Fort Hood Soldier flees DPS going 200 mph on motorcycle, while illegally carrying gun

[E.Marquez]

http://www.kcentv.com/news/local/fort-h ... /356306396

The dumb stunt on the evasion notwithstanding.. Im trying to figure out the "illegal gun"
I will be interested if they charge him for mere possession without a LTC...as that would imply the DA does not believe motorcycle riders have the ability to carry a weapon in thier "vehicle" without a license. I suppose once he was off the bike and running.....that could be the basis of the charge, and if he had remained on the bike, no charge like that would have been made???

[C-dub]

Maybe it's a technicality? How does one get "in" a motorcycle?

[Jusme]

While committing a crime i.e. fleeing or evading arrest, reckless driving etc. Also since he abandoned his bike, and wasn't on property that he owned or had control of, the possession would then become illegal.

[RogueUSMC]

We tend to split hairs on this forum...lol

The gun isn't illegal...his CARRY, however, is UNLAWFUL...depending on license or lack thereof...

[E.Marquez]

Maybe it's a technicality? How does one get "in" a motorcycle?

That's actually part of my concern ...if the DA is of the opinion one can not carry a concealed weapon on a motorcycle under MPA...thats a problem and will need to be addressed.
This case however I can see (as have others) many ways the charge of illegally carrying a concealed weapon may have been charged having nothing to do with MPA issues.

[Jusme]

We tend to split hairs on this forum...lol

The gun isn't illegal...his CARRY, however, is UNLAWFUL...depending on license or lack thereof...

Well, a person on a motorcycle can still carry just like you can in a car, under the castle doctrine, however, if you were to flee from the police in your car, the act of committing a crime, would also carry the same penalty.

[ELB]

The MPA protection applies only if you are not doing anything more illegal than a Class C misdemeanor traffic offense. Driving 200 mph and fleeing the police probably exceeds "Class C misdemeanor," I would guess.

[ScottDLS]

http://www.kcentv.com/news/local/fort-h ... /356306396

The dumb stunt on the evasion notwithstanding.. Im trying to figure out the "illegal gun"
I will be interested if they charge him for mere possession without a LTC...as that would imply the DA does not believe motorcycle riders have the ability to carry a weapon in thier "vehicle" without a license. I suppose once he was off the bike and running.....that could be the basis of the charge, and if he had remained on the bike, no charge like that would have been made???

Since he was "evading" which is at least a class B misdemeanor, he can't carry under MPA, only with a license.

ETA: ELB Beat me to it.

[longhorn86]

http://www.kcentv.com/news/local/fort-h ... /356306396

The dumb stunt on the evasion notwithstanding.. Im trying to figure out the "illegal gun"
I will be interested if they charge him for mere possession without a LTC...as that would imply the DA does not believe motorcycle riders have the ability to carry a weapon in thier "vehicle" without a license. I suppose once he was off the bike and running.....that could be the basis of the charge, and if he had remained on the bike, no charge like that would have been made???

Since he was "evading" which is at least a class B misdemeanor, he can't carry under MPA, only with a license.

ETA: ELB Beat me to it.

Only up until the point when he is caught, then bye bye LTC

[uthornsfan]

More importantly that bike is not capable of going 200mph.

[The Wall]

It's amazing to me a soldier can carry a gun illegally anywhere. Should be required they carry at all times. Especially if in uniform. Just my opinion.

[rexmitchell]

I call bull on that guy going 200 mph+. There are some fast bikes out there but it is pretty hard to get over the 200 mph mark.

[JustSomeOldGuy]

More importantly that bike is not capable of going 200mph.

Average superbike/bulletbike only does up to 165+- (maybe they meant 200 KILOMETERS per hour?)
Average rider isn't capable of operating it at that speed for any distance
Average police car tops out at 130+-
But over a long chase they still caught him (And I didn't see any mention of a helicopter as part of the pursuit)

Somebody is exaggerating......

[Jusme]

More importantly that bike is not capable of going 200mph.

Average superbike/bulletbike only does up to 165+- (maybe they meant 200 KILOMETERS per hour?)
Average rider isn't capable of operating it at that speed for any distance
Average police car tops out at 130+-
But over a long chase they still caught him (And I didn't see any mention of a helicopter as part of the pursuit)

Somebody is exaggerating......

Yeah, the fastest any of my patrol cars would go was 157, brand new 92 Crown Vic. The only place we could test them was the local airport at night.
Any time the police are being outrun, the speed the BG was going, seems to increase dramatically.

[Pariah3j]

It's amazing to me a soldier can carry a gun illegally anywhere. Should be required they carry at all times. Especially if in uniform. Just my opinion.

My guess is it's due to the Posse Comitatus Act, is probably why this isn't a thing. Which basically prevents the military from performing policing and performing domestic duties/actions. Being given carte blanche to carry is more of a thing given to police/federal agencys.