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Old 02-26-2009, 01:36 PM   #1
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Carrying while riding??? Help please.

Any officers on the forum like to comment on the legality of having a firearm in your backpack or a saddlebag/luggage box of a riden motorcycle?

House Bill 823 allows for the carrying of a firearm while someone is "traveling" even without a concealed permit. Does this extend to motorcycles?

This questions applies to people who do not have their carry permit and those who frequently "travel" on thier bikes.

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Old 02-26-2009, 01:58 PM   #2
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Good question. My friend is an leo but he couldn't give me a definitive answer on this
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Old 02-26-2009, 01:59 PM   #3
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okay then that brings up a second question....... if you dont own a car or a bike and you do you traveling via bus or even walking.... can you carry?
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Old 02-26-2009, 02:03 PM   #4
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Quote:
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Good question. My friend is an leo but he couldn't give me a definitive answer on this
There is NO definitive answer to the question.
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Old 02-26-2009, 02:15 PM   #5
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There is NO definitive answer
to traveling so there is no answer to any of it i asked a ft bend county sheriff he said its basically the officers decision you can beat the wrap but you cant beat the ride.

as long as you dont have it in plain sight and its legally registered to someone in vehicle then you are legal its the states job to prove you werent traveling not yours to prove you were and as there is now definitive answer to traveling its what they call case law
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Last edited by b18c1ej8; 02-26-2009 at 02:18 PM.
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Old 02-26-2009, 02:15 PM   #6
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There is NO definitive answer to the question.
Well that explains why he didn't have a definitive answer :P
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Old 02-26-2009, 02:31 PM   #7
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to traveling so there is no answer to any of it i asked a ft bend county sheriff he said its basically the officers decision you can beat the wrap but you cant beat the ride.

as long as you dont have it in plain sight and its legally registered to someone in vehicle then you are legal its the states job to prove you werent traveling not yours to prove you were and as there is now definitive answer to traveling its what they call case law

NO SUCH THING as legally registered in Texas for non C-3 weapons
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Old 02-26-2009, 02:36 PM   #8
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NO SUCH THING as legally registered in Texas for non C-3 weapons

his words not mine asked two nights ago maybe cop lingo confused in translation
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Old 02-26-2009, 02:40 PM   #9
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I was planning on "traveling" to my local shooting range with my new .45 today on the bike since it is nice out. Bottom line, should I take the car, or could I legally take it on the bike. I don't want to spend time in the pokey for some dumb mistake.

Lastly my thoughts are that if you notified the officer you had a weapon on the bike and could justify why you had it, he would use use his discretion even if that was not totally legit.
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Old 02-26-2009, 02:45 PM   #10
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Quote:
Originally Posted by rugbystar13 View Post
I was planning on "traveling" to my local shooting range with my new .45 today on the bike since it is nice out. Bottom line, should I take the car, or could I legally take it on the bike. I don't want to spend time in the pokey for some dumb mistake.

Lastly my thoughts are that if you notified the officer you had a weapon on the bike and could justify why you had it, he would use use his discretion even if that was not totally legit.

to and from places which you use a weapon are fine ie gun show, hunting, range

to be safe empty it and carry it under seat/tank bag/saddle bags
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Old 02-26-2009, 03:06 PM   #11
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<not a lawyer. blah, blah, blah>

"Readily accessible" is going to be the key here.

In a car, the new law extends the castle doctrine to protect you. You can keep a loaded. readily accessible weapon in the car with you anytime in Texas.

On a bike the issue will be is it on your person or carried on/in the bike. You cannot carry a weapon on your person that is ready to be used. Like others have said you may be able to get out of it eventually but if the cop wants to bust your they can.

If you chose to carry in your backpack. I would suggest you carry the weapon, totally unloaded (none in the chamber, none in the mag), in a locked case separate from the ammo. The point here is that you are now clearly simply transporting the weapon to/from the destination where you are legally entitled use it. Even if you are stopped, by doing this, you significantly reduce your chances of being hassled and I doubt a DA would bother to prosecute this anyway.
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Old 02-26-2009, 03:15 PM   #12
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I was pulled over recently. Cop asked if there was anything I should be concerned about in the car. I said, my 380, loaded, in the glove box. He gave it an inspection and took it away cause I had no receipt in the car to prove it was mine. Said bring receipt to station and gave me a receipt for it. No ticket, no snide remarks. Thanks Castle doctrine, which I quoted to him.

The new law leans towards giving all legal law abiding citizens the right to protect their castle, which the new law and interpretations in court mean can extend to protection of your personal property, your vehicle. Walking or bus is unclear since what are you protecting? I'd argue my wallet.
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Old 02-26-2009, 03:16 PM   #13
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Not a LEO blah blah blah

Officer Discretion.

If you carry it in your saddle bag, then it is still in/on your bike when the officer asks you to step off your bike. If it is in your backpack and you step off your bike, technically you are now violating the law.

Me personally - I won't carry one period until my CHL arrives.

edit - this almost exact question came up in the class I took as it relates to a car, so it is just what the instructor told us. You can carry it on your person while in your car and traveling. If you get pulled over and are asked to step out of the car, technically you are breaking the law.

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Old 02-26-2009, 03:23 PM   #14
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Quote:
Originally Posted by bioGuru View Post
<not a lawyer. blah, blah, blah>

"Readily accessible" is going to be the key here.

In a car, the new law extends the castle doctrine to protect you. You can keep a loaded. readily accessible weapon in the car with you anytime in Texas.

On a bike the issue will be is it on your person or carried on/in the bike. You cannot carry a weapon on your person that is ready to be used. Like others have said you may be able to get out of it eventually but if the cop wants to bust your they can.

