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Combining Vehicle and Pedestrian Carry

marinepilot81

Regular Member
Joined
Mar 6, 2008
Messages
108
Location
Florida Panhandle
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.
 

Tony_B

Regular Member
Joined
Jul 9, 2011
Messages
55
Location
The South
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.
 

FTG-05

Regular Member
Joined
Feb 28, 2011
Messages
441
Location
TN
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.
 

ALOC1911

Regular Member
Joined
Oct 7, 2011
Messages
70
Location
Troy, AL
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.
 

Tony_B

Regular Member
Joined
Jul 9, 2011
Messages
55
Location
The South
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.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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.
 

Brimstone Baritone

Regular Member
Joined
Mar 26, 2010
Messages
786
Location
Leeds, Alabama, USA
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:
Section 13A-1-2 said:
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.
Section 13A-8-1 said:
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.
 

Brimstone Baritone

Regular Member
Joined
Mar 26, 2010
Messages
786
Location
Leeds, Alabama, USA
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.
 
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