So here in Texas, we're allowed a hand gun in our home and in our "vehicles" without a license. I'll soon be getting my CHL but in the mean time, I was wondering the legality of me carrying while on my motorcycle. It's a vehicle so I'm OK there but most likely the gun will have to be in a jacket pocket; does that make it illegal concealed carry? Reading the statute doesn't really answer the question and asking friends who are cops or lawyers results in pretty vague answers; seems like the question hasn't actually come up in court for them yet to have a real answer. Any opinions or experiences out there?

Good question. By definition, a motorcycle is a vehicle in Texas, so it would fall under the same provisions as an automobile with respect to vehicular carry. The wacky part is that, once you step off your bike, you aren't "in" your vehicle anymore, so you'd need your CHL to be legal. As I try to tell everyone who asks, please be mindful of the 1000 ft. "Gun Free School Zone" act under federal law. Once you get your CHL, you are exempt (within Texas) from that statute, but you are not exempt until then, vehicular carry legality notwithstanding.

I hope it never happens to any one else but I know two people, one an attorney, fatally injured in motorcycle accidents. One was carrying on his person, one was carrying in his saddlebags.

After each accident, the guns were never found. Apparently both guns went sliding around on the pavement and some low lifes picked them up.

Of course, the same thing happened to a friend back in the early 70s while he was a police officer. He had an automobile accident in a marked car and was fatally injured. At some time after the accident but before the responders arrived, a person relieved him of his gun. I guess some just look for stuff to steal.

I could be wrong but....Living in Texas and being a CHL here this is my understanding of the vehicle carry law. You may carry in a vehicle, providing the handgun in not concealed on you.....in other words it must be in the vehicle not on you concealed...This is I believe what was taught at our CHL class and I have it in my notes....I would believe a motorcycle is a vehicle but the handgun would in my opinion have to be carried in some compartment of the motorcycle....in your jacket pocket would be ok if the jacket was say attached to the seat with a bungee cord or hung over the back of the seat, but the latter would probably cause it to blow off...not good, especially with a gun. I hope this helps...again its only my belief.

Good question-is on a motorcycle the same as in a vehicle.The law uses the words in and inside not on.It would be good to get a definitive answer,could save some major grief someday.

TX has an Attorney General. Send him a letter and ask how he thinks the law would be interpreted.

Just remember, what the Judge says it the final decision. What one Judge rules may not be the way another Judge sees it.

We have the same sort of deal here in Georgia. You do not need a permit to have a weapon at home, in your vehicle, or at your business. But, you do need one anywhere else. I don't think how you carry it in these places is specified, thus I think you could put it in your jacket pocket on your motorcycle, BUT, I'd guess that the moment you dismount, you'd be in trouble with it in your jacket pocket. Plus, you'll probably need some type of lockable container on your motorcycle as you can't just walk away from the bike with it in your jacket (unless on your property). so, if you go anywhere and stop, you'd have to have a lockable storage that you can store it in before dismounting. (This is all my non-lawyer interpretation, don't depend on my analysis).

Another thing I'd like to know is; what does the law say if you actually got in a shootout? Whether on your motorcycle or in a car, it might be prudent to take cover outside/behind the vehicle. At that moment, you'd be, at least technically, not covered by the law? I don't know the answer to this, anyone know?

I went ahead and got my permit, so I don't have to worry about any of this stuff, but I'd still love to know the answers, especially what the law does if you leave your vehicle to take cover and return fire?

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"... shall not be infringed."

Not correct. For non-licensed vehicular carry, the handgun must be concealed, and you can't be violating any other law (like DWI) or be a member of a street gang, but "carry is carry," on your person or in reach anywhere else is "carry," and vehicular carry on person is legal in Texas. (I would not be surprised if a Texas Instructor taught otherwise, unfortunately; I spend a fair amount of time in my CHL renewal classes undoing the mistakes of other instructors.) HOWEVER, if a non-licensee is inside a 1000 foot "gun free school zone," he is in violation of that law unless the gun is unloaded and in a locked compartment or container. Licensees are exempt. Under Texas law, a motorcycle is a vehicle, period. No need for an AG opinion; that statute is clear and unambiguous.

Also, FYI, an individual cannot get an Attorney General's opinion in Texas. Only certain governmental bodies and other entities can get such opinions.

In Texas a motorcycle is the same as a car "You can carry it concealed" either on your person or saddlebag. The problem is if you have it cancealed on your person while on a motorcycle and you park and get off your bike your breaking the law. Like my CHL instructor said it's just plain better to get your CHL then you won't have to worry about this.