TexasCHLforum.com

I've seen conflicting stories... anyone know the truth?

Can you carry in your tank bag without a CHL? Are there any specifics on how it must be "carried" if so?

What about on your body if riding? Like under your jacket, etc?

I plan on getting my CHL, but curious about the specifics above.

Thanks

Well I don't know if it is legal or not, but my lawyer, who does not have a CHL, carries his 5" Kimber in his saddlebag whenever he's road trippin' on his Harley.

Yes, for purposes of the law, when you ride a motorcycle, you are "in" a motor vehicle.

When legally carrying in a motor vehicle, it doesn't matter where it is located, as long as it is concealed. So, it can be on your person for easy access.

The problem with carrying it on your person without a CHL is that when you step out of the car headed to or from somewhere it is not legal for you to possess a handgun without a CHL, then you violate TPC §46.02. Yes, I know that the "directly enroute to" language doesn't mention anything about going to or from another location where it is legal (home, business, sporting activity, etc.) but that's implicit in the statute. It also doesn't state being "directly enroute from" your vehicle, but that too is implicit. The bottom line is legislative intent is to allow people to have handguns in their cars and to transport them directly between your home and business to your car.

If you step off of your bike during a traffic stop, or to go into a store, etc., then you open yourself up to trouble. If, while you are sitting on your bike, you remove the pistol from your body to store it in a saddle bag, it may become visible and you would then violate TPC §46.02 (A-1).

On-person carry while in a vehicle is legal, but it provides ample opportunity to violate TPC §46.02 unintentionally. Remember, "intentionally, knowingly or recklessly" is the required mental state (mens rea) for TPC §46.02 (and almost all of the Penal Code), so a lack of intentional conduct won't prevent being charged and convicted.

Chas.

Take off your bandana and wrap it around the gun, then place in saddle bag, to keep it concealed. Isn't it a requirement that you wear a bandana to look cool and stuff on a Harley?

Who rides a Harley? Certainlly not me!

MikeN wrote:Who rides a Harley? Certainlly not me!

You might be surprised. There are quite a few people who ride on this forum. Just because they right a Harley does not make them a bad person.

Wildscar wrote:

MikeN wrote:Who rides a Harley? Certainlly not me!

You might be surprised. There are quite a few people who ride on this forum. Just because they right a Harley does not make them a bad person.

hehe.. that wasn't what I meant by my message. Just saying *I* don't ride a Harley

Wildscar wrote:

MikeN wrote:Who rides a Harley? Certainlly not me!

You might be surprised. There are quite a few people who ride on this forum. Just because they right a Harley does not make them a bad person.

Too many Harleys are the motorcycle equivalent of or