Riding bike with gun and no CHL- Texas

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Legal?
Is it the same as with a motor vehicle?

I am referring to a bicycle, not a motorcycle.
 
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Thanks Dogtown Tom! I just want to be able to transport the gun to the range, not for self defense. I like riding my bike. I'm waiting on plastic for my CHL. Looking at this passage, I should be good to go:
From 46.15:
"...is engaging in lawful hunting, fishing, or other sporting activity
on the immediate premises where the activity is conducted, or is en
route between the premises
and the actor's residence or motor
vehicle, if the weapon is a type commonly used in the activity;..."

Thoughts?
 
Texas, if i remember off hand, has an exemption in the law for people to carry handguns when going to/from/and while hunting, fishing, target shooting. I don't know the exact wording.....but I do know that you can carry the handgun loaded on your person when you go from your house to say your hunting area. Arkansas has a similar law for hunters and trappers....as long as the handgun is legal for the type hunting/trapping. The hunters and trappers DO NOT have to conceal. I don't think Texas requires concealment (though you'd be smart to in a populated area) when going to sporting type activity....the concealment is required only by those with a CHL and 'traveling' in a motor vehicle. Check first...I'm not from there...but I think you're legal on your bike going to the range...even with it loaded and in a holster....be sure and have a range bag...muffs...that sort of stuff...go directly to and from....no cruising around.
 
I don't know about Texas law, but one suggestion if you're doing rides to the range is a BOB trailer. You can stow your cased firearm in a tote on it, along with targets and ammo. Whether that would constitute a legal carry there, I don't know. But it's functionally the same as stowing in the trunk.
 
However something I have learned about the law is the law itself is rarely complete, because case law can make the law actually mean something even contrary to what it says in statute alone.
It can make it more detailed, apply or not apply in various situations not listed in statute, or even make the statute mean the opposite of what it appears to say in rare cases (have run across this in California when looking up laws and the case law that defines them.)
So you would need to also know relevant case law, along with any additional exemptions.




However Texas allows everyone to keep a loaded firearm with a motor vehicle.

It would appear to me this would include in the passenger compartment of the motorcycle, and especially within any portion of the vehicle. A saddlebag, or a tank bag, or anything else should be perfectly legal while riding.

It may even extend to the person's body, as a concealed firearm is legal within the passenger compartment of a vehicle in Texas.
But if it was, that protection would cease when you stepped off the bike. Meaning the transition from legal on the bike, to legal off the bike could be problematic if you chose to carry in such a manner, like when stopping at a gas station.
 
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Only Texas law is relevant. No more "elsewhere", please.

DUI issues are irrelevant, as well.

46.15 (9) b (2) speaks to "travelling". I haven't looked that up to see whether state law as written considers travel by bicycle to be travelling in the legal meaning of the word.
 
To clear up a few things about he laws in Texas:

If you want to ride your bike down the street with a long gun in plain sight, that is perfectly legal... but it will probably still earn a visit from the police to determine what you are up to.

If you want to drive your car around town with a long gun (loaded or unloaded) in the back window, that's perfectly legal... but will probably get your car broken into these days.

If you want to wear a loaded handgun in plain sight, you had better be on your own property or headed directly to or from hunting activities.. and the police won't believe you are going hunting if they stop you in the middle of town.

If you want to carry a loaded and concealed handgun you had best have a CHL or have it in a motor vehicle.

If you don't have a CHL and don't have a motor vehicle to drive around and you want to transport to the range, it should be unloaded and out of sight.

Now, I haven't been a lawman in Texas for a few years now, so the fine details may be a little different, but those guidelines should do to keep you out of trouble.
 
This situation was covered in a previous thread:

http://www.thehighroad.org/archive/index.php/t-374780.html



Under Texas law you are in or about a motor vehicle while you are riding a motorcycle.
This exempts you. Once you get off the bike you are no longer in or about a motor vehicle.
This makes it problematic in various situations, unless you are stepping off on private property, or to engage in some other exempted activity in the statute, or heading to your residence etc


The law changed significantly in 2007 when the "traveling" provision was completely overhauled.


Personally I would be leery to keep one on my person. However a loaded one concealed in a tank bag, holster tucked in or covered in the instrument panel, fairing, bag, etc would certainly be okay. Just make sure it it has some material covering it completely and is carried by the bike, not you.
 
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Problem is, he's riding a bicycle.

Oh, completely disregard what I said then.

I saw "bike" and thought motorcycle.

A bicycle is a not a motor vehicle.

I would transport it unloaded in a locked case.
 
Thanks for all of the great replies! Based on this, my plan will be to transport it unloaded, in a case, in a backpack. I'll ride straight there and back, no detours. I may go for a locked case as well.
 
The bicycling OP is g2g with his hogleg holstered openly on the way to the gun range (when I last looked "target shooting" was a legitimate sporting activity).

Will he be stopped? Most likely.

Will he be legal? Yes.

(b) Section 46.02 does not apply to a person who:
(3) is engaging in lawful hunting, fishing, or other sporting activity
on the immediate premises where the activity is conducted, or is en
route between the premises and the actor's residence or motor
vehicle, if the weapon is a type commonly used in the activity;

Enjoy your rights or lose them.
 
The bicycling OP is g2g with his hogleg holstered openly on the way to the gun range (when I last looked "target shooting" was a legitimate sporting activity).

If you are on your way to a competition, that's an easy argument to win. If you are just going to practice, it's much more room for contention.

Either way, it comes down to arguing the definition of "sporting activity" with a police officer who might not be very gun friendly... especially considering the number of northern transplants we have in some of the bigger departments. So, if your goal is to force a court to make a decision on what constitutes "sporting activities" wear it in the open on the way to the range... of course you just might not make it there. If your goal is to get to the range and get some practice, it's most prudent to pack it away.
 
the texas republican party wants to FINALLY get open carry to the floor this season, but until then, unloaded in a case in your backpack will be OK. Texas IS pretty gun friendly, but there are a lot of people down Austin way who aren't so keen on them, and somehow they manage to get elected.
 
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