Motorcycle open carry?

[WarHawk-AVG]

Friday on the way home from work on 610 I saw a guy on an Ultraglide or Streetglide Harley

I didn't see any police lights, the gentlemen had a helmet (not a standard police helmet either it was a 3/4 with designs), white long sleeve shirt, black slack, and a pistol strapped to his left hip in the 4 o'clock position outside the belt carry, I didnt see all the other stuff a LEO would normally carry (cuffs, lights, spare mags)

Normally police bikes have rear and front lights that are the red/blue variety, I didn't get a good look at the front so I didn't see a HPD sticker, but the bike didn't look like a standard HPD bike cruiser.

I guess my question is, can you open carry like that on a bike? Or might I be mistaken and this gentlemen was a LEO but not in the "norm"

[boomerang]

Dressed like that, he might be a security guard.

[Kalrog]

Normal folks cannot open carry on a motorcycle. There are no special CHL provisions for motorcycle carry.

[seamusTX]

I guess my question is, can you open carry like that on a bike?

Anyone can. It's legal for several dozen categories of Texans -- peace officers, judges, DAs, travelers ...

- Jim

[frankie_the_yankee]

The guy was probably a cop. There's a cop around here that OC's pn his bike (not a PD bike).

[L8RG8R]

I guess my question is, can you open carry like that on a bike?

Anyone can. It's legal for several dozen categories of Texans -- peace officers, judges, DAs, travelers ...

- Jim

Traveling? Really? How does this work?

[seamusTX]

Traveling? Really? How does this work?

PC §46.15. NONAPPLICABILITY. (b) Section 46.02 does not apply to a person who:
(2) is traveling;

Section 46.02 makes it generally illegal to have a handgun other than on your property or in your car. If you are traveling, it does not apply to you. There's no requirement to conceal.

Good luck with that, though. You pretty much have to prove you are traveling, and there's no consistent standard.

- Jim

[agdude]

Gonna have to disagree with you, I don't think there is any special provisions to allow a "traveler" to open carry like that. I think the law actaully directly states that it MUST be concealed... but hey, I could be wrong.

[seamusTX]

Read the whole thing.

- Jim

[hi-power]

Our Assistant Chief rides a Harley. I spend one evening a week at the police department and I've seen him more often in street clothes than in uniform because it's after his normal work hours.

[agdude]

I have... re-read (i)(5)... I think open carry qualifies as "plain view"


(i) For purposes of Subsection (b)(3), a person is presumed
to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other
than a Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(3) not otherwise prohibited by law from possessing a
firearm;
(4) not a member of a criminal street gang, as defined
by Section 71.01; and
(5) not carrying a handgun in plain view.

Text of subsec. (i) as added by Acts 2005, 79th Leg., ch. 976, § 4

[seamusTX]

I have... re-read (i)(5)... I think open carry qualifies as "plain view"

That part of the law is obsolete. They haven't updated the web site yet.

The traveling exception has always (since the 19th century) been as stated above -- just traveling.

- Jim

[WarHawk-AVG]

I have... re-read (i)(5)... I think open carry qualifies as "plain view"

That part of the law is obsolete. They haven't updated the web site yet.

The traveling exception has always (since the 19th century) been as stated above -- just traveling.

- Jim

So you are saying after the 80th aka (Sept 1, 07 victory for goodguys) that open carry on a Motorcycle is legal if traveling?

I really really really want to know 100% valid or not

The reason I asked is this gentlemen DIDN'T look official, but that doesn't mean he wasn't...just my observation going 60MPH on the 610 destruction derby

[seamusTX]

So you are saying after the 80th aka (Sept 1, 07 victory for goodguys) that open carry on a Motorcycle is legal if traveling?

It has been legal since motorcyles were invented, and before that it was legal if you were walking or riding a horse.

I'm not saying it's a good idea. You might be aggressively stopped by the police, and you might be arrested and have to prove that you were traveling, but you will not find any requirement to conceal a handgun if you're traveling. (I'm talking about people who do not have a CHL here.)

BTW, when traveling you can also carry what would otherwise be an illegal knife or club.

The reason I asked is this gentlemen DIDN'T look official, but that doesn't mean he wasn't...

I would bet he had some position in law enforcement, and was riding his personal bike on his own time.

- Jim

[lrb111]

I have... re-read (i)(5)... I think open carry qualifies as "plain view"

That part of the law is obsolete. They haven't updated the web site yet.

The traveling exception has always (since the 19th century) been as stated above -- just traveling.

- Jim

Jim we went through teh renewal class last thursday. The lady from the legal dept specifically said that reading "illegal knife or club" into th explanation was a not the right thing to do. Since, the statute only refers to hand guns.
So, what I take away from that is DPS isn't going to back up any instructors that teach that.

On traveling, "it cannot be in plain view." that's another direct quote.
Just thought you should know.