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Motorcycle transport

Jason Nagy

New member
Joined
Sep 22, 2012
Messages
1
Location
Fife Lake, Michigan
I am a new member to OC, so far I have found it very informative. I havent exercised my right to openly carry yet, im doing my homework first, but I am looking forward to it. My question is, I ride a motorcycle, am I required to transport it in the same manner as you would in a car, or can I openly carry it because it is plainly visible. Im pretty sure I know the answer, but I am wondering if anyone has any experience with this.
 

Big Gay Al

Michigan Moderator
Joined
Aug 27, 2006
Messages
1,944
Location
Mason, Michigan, USA
This has been debated a lot. The problem is, the law says if you're carrying a pistol in a motor vehicle, you need to have a CPL, otherwise, it needs to be unloaded, and as unreachable as you can make it. (I'm paraphrasing.) I know, with motorcycle, you're ON a vehicle, not in it. To be honest, I don't know if this has been tried in court.

What you need to determine, do you have the money to be a test case? Short of somehow getting an AG opinion, that is what you'd risk by OCing on motorcycle without a CPL. This is part of the reason I have a CPL.
 

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
There have been multiple recent stops of guys OCing on a motorcycle. With the increased visibility and lack of knowledge on the issue by officers, you really should only open carry if you have a CPL. Transporting unloaded, in a locked case is wise.
 

backenj

Regular Member
Joined
Apr 8, 2012
Messages
82
Location
Muskegon,Mi
Since the case would be readily accessible to the rider...I'd recommend locked, but hey it's your lawyer bill.

Need a lawyer for what? 750.231a Exceptions to MCL 750.227(2); definitions...
(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.

(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.

In a gun case that is in a saddle bag is not readily accessible while ridding.
 

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
Need a lawyer for what? 750.231a Exceptions to MCL 750.227(2); definitions...
(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.

(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.

In a gun case that is in a saddle bag is not readily accessible while ridding.

Interesting...I did not see anywhere in that cite about "readily accessible WHILE RIDING/DRIVING". Like I said...it's your lawyer bill. Either way, I was just suggesting an extra layer of protection from an over zealous LEO/prosecutor. That's why I said "a locked case is wise"..I didn't say mandated by law.
 
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backenj

Regular Member
Joined
Apr 8, 2012
Messages
82
Location
Muskegon,Mi
Interesting...I did not see anywhere in that cite about "readily accessible WHILE RIDING/DRIVING". Like I said...it's your lawyer bill. Either way, I was just suggesting an extra layer of protection from an over zealous LEO/prosecutor. That's why I said "a locked case is wise"..I didn't say mandated by law.

Not saying you said it was a law, just saying it doesn't have to be locked. And if you are transporting it, then the vehicle must be moving. Can't transport with out the vehicle in motion.
 

scot623

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Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
Not saying you said it was a law, just saying it doesn't have to be locked. And if you are transporting it, then the vehicle must be moving. Can't transport with out the vehicle in motion.

I don't want to beat this thread to death, but since we're playing nice… So you're telling me no one ever stops there vehicle at a red light or a railroad crossing or a traffic jam? An occupant on the back of your bike(or the rider for that matter) can access a saddle bag?
 
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scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
Staying to the strict wording of the law, without a CPL it appears it is illegal to transport a firearm in a vehicle without trunk if you have a passenger(and the car cannot have fold down rear seats that grant access to the trunk to a passenger in the vehicle). Or for that matter a bike. Because the occupant of a car can easily reach under the seat and grab the firearm(illegal). Or the rider or passenger on a bike can easily reach into a saddlebag or backpack(illegal).
 
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DetroitBiker

Regular Member
Joined
Aug 22, 2009
Messages
318
Location
USA
I would HIGHLY recommend that the OP only open carry on a motorcycle with a CPL

and if you don't have a CPL,transport unloaded in a Locked case.

even if you have hardbags on the bike,put the handgun in a case.
 

Big Gay Al

Michigan Moderator
Joined
Aug 27, 2006
Messages
1,944
Location
Mason, Michigan, USA
The vehicle does not have to be moving .I was in a motorcycle accident in 07,my bike was pinned under a SUV and I was a few feet away lying on the ground when rescue and police arrived.

while the cop was running my plate he discovered I had a CPL and asked If I was carrying, I said no,my Glock is not on me,its in a holster with a towel wrapped around it in my hard saddlebag. He went off on me at that point saying that it didn't have to be ON me. If it was in reach ,I was in possession of it.

To make a long story short, He took my gun ,went through both my saddle bags,and Jammed me up pretty good. It was not a good experience.
after several calls to Brownstown Prosecuting attorney he did give me my Gun back. I will never forget the way that cop screamed obscenities at me
and treated me like Sh!t while I stood there bleeding all over Telegraph road. :mad:
Sounds to me like he owes you an apology.
 

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
Regarding locked or not: the more hoops you have to jump through to get to your gun if you don't have a CPL, the safer you will be.

YMMV, IANAL, I won't pay for your lawyer.
 

American Pride!

Regular Member
Joined
Jul 2, 2012
Messages
21
Location
Washington
This was the reason I first looked into my CPL. I was always freaking out everytime I would go ride to the range. I'd have my guns and ammo in my backpack.

I asked half a dozen cops and they all just said "get your CPL"

I don't know what it costs there, but my CPL was about $52 for 5 years. Just get it if you're legally allowed
 

griffin

Regular Member
Joined
Aug 16, 2011
Messages
871
Location
Okemos, MI
He went off on me at that point saying that it didn't have to be ON me. If it was in reach, I was in possession of it. To make a long story short, He took my gun ,went through both my saddle bags,and Jammed me up pretty good.

That's a messed up story. The saddle bags are your trunk. You could get to that about as easily as getting a firearm out of an automobile's trunk. I take it the prosecutor didn't prosecute you, but the cop wrote you up for failure to declare?
 
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