Texas really needs to pass an open carry statute. I can't believe you guys are so afraid of the sight of a gun down there!
Without a conceal carry, does the same rule that apply's to having a handgun in your car also apply to a motor cycle?
Texas really needs to pass an open carry statute. I can't believe you guys are so afraid of the sight of a gun down there.
As soon as we can "make unemployed" certain of our legislators, we'll make that happenTexas really needs to pass an open carry statute. I can't believe you guys are so afraid of the sight of a gun down there!
The instructor is incorrect, but this is a common misconception. Penal Code 46.02(2)(a-1)(1) only prohibits carrying the handgun in plain view; it says nothing about the manner in which the handgun is concealed. Therefore, it is implicitly legal for the handgun to be concealed on the driver and/or owner's body. However, as I stated earlier, the problem occurs when one leaves the vehicle.I just called a local CCW instructor and he said that as long as the firearm is concealed on the motorcycle and not on the riders person it would be legal.
This is generally correct, although the "en route" clause is generally understood to mean that the driver or owner may legally carry between the vehicle and his or her residence.The down side to this is that once you arrive at your destination you must leave the firearm concealed on the motorcycle to remain legal.
carguychris said:The instructor is incorrect, but this is a common misconception. Penal Code 46.02(2)(a-1)(1) only prohibits carrying the handgun in plain view; it says nothing about the manner in which the handgun is concealed. Therefore, it is implicitly legal for the handgun to be concealed on the driver and/or owner's body. However, as I stated earlier, the problem occurs when one leaves the vehicle.
That's an excellent question. The statute does not directly address motor vehicles without enclosed passenger cabins, although IMHO someone riding a motorcycle should meet the intent of the statute.How can a person be "inside of" a motorcycle?
A farm tractor is legally considered a motor vehicle in TX, so unlicensed CCW is theoretically legal while operating one. Modern farm tractors are often available with an open seat or an enclosed climate-controlled cabin. Does this mean that unlicensed CCW is legal in an enclosed tractor but illegal in an otherwise identical open one? What if it has a roof but open sides- is the operator "inside"? Where is the line drawn?Sec. 541.201 VEHICLES. In this subtitle:
{subsections 1-3 omitted}
(4) "Farm tractor" means a motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry, including a plow or a mowing machine.