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Thread: Open Carry on a motorcycle.

  1. #1
    Regular Member Beau's Avatar
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    Open Carry on a motorcycle.

    So who does it?

    I open carry most everywhere but doing so on a motorcycle is bound to draw attention. Most people may not notice OC while walking through the store but bikes are attention getters. Also when on a bike the waist is really close to eye level making it more likely that OC will be noticed.


    I would have open carried the other day but my route of travel took me through Denver. Which leads me to my next question.


    Can one open carry through Denver while traveling on a motorcycle?


    Denver has the only enforceable city/county ban on open carry. To my knowledge this ban does not pertain to vehicles as Colorado law considers your vehicle to be an extension of your home. As such you can carry in your vehicle openly or concealed, with or without a permit.
    The definition of a vehicle is:


    ve·hi·cle
    noun
    1.
    any means in or by which someone travels or something is carried or conveyed; a means of conveyance or transport: a motor vehicle; space vehicles.
    2.
    a conveyance moving on wheels, runners, tracks, or the like, as a cart, sled, automobile, or tractor.


    So has anyone OC'd on a bike through Denver?
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    Lexis Nexis: Colorado law pertaining to firearms.
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  2. #2
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    Your motorcycle is an extension of your home, just like your car. As far as I know, It's legal to OC on a motorcycle through Denver, as long as you stay on the bike. I ain't no lawyer though! I would look at the CRS first. I have a bike too, I have not OC'ed while riding a motorcycle yet. I just finished rebuilding the motor and will be riding it for the first time when it warms up. I would think you will get grief from Denver's finest for OC'ing on your bike.

  3. #3
    Regular Member Beau's Avatar
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    Someone else brought up that if Denver pulled you over and ordered you off the bike then you would no longer be in/on a vehicle and therefore breaking the law. But the same would hold true if in a car/truck and asked to exit the vehicle while OC. Thoughts?
    Colorado Gun Owners - COGO
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    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

  4. #4
    Regular Member manveru's Avatar
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    personally i wouldn't do it, because i could see it causing some major pain if you go down, i'd just put it in a tank bag then strap it on when i got off.

  5. #5
    Regular Member JamesB's Avatar
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    I OC on my Ninja everyday. Even in and through Denver.

    I have actually been charged in regard to this, aproximately two years ago.
    It was thrown out of court by the judge.

    The definition that applies most closely in this case is "motor vehicle, or other private means of conveyance."

    You should look specifically at 18-12-105.6 "Limitation on local ordinances regarding firearms in private vehicles."

    If, even in Denver, you are ordered out (or off) of your vehicle, it is not a voluntary or planned movement. There is no intent. You cannot be found guilty even if the cop decides to charge it as he did in my case.

  6. #6
    Regular Member Beau's Avatar
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    Quote Originally Posted by manveru View Post
    personally i wouldn't do it, because i could see it causing some major pain if you go down, i'd just put it in a tank bag then strap it on when i got off.
    I don't understand. What do you mean major pain if I go down?

    Quote Originally Posted by JamesB View Post
    I OC on my Ninja everyday. Even in and through Denver.

    I have actually been charged in regard to this, aproximately two years ago.
    It was thrown out of court by the judge.

    The definition that applies most closely in this case is "motor vehicle, or other private means of conveyance."

    You should look specifically at 18-12-105.6 "Limitation on local ordinances regarding firearms in private vehicles."

    If, even in Denver, you are ordered out (or off) of your vehicle, it is not a voluntary or planned movement. There is no intent. You cannot be found guilty even if the cop decides to charge it as he did in my case.
    Thanks JamesB, this helps a lot. I will read through the statute you provided. Is there by chance any way to read through your case and the judges decision?
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

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    Regular Member JamesB's Avatar
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    Quote Originally Posted by Beau View Post
    I don't understand. What do you mean major pain if I go down?
    I'm thinking that we are talking here about the pain of having a gun jammed into places it wasn't ment to go because of the g-forces involved in laying down a bike. And of course the pain of watching your favorite firearm make sparks on the asphault while you both go tumbling together.


