I've done it many times. I remember, a few months after OC passed, I was OC's on the bike. At a stoplight, a lady pulled up next to me in a crossover SUV that was decked out in political stickers that typically signal an anti-gun bias even if there is no anti-gun bias sticker (which I saw after we pulled out when the light turned green). I really didn't pay her any mind until, when the light turned green, I glanced and saw her phone up. She was probably taking a picture. I imagine that picture is floating around some angry mom forums.
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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby E.Marquez » Fri Aug 11, 2017 1:56 pm

Heading home.jpg

This picture was taken last year, I just finished teaching class, on my way home.
The picture was posted to a FB group that is no longer up..But it was a anti 2a group of clucking hens, male and female types that were traumatized and offended by the sight of a GUN .

Fellow posters on that sight had all kinds of "great" suggestion, from calling the police and saying they were scared for their life, to running over "that idiot gun nut", to having a friend "run my plate" and get my home address so I could be visited and given an earful...what ever that means.
I was told about the pic, from a friend of a friend with an acquaintance that saw us together at a bike night and put two and two together. Im told, word got back to the group admin, screen shots of the suggestions for illegal activities and outright physical threats had been taken and sent to the FBI and Texas Department of Justice ..I do not know if any of that is true....only have it third hand, I was later told the FB group was shut down with no explanation..it simply was no longer there.

Too bad, i wanted to join and saying thanks for the pic, I liked it enough to post it on my FB page..LOL I hardly ever get pics of me riding even though i ride 10's of thousands of miles a year.

BTW, That was an intentional "open carry" not because Im all that interested in Open carry, but simple because the jacket I wore that day did not fit well over my gun.

Erik

koine2002 wrote:I've done it many times. I remember, a few months after OC passed, I was OC's on the bike. At a stoplight, a lady pulled up next to me in a crossover SUV that was decked out in political stickers that typically signal an anti-gun bias even if there is no anti-gun bias sticker (which I saw after we pulled out when the light turned green). I really didn't pay her any mind until, when the light turned green, I glanced and saw her phone up. She was probably taking a picture. I imagine that picture is floating around some angry mom forums.
No words or opinions I post in this forum are intended to be offensive to any member here.

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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby Jusme » Fri Aug 11, 2017 2:37 pm

E.Marquez wrote:
Heading home.jpg

This picture was taken last year, I just finished teaching class, on my way home.
The picture was posted to a FB group that is no longer up..But it was a anti 2a group of clucking hens, male and female types that were traumatized and offended by the sight of a GUN .

Fellow posters on that sight had all kinds of "great" suggestion, from calling the police and saying they were scared for their life, to running over "that idiot gun nut", to having a friend "run my plate" and get my home address so I could be visited and given an earful...what ever that means.
I was told about the pic, from a friend of a friend with an acquaintance that saw us together at a bike night and put two and two together. Im told, word got back to the group admin, screen shots of the suggestions for illegal activities and outright physical threats had been taken and sent to the FBI and Texas Department of Justice ..I do not know if any of that is true....only have it third hand, I was later told the FB group was shut down with no explanation..it simply was no longer there.

Too bad, i wanted to join and saying thanks for the pic, I liked it enough to post it on my FB page..LOL I hardly ever get pics of me riding even though i ride 10's of thousands of miles a year.

BTW, That was an intentional "open carry" not because Im all that interested in Open carry, but simple because the jacket I wore that day did not fit well over my gun.

Erik

koine2002 wrote:I've done it many times. I remember, a few months after OC passed, I was OC's on the bike. At a stoplight, a lady pulled up next to me in a crossover SUV that was decked out in political stickers that typically signal an anti-gun bias even if there is no anti-gun bias sticker (which I saw after we pulled out when the light turned green). I really didn't pay her any mind until, when the light turned green, I glanced and saw her phone up. She was probably taking a picture. I imagine that picture is floating around some angry mom forums.



That's funny.

They must have good eyesight, I had to look closely to even see the gun. With your multi-colored jacket and backpack close by, it is hard to see.
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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby E.Marquez » Fri Aug 11, 2017 3:00 pm

Jusme wrote: They must have good eyesight, I had to look closely to even see the gun. With your multi-colored jacket and backpack close by, it is hard to see.

They were in the car next to me... I remember seeing them look at me, but I did not observe them taking a picture.. But as soon as I was sent the pic I know exactly when it happened and by who.
I thought it was funny.
after I knew about it I contacted the local PD, whose officers are often sitting next to our range watching our riders while they do what officers do sitting in a parking lot.. There been no reports that day I was told and these are his words "If there had been we would have come by and laughed about it"
Small town PD, where they know the regulars ..good chance the department person answering the phone would have said something like// "Say again what he looks like????? Oh you mean the guy that teaches motorcycle classes at the high school? ..Yes we know he has a gun...likely more than one ..and why are you calling to tell us this?" "rlol"
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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby JustSomeOldGuy » Sat Aug 12, 2017 11:22 am

E.Marquez wrote:
Heading home.jpg

This picture was taken last year, I just finished teaching class, on my way home.
The picture was posted to a FB group that is no longer up..But it was a anti 2a group of clucking hens, male and female types that were traumatized and offended by the sight of a GUN .

{stuff deleted here}

BTW, That was an intentional "open carry" not because Im all that interested in Open carry, but simple because the jacket I wore that day did not fit well over my gun.

Erik

koine2002 wrote:I've done it many times. I remember, a few months after OC passed, I was OC's on the bike. At a stoplight, a lady pulled up next to me in a crossover SUV that was decked out in political stickers that typically signal an anti-gun bias even if there is no anti-gun bias sticker (which I saw after we pulled out when the light turned green). I really didn't pay her any mind until, when the light turned green, I glanced and saw her phone up. She was probably taking a picture. I imagine that picture is floating around some angry mom forums.


Maybe she took your picture because you were on a "bullet bike". Nice CBR(?) by the way. ;-)
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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby C-dub » Sun Aug 13, 2017 12:10 pm

I thought I had posted something here on this topic, but don't see anything.

Anyway, I don't OC much. That's been explained in other threads. Now that I'm back in the saddle again, maybe that's where I posted something about this, I may OC on trips simply because there's less storage space and it would be easier to OC than pack it. However, I've also recently learned of my wife's distaste for OC. We'll see how that goes.

My biggest concern with OCing while riding is that someone will call 911 and tell them that I point my gun at them. Road ragers are still in the news every week it seems and there's even been a case recently where a guy called the police on his friend that was carrying in a 51% place because they had an argument. My concern might be like a phobia, but who hasn't heard of being "swatted?"
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Re: OPEN CARRY WHILE ON A MOTORCYCLE?

Postby rm9792 » Wed Aug 16, 2017 6:17 pm

Unless they have some sort of proof it isnt a problem. Honestly they could say that anyway or a hundred other things that are lies.


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