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Thread: Combining Vehicle and Pedestrian Carry

  1. #1
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    Combining Vehicle and Pedestrian Carry

    All,

    I'm riding my Harley up to Montgomery on the 14th of Jun and have two scenarios I'd like help with...and I have a FL Permit:

    1. Officer stops me for a driving offense, but does not see the weapon. Once I've stepped OFF my motorcycle (or "outside" I suppose) to retrieve my documents, am I still obligated to give a CPL?

    2. Let's say there is a MWAG call or complaint while I'm ON my bike. Then later, while walking around, I'm approached as the "rider from the call". Would I then be required to provide a CPL?

    Essentially, I'd like clarification (or suggestions) for exactly what point I'm free of the vehicle requirement.

  2. #2
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    In short never, unless you walk everywhere.
    Don't believe any facts that I say! This is the internet and it is filled with lies and untruth. I invite you to look up for yourself the basic facts that my arguments might be based upon. This way we can have a discussion where logic and hints on where to find information are what is brought to the forum and people look up and verify facts for themselves.

  3. #3
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    Pistol license is required to carry a gun in a vehicle. There is no requirement to produce it on demand, but it can prevent one for being charged with crimes.
    It takes a village to raise an idiot.

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    Quote Originally Posted by Kirbinator View Post
    Pistol license is required to carry a gun in a vehicle. There is no requirement to produce it on demand, but it can prevent one for being charged with crimes.
    I was under the impression it was considered open carry to open carry on a motorcycle since one can't physical carry a firearm IN a motorcycle and the holstered firearm is open for all to see. I open carry while riding a bicycle and don't see the distinction between a bicycle or motorcycle.

  5. #5
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    AL is that a permit/license is required while concealed carrying or while in a vehicle (regardless of carry method). Riding a motorcycle would be considered in a vehicle.

    I'll 49er, Kimrbinator etc. provide the legal language.

    I'd recommend that you have your permit/license with you and be prepared to show it if asked by LEO's when you're riding.

    Good luck.

  6. #6
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    Quote Originally Posted by FTG-05 View Post
    AL is that a permit/license is required while concealed carrying or while in a vehicle (regardless of carry method). Riding a motorcycle would be considered in a vehicle.
    Can you cite a court decision, AG opinion or any other legal document to back this up? Just curious.

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    Quote Originally Posted by ALOC1911 View Post
    Can you cite a court decision, AG opinion or any other legal document to back this up? Just curious.
    Nope, but someone already has in this thread: http://alabamaopencarry.com/forum/index.php?topic=552.0

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    Quote Originally Posted by FTG-05 View Post
    AL is that a permit/license is required while concealed carrying or while in a vehicle (regardless of carry method). Riding a motorcycle would be considered in a vehicle.
    Are you a lawyer? How can one carry a firearm IN a motorcycle. Clearly a vehicle for the terms of concealed carry means a car or other inclosed means of transportation where a firearm would otherwise be concealed.

    Using your logic I would have problems open carrying on my bicycle since a bicycle is consider a 'vehicle.'

    32-5A-281. Definitions.

    As used in this article, the following words shall have the following meanings:

    (1) BICYCLE. A human-powered vehicle with two wheels in tandem design to transport by the act of pedaling one or more persons seated on one or more saddle seats on its frame. "Bicycle" includes, but is not limited to, a human- powered vehicle designed to transport by the act of pedaling which has more than two wheels when the vehicle is used on a public roadway, public bicycle path, or other public road or right-of-way, but does not include a tricycle.

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    Quote Originally Posted by Tony_B View Post
    Are you a lawyer? How can one carry a firearm IN a motorcycle. Clearly a vehicle for the terms of concealed carry means a car or other inclosed means of transportation where a firearm would otherwise be concealed.

    Using your logic I would have problems open carrying on my bicycle since a bicycle is consider a 'vehicle.'
    And that's the point - the legislature can call anytyhing whatever they want to, so long as they codify it. State's motor vehicle laws liat a bicycle as a vehicle, and state's carry laws say carry in any vehicle needs a permission slip, then you better have that permission slip when riding you bike in an armed condition.

    As for carrying "in" a motorcycle - it's the semantics. You do carry "on" a motorcycle, but since the law considers it a "vehicle" the accepted useage is to say/write "in a vehicle".

    Or of course you could takwe your positions into a courthouse and attempt to school the judge. Do let us know which are visiting days.

    stay safe.
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  10. #10
    Regular Member Brimstone Baritone's Avatar
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    Quote Originally Posted by Tony_B View Post
    Are you a lawyer? How can one carry a firearm IN a motorcycle. Clearly a vehicle for the terms of concealed carry means a car or other inclosed means of transportation where a firearm would otherwise be concealed.

    Using your logic I would have problems open carrying on my bicycle since a bicycle is consider a 'vehicle.'
    First of all, good on you for quoting the Motor Vehicle code to respond to a question about the Criminal Code. It highlights how something that should be plain has been made complicated by the legislature. The relevant definition for a vehicle as it relates to the Criminal Code is this:
    Quote Originally Posted by Section 13A-1-2
    Definitions.

    Unless different meanings are expressly specified in subsequent provisions of this title, the following terms shall have the following meanings:
    ...
    (15) VEHICLE. Any "propelled vehicle," as defined in subdivision (9) of Section 13A-8-1. The term includes any propelled device by which any person or property is transported on land, water, or in the air, and includes motor vehicles, motorcycles, motorboats, and aircraft, and any vessel, whether propelled by machinery or not.
    Quote Originally Posted by Section 13A-8-1
    Definitions generally.

    The following definitions are applicable in this article unless the context otherwise requires:
    ...
    (9) PROPELLED VEHICLE. Any propelled device in, upon, or by which any person or property is transported on land, water, or in the air, and such term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled by machinery, whether or not that machinery is the principal source of propulsion.
    So, much to your chagrin I'm sure, a motorcycle is explicitly called out as being a vehicle in the same Code that tells you that a permit is required to possess a pistol in a vehicle. Oh, and it looks like a regular old bicycle doesn't meet the definition because it isn't a propelled vehicle under the definition in the criminal code. If you have one of those motorized bicycles, however, you're in a gray area. I'd probably get a permit just in case.

    Also, I'd stay away from that "Are you a lawyer?" crap. That's skirting the edge of an ad hominem attack, especially considering there is no requirement to actually be a lawyer to discuss the law.
    There was a time that the pieces fit, but I watched them fall away, mildewed and smoldering, strangled by our coveting. I've done the math enough to know the dangers of our second guessing. Doomed to crumble, unless we grow and strengthen our communication. -Tool, "Schism"

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    In or ON.....

    Absolutely not trying to be sarcastic but I cannot get IN my motorcycle... I ride ON it. I cannot conceal as a manner in a four-wheel motor vehicle. Has anyone had an issue with open carry on a motorcycle?

  12. #12
    Regular Member Brimstone Baritone's Avatar
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    Not to be a jerk, but that's what this whole thread is about. I simply don't think it's wise to hang your whole legal defense on a preposition, especially when there is evidence to support the intention of the statute. But to each his own.

    Get a permit, or get a lawyer. Your choice.
    There was a time that the pieces fit, but I watched them fall away, mildewed and smoldering, strangled by our coveting. I've done the math enough to know the dangers of our second guessing. Doomed to crumble, unless we grow and strengthen our communication. -Tool, "Schism"

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