If you chose to carry in your backpack. I would suggest you carry the weapon, totally unloaded (none in the chamber, none in the mag), in a locked case separate from the ammo. The point here is that you are now clearly simply transporting the weapon to/from the destination where you are legally entitled use it. Even if you are stopped, by doing this, you significantly reduce your chances of being hassled and I doubt a DA would bother to prosecute this anyway.
readily accessable means on or about your person,able to accessed without changing materially your location. ready to be used has absolultly nothing to do with it, there is nothing in the law that says jackshit about wether or not its loaded. if its in the underseat box(glove box) you cannot get to it unless you do 3 things and would not be carrying(as defined by the law) 1 stop the bike,2 get off the bike,3 remove the key from the ignition and use it to open the glove box, well fukk me that looks like 4 a motorcycle still qualifies as a motor vehicle, the law states motor vehicle not "car", "truck" "your mom" , so therefore it wouldn't qualify as unlawfully carrying a weapon, in your backpack probably falls under the same idea as the glove box, a holster in your fairing where you can grab it real fast would probably get you the ride to jail
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Old 02-26-2009, 03:27 PM   #15
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Quote:
Originally Posted by Shadman View Post
He gave it an inspection and took it away cause I had no receipt in the car to prove it was mine. Said bring receipt to station and gave me a receipt for it. No ticket, no snide remarks. Thanks Castle doctrine, which I quoted to him.
WTF!

He wanted you to PROVE with a receipt (on your person?) that the weapon was yours? That is BS of the first order! Try illegal seizure of personal property. YOU don't have to prove its yours. !&%@( I can't prove the $100 in my wallet is mine so he could take that too. Or my lunch? I don't carry a receipt for my lunch? what about my laptop? No receipt there either.

Time to file a complaint and go after that 's badge! He has no business being in law enforcement. Punks like that need to spend years in Huntsville for denying civil rights, defying the law and abusing power. Sorry if any LEOs are offended but that is WRONG, plain and simple.

The ONLY reason to take a disarm a citizen is if you feel the person poses an IMMEDIATE threat to themselves or to others.
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Old 02-26-2009, 03:29 PM   #16
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Quote:
Originally Posted by Shadman View Post
I was pulled over recently. Cop asked if there was anything I should be concerned about in the car. I said, my 380, loaded, in the glove box. He gave it an inspection and took it away cause I had no receipt in the car to prove it was mine. Said bring receipt to station and gave me a receipt for it. No ticket, no snide remarks. Thanks Castle doctrine, which I quoted to him.

The new law leans towards giving all legal law abiding citizens the right to protect their castle, which the new law and interpretations in court mean can extend to protection of your personal property, your vehicle. Walking or bus is unclear since what are you protecting? I'd argue my wallet.
he just fukked your castle doctrine, real simple. I don't know of anyone that has the purchase recipt for their weapon on them, so no one can "prove" that the gun in the car,holster is theirs. all he did was to circumvent the law by saying you can't prove you have a right to have the weapon so I'm taking it, he did it because no DA is going to take(so I've heard) unlawfull carry charges if your in your own car, and he wanted to make your life miserable for atleast a few hours trying to get it back
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Old 02-26-2009, 03:31 PM   #17
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Quote:
Originally Posted by JP171 View Post
in your backpack probably falls under the same idea as the glove box, a holster in your fairing where you can grab it real fast would probably get you the ride to jail
Again not a legal expert so IMO.

I actually would say the opposite - if its in a holster in your fairing you are clearly carrying it in the motor vehicle and not on your person. As pointed out by another poster - if you dismount and leave the bike the weapon stays with the vehicle. Whereas if you have it in your backpack then you dismount you now have the weapon on your person.

So to the OP - if you can carry it under your seat, in your saddlebags, etc. you are "probably" in the clear. But to be safe just take the car.
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Old 02-26-2009, 03:31 PM   #18
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Quote:
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WTF!

He wanted you to PROVE with a receipt (on your person?) that the weapon was yours? That is BS of the first order! Try illegal seizure of personal property. YOU don't have to prove its yours. !&%@( I can't prove the $100 in my wallet is mine so he could take that too. Or my lunch? I don't carry a receipt for my lunch? what about my laptop? No receipt there either.

Time to file a complaint and go after that 's badge! He has no business being in law enforcement. Punks like that need to spend years in Huntsville for denying civil rights, defying the law and abusing power. Sorry if any LEOs are offended but that is WRONG, plain and simple.

The ONLY reason to take a disarm a citizen is if you feel the person poses an IMMEDIATE threat to themselves or to others.
the law does allow this, and for futre reference the answer to that question is NO, do you have anything I need to know about in your police car?
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Old 02-26-2009, 03:35 PM   #19
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Quote:
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future reference the answer to that question is NO, do you have anything I need to know about in your police car?


Yep - its all nice and legal so nothing for him to worry about.
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Old 02-26-2009, 04:09 PM   #20
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Quote:
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WTF!

He wanted you to PROVE with a receipt (on your person?) that the weapon was yours? That is BS of the first order! Try illegal seizure of personal property. YOU don't have to prove its yours. !&%@( I can't prove the $100 in my wallet is mine so he could take that too. Or my lunch? I don't carry a receipt for my lunch? what about my laptop? No receipt there either.

Time to file a complaint and go after that 's badge! He has no business being in law enforcement. Punks like that need to spend years in Huntsville for denying civil rights, defying the law and abusing power. Sorry if any LEOs are offended but that is WRONG, plain and simple.

The ONLY reason to take a disarm a citizen is if you feel the person poses an IMMEDIATE threat to themselves or to others.
Adding you to my buddy list. You seem like a smart person.
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