Texas- Motorcycle/Bicycle Carry?

[SpaceFrank]

This question came up during a discussion with a friend the other day, and I didn't have the answer.

In Texas, it is perfectly legal to carry a loaded firearm in the passenger compartment of your car without a CHL, as long as it is out of sight, and it is not concealed on your person. This means you can keep it under the seat, in the console, in the glove box, etc. You can also carry the gun between your residence and the car, and presumably between your car and your destination, as long as it is a private establishment where you have permission to carry the gun.

What if you drive a motorcycle? If you have no CHL, can you carry the gun loaded in one of the saddlebags or other compartments built onto the bike? Can it be loaded?

What about a bicycle? In most places, bicycles are allowed on the street with cars, as long as they follow all the same traffic laws. If my bicycle had a closed compartment on it, could I carry a loaded gun in there? Aren't we supposed to be "going green" anyway?

Failing that, what if there was a shooting range just down the street and I didn't want to burn any gas? Could I carry the gun on my bicycle unloaded? What if my bike doesn't have any compartments on it? Could I carry it in a backpack, unloaded, with the ammo in a separate container?

Remember, this is all assuming you live in Texas and DON'T have any kind of license to carry. Also keep in mind that OC is not legal in Texas.

 

[dogtown tom]

SpaceFrank: In Texas, it is perfectly legal to carry a loaded firearm in the passenger compartment of your car without a CHL, as long as it is out of sight, and it is not concealed on your person.

Perfectly legal to have the firearm concealed on your person while inside a motor vehicle. See PC46.02 below.

What if you drive a motorcycle? If you have no CHL, can you carry the gun loaded in one of the saddlebags or other compartments built onto the bike? Can it be loaded?

A motorcycle is a motor vehicle. Per PC46.02 you can possess a firearm as long as it is not in plain view.

What about a bicycle? In most places, bicycles are allowed on the street with cars, as long as they follow all the same traffic laws. If my bicycle had a closed compartment on it, could I carry a loaded gun in there? Aren't we supposed to be "going green" anyway?

A bicycle is not a motor vehicle. PC46.02 doesn't cover bicycles.

Failing that, what if there was a shooting range just down the street and I didn't want to burn any gas? Could I carry the gun on my bicycle unloaded? What if my bike doesn't have any compartments on it? Could I carry it in a backpack, unloaded, with the ammo in a separate container?

See PC46.15(b) 2 & 3 below.

Concealed Handgun Statutes & Related Weapons Laws:
http://www.txdps.state.tx.us/InternetForms/Forms/CHL-16.pdf

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly carries
on or about his or her person a handgun, illegal knife, or club if the
person is not:
(1) on the person's own premises or premises under the person's
control; or
(2) inside of or directly en route to a motor vehicle that is owned
by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a
motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor
that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
71.01.
(a-2) For purposes of this section, "premises" includes real property
and a recreational vehicle that is being used as living quarters, regardless
of whether that use is temporary or permanent. In this subsection,
"recreational vehicle" means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary living
quarters and is designed to be towed by a motor vehicle. The term
includes a travel trailer, camping trailer, truck camper, motor home,
and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this
section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the
offense is committed on any premises licensed or issued a permit by
this state for the sale of alcoholic beverages.

PC §46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do
not apply to:
(portions deleted)

(b) Section 46.02 does not apply to a person who:(1) is in the actual discharge of official duties as a member of the
armed forces or state military forces as defined by Section 431.001,
Government Code, or as a guard employed by a penal institution;
(2) is traveling;
(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;