    Thanks JamesB, this helps a lot. I will read through the statute you provided. Is there by chance any way to read through your case and the judges decision?
    No, sorry. The good news there is the judge threw it out before it went to trial, so I don't think there is any written record. I'll try to see if there is anything there this week tho, but I would n't get my hopes up. Feel free to contact me personally if you would like more details that I can provide.

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    Quote Originally Posted by manveru View Post
    personally i wouldn't do it, because i could see it causing some major pain if you go down, i'd just put it in a tank bag then strap it on when i got off.
    Now how do you go from pistol in a tank bag, to your hand, then holster it in public without alarming people? I'd just keep mine holstered on my hip where its safe the whole time I'm riding.

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    I have OC'ed on my motorcycle before and have yet to have a problem. I have not however gone thru Denver but I think the law would protect you. I agree with everyone above about motorcycles falling under the "...private means of conveyance." If a Denver cop ordered you off your bike and tried to charge you I would think that would be a case of entrapment and you would not be brought up on charges. Like most people on here I am not a lawyer so you may want to check with your lawyer first, that is just my impression of the law.

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    Man it is a nice one today. I had been riding to and from work the last couple of weeks but decided to park the bike so far this week. Tomorrow is a different story and I am already planning on being on two wheels the rest of the week. As far as OC on a bike I have never done it. All I can say is if I go down OC'ing on my bike and I see my sig sliding down the road its going to be a REALLY bad day. I cant have a firearm at work so most of my time on the bike I cant carry anyway. I can see myself OC'ing on a ride up left hand canyon and stopping for a little target practice though.

  11. #11
    Regular Member manveru's Avatar
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    Quote Originally Posted by Keens View Post
    Now how do you go from pistol in a tank bag, to your hand, then holster it in public without alarming people? I'd just keep mine holstered on my hip where its safe the whole time I'm riding.
    paddle holster, kept in tank bag, you can either keep the gun holstered in it, or holster it before bringing it into plain sight.

  12. #12
    Regular Member MatieA's Avatar
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    I have OC'ed on my bike from Cheyenne, to Colorado Springs, did my visiting, and went back home with no incident. And I agree with leaving the sidearm on. Why the extra hassle of removing it to ride; I realize that it could be rather painful if I went down, but if I go down I don't want my sidearm flying down the road strapped to my bike, while I go another direction.
    Last edited by MatieA; 04-05-2012 at 10:26 PM.
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  13. #13
    Regular Member zach's Avatar
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    I mainly CC on my bike, just the nature of riding with a jacket on.


    I was in my cage one day and pulled up next to a guy on a goldwing who was OC'ing. Got his attention then told him nice job on the OC.

  14. #14
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  15. #15
    Regular Member PikesPeakMtnMan's Avatar
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    Quote Originally Posted by Half Live View Post
    That's definitely cool...but I think it's for show.

    This one, however....
    Click image for larger version. 

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    One day your life is going to flash before your eyes, make it worth watching.

  16. #16
    Regular Member Beau's Avatar
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    Is that yours PPMM?
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

  17. #17
    Regular Member PikesPeakMtnMan's Avatar
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    Quote Originally Posted by Beau View Post
    Is that yours PPMM?
    No, I carry a Bersa .45 as my daily carry gun....and unfortunately it's impossible to find specialty holsters for it.
    One day your life is going to flash before your eyes, make it worth watching.

  18. #18
    Regular Member Red Dawg's Avatar
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    I OC mine on a bike regularly. I don't worry about going down. I also don't worry about being car jacked, or struck by lightning. There is a chance of all kinds of Shizz happening, but you try and prepare, and don't let the what ifs in life get to you too much. JamesB rides year round OC, and he doesn't look like it bothers him too much either. If it really worries you, practice crashing weak side....
    The Second Amendment is in place
    in case the politicians ignore the others

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  19. #19
    Regular Member PikesPeakMtnMan's Avatar
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    I'm thinking that crashing a motorcycle is going to hurt, regardless of whether or not you land on your gun...
    One day your life is going to flash before your eyes, make it worth watching.

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