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Posted: Fri Oct 12, 2007 8:07 am
by barres
Liberty wrote:
barres wrote:No. You can open carry on a motorcycle if you are traveling, but you won't get what used to be called the presumption of traveling, because that requires concealment. You will get hassled about it quite likely. And traveling is a defense to prosecution, not an exception, so an arrest and trial would most likely occur.
While I will admit there is certainly a risk. And that open carry on a motorcycle is a bad idea. I don't believe arrest and a trial would be a likelihood. Most LEO understand the traveling presumption pretty well. I believe most would tell you to put it away, rather than arrest.
I would like to think you're right, and, in much of the state, you probably are. Unfortunately, I live too close to Harris County to have much faith in not being arrested on a weapons charge that has a positive defense to prosecution, and the OP said he saw the OC on a bike on the 610 loop in Houston, IIRC. I guess I should have said that an arrest and trial could be likely depending on where you were.

Posted: Fri Oct 12, 2007 4:00 pm
by Liberty
barres wrote: I would like to think you're right, and, in much of the state, you probably are. Unfortunately, I live too close to Harris County to have much faith in not being arrested on a weapons charge that has a positive defense to prosecution, and the OP said he saw the OC on a bike on the 610 loop in Houston, IIRC. I guess I should have said that an arrest and trial could be likely depending on where you were.
Perhaps your right, although from what I've heard here most of the police agencies in Harris County aren't as gun unfriendly as the current DA is.