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seamusTX wrote:

somedudefromhouston wrote:who can clarify the regulation in the scenario of a motorcyclist ?

Welcome to the forum.

Only a judge can clarify how the law applies to motorcycles.

Being on a motorcycle is legally equivalent to being in a motor vehicle for other legal purposes, such as the open container law. Traveling could also apply. It really would be up to an officer to decide whether to arrest you for illegal carry. If that happens, you get the clarification.

- Jim

Thanks Jim, thats exactly the sort of clarification I wish to avoid!

seamusTX wrote:

somedudefromhouston wrote:who can clarify the regulation in the scenario of a motorcyclist ?

Welcome to the forum.

Only a judge can clarify how the law applies to motorcycles.

Being on a motorcycle is legally equivalent to being in a motor vehicle for other legal purposes, such as the open container law. Traveling could also apply. It really would be up to an officer to decide whether to arrest you for illegal carry. If that happens, you get the clarification.

- Jim

PC 30.01 defines a vehicle.
3) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation."

I think that pretty much covers a motorcycle. Something else, IMHO, we shouldn't use the term "traveling" in reference to procession in a vehicle anymore since the traveling requirement was removed. If we do we just perpetuate a mis-conception.

The problem with PC § 30.01 is that it begins, "DEFINITIONS. In this chapter: ..." that is, Chapter 30.

PC § 46.02 specifically says "inside of ... a motor vehicle."

As I said earlier, being on a motorcycle is frequently considered as being in a motor vehicle, but I am not aware of a statute or case law that would make that principle explicitly applicable to PC 46.02.

I am also keeping in mind that every peace officer in Texas has been trained since day 1 that carrying a handgun without a CHL is illegal. Many never accepted the traveling presumption that was in effect from 2005 to 2007, and I am not confident that all will accept the 2007 law until their DAs tell them to stop arresting motorists. This is my personal opinion, which of course I cannot prove.

PC § 46.15 has made 46.02 inapplicable to travelers since the current statutes were codified, and travelers were exempt from previous weapons bans under whatever code was in effect at the time. That means real travelers, such as someone going from San Antonio to Waco.

- Jim

seamusTX wrote:The problem with PC § 30.01 is that it begins, "DEFINITIONS. In this chapter: ..." that is, Chapter 30.

PC § 46.02 specifically says "inside of ... a motor vehicle."
......
- Jim

Du-uh! I misrembered PC 46 as PC 9, which does reference 30.01. PC 46 doesn't do that. There should be one chapter with all definitions which others reference. But then, that would be logical and this is the law.

Lawyers and judges need something to keep them busy.

- Jim

somedudefromhouston wrote:Bikes dont have consoles or gloveboxes, and the only way access a saddle bag is to stop and "exit"the vehicle.

My buddy who ride's a Harley has a touring package on it and on the front of both saddle bag's he has leather carry case's and his GLOCK 26 in one. He can actually access the gun by just dropping his right hand and unsnapping the button while riding. Were there's a will there's a way.

texasmr2 wrote:

somedudefromhouston wrote:Bikes dont have consoles or gloveboxes, and the only way access a saddle bag is to stop and "exit"the vehicle.

My buddy who ride's a Harley has a touring package on it and on the front of both saddle bag's he has leather carry case's and his GLOCK 26 in one.

No kidding, lots of bikes have consoles and gloveboxes.

Any full dress touring bike like a Gold Wing has more nooks, crannies, and locking storage than a soccer mom's minivan.

KBCraig wrote:

texasmr2 wrote:

somedudefromhouston wrote:Bikes dont have consoles or gloveboxes, and the only way access a saddle bag is to stop and "exit"the vehicle.

My buddy who ride's a Harley has a touring package on it and on the front of both saddle bag's he has leather carry case's and his GLOCK 26 in one.

No kidding, lots of bikes have consoles and gloveboxes.

Any full dress touring bike like a Gold Wing has more nooks, crannies, and locking storage than a soccer mom's minivan.

I just meant to say that there are way's to conceal WHILE having full access without having to stop and dismount. I'm also no rookie to bike's if that was your implication but if I misunderstood your post I'm sorry.

texasmr2 wrote:I just meant to say that there are way's to conceal WHILE having full access without having to stop and dismount. I'm also no rookie to bike's if that was your implication but if I misunderstood your post I'm sorry.

Not at all, I was just piggybacking your response to somedudefromhouston, to add my own response.

So, just want confirmation if I understand this correctly. While driving, I can carry my firearm on me (in a holster) while driving in my vehicle. If I leave my vehicle, I must leave the gun concealed (for example, in the glove box, under the seat, etc), correct? I'm waiting for my CHL, and I want to start getting used to bringing my firearm with me during my waiting period, and I want to make sure that I am 100% legal in doing so.

BigBlueDodge wrote:So, just want confirmation if I understand this correctly. While driving, I can carry my firearm on me (in a holster) while driving in my vehicle. If I leave my vehicle, I must leave the gun concealed (for example, in the glove box, under the seat, etc), correct? I'm waiting for my CHL, and I want to start getting used to bringing my firearm with me during my waiting period, and I want to make sure that I am 100% legal in doing so.

There is no legal requirement for the handgun to be holstered, but please do. There is no legal requirement that the handgun be locked away while you are not in the vehicle. but it is a good idea.

some other conciderations:
Within 100 ft of a school you are technically in a gun free zone.
How vulnerable is your car to be broken into or stolen.
Are kids ridding in your car.