Scenario, question. Texas carry.

[jaytex1969]

Three of us riding motorcycles. Two have concealed permits.

Meeting friends at pool hall. Upon arrival, pool hall is posted "51%".

Motorcyclist with no carry permit has locking hard luggage on his bike. The other two bikes have no secure storage.

I propose securing weapons in locking luggage, but owner of bike is uncomfortable with it, feeling it would be illegal for him to have the weapons on his bike.

I believe he is covered under Texas travel law and legally able to secure the weapons. Am I missing anything?

Thanks.

-Jay

 

[Telekinesis]

Hard luggage should be treated the same as a trunk on car would, so I don't see a problem with them being with his bike. I'm not really up on TX law, so they might need to be unloaded, but I don't see any reason he couldn't have them in his luggage.

 

[JohnKSa]

You can carry concealed in your own vehicle in TX even without a permit under the most recent laws regarding vehicle carry.

I assume that being on a motorcycle qualifies as being in your own vehicle.

In other words, he should be able to legally carry concealed while riding his motorcycle. If he steps off his bike, since he has no permit, he would have to leave the gun in his vehicle. I see no reason why he couldn't put other guns in there too.

...they might need to be unloaded...

The TX penal code doesn't really speak to the difference between loaded and unloaded guns with only one exception*. If it's legal for you to possess it it's also legal for it to be loaded, and if it's not legal for you to possess it, you can't make it legal by unloading it.

There may be some laws relating to poaching that may distinguish between loaded and unloaded, but not in the penal code.

The exception has to do with guns illegally made accessible to children.

 

[baylorattorney]

Id say you cant stop anywhere on your motorcycle carrying without a chl. It is only legal from or to your home directly with no stops.

 

[shiftyer1]

Baylorattorney, I'd have to argue with you because that sounds like the old confused travel laws.

Jay....I read em just like you do. People are so unimformed and confused over what was, may have been somewhere, and what is currently law.

Last I checked a mc is a vehicle so concealed carry in a vehicle is legal. I've seen locked compartments that attach near the battery cover, not sure what they run.

Ain't seen u in a while hope things are goin good with u. Bikes in the shop......hope to be out of a cage soon!!!

 

[allaroundhunter]

Id say you cant stop anywhere on your motorcycle carrying without a chl. It is only legal from or to your home directly with no stops.

Negative. Anytime you are in your vehicle (or on your motorcycle) you may legally carry a handgun concealed on your person without a CHL. What you are referring to is when you are off the bike/not in your vehicle. In those circumstances, you may only carry concealed when you are directly en route from your vehicle to your residence or vice versa.

 

[baylorattorney]

I said I wouldn't stop anywhere, especially since I have yet to find a definition equating on a motorcycle with "inside a vehicle.". You can risk your freedom all you want, I simply wouldn't.

 

[Art Eatman]

baylorattorney, I follow your reasoning about the nitpickiness of the phrasing about "inside", but I'm dubious that "on" a motorcycle would be treated differently. That raises the question about one's riding in the bed of a pickup truck and carrying a non-CHL handgun.

But as for locking the firearms in the bike's lockable storage? How would that be illegal?

 

[X-Rap]

I would be more concerned about the transfer from my person to the box being noticed by some thief. I can't imagine that those hard boxes are very hard to defeat.

 

[jmorris]

I'd say you'll be OK.

However, when I travel out of State, call the State police in States I am going to enter. Find out exactly what is expected from me and store their phone number (with extension) in my cell phone. I started this with class III stuff but continue these days even with "regular" firearms.

 

[Byrd666]

The link below is the Texas penal code regarding weapons

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

 

[thedriver101]

In Texas, concealed carry within one's vehicle is legal without a permit (loaded or not). As others have stated, this should extended to the side saddles of a motorcycle (I don't believe the law requires it even be locked, just concealed). So the operative word is concealed, and your motorcycle's luggage would constitute concealed.

But as most things involving the law, you'd probably have to consult an attorney to get the most precise answer. However, I doubt anyone has seriously toed the line and had to question whether riding "on" a motorcylce constitutes being within a vehicle. So while I personally believe it is legal, baylorattorney's caution isn't completely without merit. The fundamental question here is whether a motorcycle's storage comparment constitutes "within a vehicle."

More importantly, though, others have also mentioned the lack of security of those locking boxes. Other's would be able to see you storing your things, I don't imagine them being difficult to defeat, and motorcycles are (relatively) easy to steal - carrying the guns along with it. Hope this helps.