HB 1815 and motorcycle's

RCP · Post by **RCP** » Mon Oct 29, 2007 2:44 pm

With the passing of HB1815 does it mean that it would be legal for someone without a CHL to carry concealed on their person while riding a motorcycle? Would it have to be in a fanny pack, backpack, saddlebag, etc?

seamusTX · Post by **seamusTX** » Mon Oct 29, 2007 2:58 pm

IMHO, it would be legal to carry on one's person on a motorcycle. However, the instant the rider dismounts, except on his own property*, he is committing unlawful carry.

This is especially problematic during a traffic stop.

I would recommend carrying in some compartment.

*"on his own property" is shorthand for premises that he or she owns or controls.

- Jim

stevie_d_64 · Post by **stevie_d_64** » Mon Oct 29, 2007 3:12 pm

Technical point...And I am fully prepared for flames...

Is it required (in a traffic stop) to "fully" dismount off a motorcycle???

Or...

Could you still be in compliance if you only shut the engine off, kickstand down, and swing one leg over while maintaining your seat on the seat???

Just a thought...

Thinking that your action is casual, and not instigating any tension between that person and the Law Enforcement Officer???

If thats not an option, obviously you want to not violate the law, but since the mode of transportation does not allow you to "stay in your vehicle"...

Seems to me that motorcycles do not allow you to be discrete in the maintaining of concealment with or without a CHL per the law...

So, this obviously is something to motivate someone who is serious about carrying a firearm for self-defense to get a Texas CHL...

seamusTX · Post by **seamusTX** » Mon Oct 29, 2007 3:23 pm

stevie_d_64 wrote:Is it required (in a traffic stop) to "fully" dismount off a motorcycle???

It is if the officer tells you to.

- Jim

Wildscar · Post by **Wildscar** » Mon Oct 29, 2007 3:29 pm

stevie_d_64 wrote:Technical point...And I am fully prepared for flames...

Is it required (in a traffic stop) to "fully" dismount off a motorcycle???

Or...

Could you still be in compliance if you only shut the engine off, kickstand down, and swing one leg over while maintaining your seat on the seat???

Just a thought...

Then if the LEO asks you to step off the bike then what.

If you do not have your CHL I would recommend that you use a tank bag or place the firearm it in a locked compartment that built into the bike itself. I am not sure what style of bike you ride but most modern bike of some kind comes with a trunk so to speak.

TxRVer · Post by **TxRVer** » Mon Oct 29, 2007 4:37 pm

Last time I was stopped on a bike I had time to turn off the engine and get my gloves off. Then the officer was standing next to me. I didn't even have time to get my helmet off. The entire episode took place with me on the bike with helmet on. I was getting it off when he said "have a nice day".

BTW, I got a new bike a couple of weeks ago. Thanks for the oportunity to show it off.

"08 Dyna Wide Glide.

[/img]

WarHawk-AVG · Post by **WarHawk-AVG** » Mon Oct 29, 2007 7:19 pm

Gorgeous bike!

Here is mine!

http://www.msgroup.org/forums/mtt/showP ... H=WarHawk1

I welcome you to browse thru a GREAT motorcycle safety forum

http://www.msgroup.org/

Great bunch of safety minded individuals there...I know thru their teachings it saved my life 2x already, maybe you can learn something too

I know they make conceal leather vests
Like these
http://www.bikeweekleathers.com/catalog ... tem_id=810
http://www.shado.com/merchant/merchant. ... ry_Code=OV

Depending on how bad you want to dent your wallet

I got a CrossBreed Super-Tuck Deluxe IWB holster and I doubt I would loose my pistol because it holds rather well

I guess you could also try a should holster under your riding gear..but it might make it difficult to get to if you had an emergency

Retention is the key..you dont want to drop your firearm down the freeway at 70mph...its not very good for them

Ride safe and keep it shiny side up!

lrb111 · Post by **lrb111** » Mon Oct 29, 2007 7:33 pm

At this year's instructor renewal class this came up. It was pretty much a given that the rider would not have the handgun on their person. Rather, it would be stowed someplace on the bike.

Wildscar · Post by **Wildscar** » Mon Oct 29, 2007 9:29 pm

TxRVer wrote:08 Dyna Wide Glide.

Thats the diff. Heres mine. I normally always have to step off.

stevie_d_64 · Post by **stevie_d_64** » Tue Oct 30, 2007 2:31 am

Like I stated it was a technical issue...

And it was a situation that was overlooked in the original bill...But thats beside the point...Since I do not ride anyway, its been something thats stuck in the craw for a while about all of this...

But, it does motivate, and encourage those that do ride, and who understand and take advantage of this law to get with the program and get the CHL...If you don't already have it...

I believe this is a win/win solution in the long run...

And BTW, I have always understood that its bet to do exactly what an officer tells you to do in a traffic stop...

The point I was trying to instigate was one where you might be able to avoid an UCW by discretely keeping your rear end on the bike, therefore avoiding leaving your mode of conveyance...

This has always been one of the main reasons I thought this bill from the get go was not a very good idea...To me it was a waste of time...

But we got it now, and some will just have to deal with it...But not me...It doesn't apply to 99% of us here...

Just my opinion...

DoubleJ · Post by **DoubleJ** » Tue Oct 30, 2007 9:36 am

According to the Dallas Observer you don't need a CHL anymore, cause you can carry a gun anywhere you want and just say you are "directly enroute to, or from your vehicle/house."

yes, that's what they are getting at.

so, according to them, you get off your MotorScooter, you're still fine, because you are directly enroute "from" your MotorScooter.

sounds like, well.... to me, but whatcha gon' do?

barres · Post by **barres** » Tue Oct 30, 2007 2:02 pm

DoubleJ wrote:According to the Dallas Observer you don't need a CHL anymore, cause you can carry a gun anywhere you want and just say you are "directly enroute to, or from your vehicle/house."

yes, that's what they are getting at.

so, according to them, you get off your MotorScooter, you're still fine, because you are directly enroute "from" your MotorScooter.

sounds like, well.... to me, but whatcha gon' do?

That would be fine if the law protected you en route from your vehicle.

PC Â§46.02 wrote: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.

Never says anything about being directly (or indirectly) en route from a motor vehicle. LEO's and/or DA's may be picky enough to capitalize on this depending on where you were (Houston, Dallas, Austin, etc.). I never have figured out how a person who lives in an apartment (or has other community parking system where they live) can get their firearm back into their home legally under this new law.

seamusTX · Post by **seamusTX** » Tue Oct 30, 2007 2:20 pm

barres wrote:I never have figured out how a person who lives in an apartment (or has other community parking system where they live) can get their firearm back into their home legally under this new law.

I haven't, either.

Officer: Why do you have 156 pistols in your car?
Driver: See, officer, I can carry a pistol from home to my car, but not back home.

There's a general legal principle that if A is legal, and B is legal, getting from A to B has to be legal. The general prohibition on carrying handguns was held by appeals courts not to apply to a handgun that had just been purchased or that was being brought to a gunsmith for repair. (This was back in the horse-and-buggy era when car trunks were not an option.)

If someone is ever arrested while carrying from a car to his or her home or business, they could get off on this principle.

- Jim

cbr600 · Post by **cbr600** » Tue Oct 30, 2007 5:42 pm

DoubleJ wrote:According to the Dallas Observer you don't need a CHL anymore, cause you can carry a gun anywhere you want and just say you are "directly enroute to, or from your vehicle/house."

You still need a CHL for school zones.