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Riding a Motorcycle and OC'ing

carcrazycorey1

Regular Member
Joined
Nov 24, 2012
Messages
15
Location
Gainesville, Florida
I've done a little research and I've been trying to figure out the legalities of open carrying while on a motorcycle.

If I am going to the range, to my hunting camp, or going fishing, I can do this correct?
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
I've done a little research and I've been trying to figure out the legalities of open carrying while on a motorcycle.

If I am going to the range, to my hunting camp, or going fishing, I can do this correct?

Motorcycle has nothing to do with it.

To answer the question: May I open carry while going to the range, to my hunting camp, or going fishing?

The answer is Yes.


See this recent thread: http://forum.opencarry.org/forums/showthread.php?107949-Florida-Bank-Carry
 

carcrazycorey1

Regular Member
Joined
Nov 24, 2012
Messages
15
Location
Gainesville, Florida
Motorcycle has nothing to do with it.

To answer the question: May I open carry while going to the range, to my hunting camp, or going fishing?

The answer is Yes.


See this recent thread: http://forum.opencarry.org/forums/showthread.php?107949-Florida-Bank-Carry

Thanks man, I was trying to find the section of statues that states it but couldn't.

Also, I am 18 years old and my father purchased me a revolver as an early christmas present. All he has to do is give it to me, correct? It was purchased at a FFL dealer and all the paperwork was done under him obviously, but I just want to make sure there is no paperwork or anything needing to be done in order to give it to me. Same would apply if I decided to buy or sell to a private individual correct? Thanks for the response.
 
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ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
I've done a little research and I've been trying to figure out the legalities of open carrying while on a motorcycle.

If I am going to the range, to my hunting camp, or going fishing, I can do this correct?
Corey,

Woo-Hoo! A topic right up my alley!

I've been open carrying on a motorcycle for almost two full years now. I'm talking daily open carry and not just on some back roads to a secluded fishing spot.

I ride on one of the most highly traveled (and patrolled) sections of US41 on the west coast of Florida daily. Fort Myers to Tampa and points inland when checking out new fishing spots. 100 miles a day open carrying is not unusual at all.

As I do fish or shoot every day, I ride open carry, every day.

Yes, I have been "stopped" 3 or 4 times over this period, but EVERY stop resulted in me riding away, still open carrying.

Know the law. Have a copy of it on you, just in case (790.25(3)(h) and section (j) for the shooting range travel.

Open carry becomes quite comfortable once you've done it for awhile and it sure beats the heck out of stuffing a gun in your pants.

I ride in shorts, shirt and ball cap. If I'm on the interstates, I'll toss a helmet on just to keep the noise down. Obviously if it's colder out at night, regular pants and a shirt get worn until I actually need a jacket later in the night.

Hope this helps.

AD (open carry advocate and daily practitioner)
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
Thanks man, I was trying to find the section of statues that states it but couldn't.

Also, I am 18 years old and my father purchased me a revolver as an early christmas present. All he has to do is give it to me, correct? It was purchased at a FFL dealer and all the paperwork was done under him obviously, but I just want to make sure there is no paperwork or anything needing to be done in order to give it to me. Same would apply if I decided to buy or sell to a private individual correct? Thanks for the response.

All correct.

Here is a link to the applicable statute:
http://www.leg.state.fl.us/statutes...ing=&URL=0700-0799/0790/Sections/0790.25.html

Pertent parts:
790.25 Lawful ownership, possession, and use of firearms and other weapons.—
(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
. . .
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
. . .
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
(k) A person firing weapons in a safe and secure indoor range for testing and target practice;
. . .

790.053 is the statute that makes open carry generally unlawful.
 
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carcrazycorey1

Regular Member
Joined
Nov 24, 2012
Messages
15
Location
Gainesville, Florida
Corey,

Woo-Hoo! A topic right up my alley!

I've been open carrying on a motorcycle for almost two full years now. I'm talking daily open carry and not just on some back roads to a secluded fishing spot.

I ride on one of the most highly traveled (and patrolled) sections of US41 on the west coast of Florida daily. Fort Myers to Tampa and points inland when checking out new fishing spots. 100 miles a day open carrying is not unusual at all.

As I do fish or shoot every day, I ride open carry, every day.

Yes, I have been "stopped" 3 or 4 times over this period, but EVERY stop resulted in me riding away, still open carrying.

Know the law. Have a copy of it on you, just in case (790.25(3)(h) and section (j) for the shooting range travel.

Open carry becomes quite comfortable once you've done it for awhile and it sure beats the heck out of stuffing a gun in your pants.

I ride in shorts, shirt and ball cap. If I'm on the interstates, I'll toss a helmet on just to keep the noise down. Obviously if it's colder out at night, regular pants and a shirt get worn until I actually need a jacket later in the night.

Hope this helps.

AD (open carry advocate and daily practitioner)
You shoot or fish every day? :eek:
How do you manage to go fishing with you motorcycle though? Haha

Now I can't just open carry if I'm riding around, right? But I could put my gun in a tank bag if im not going to/from specified activities?

And as far as gear, I'm always fully geared up. Helmet, leather jacket, pants, gloves, boots.

I appreciate all the help fellas.
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
You shoot or fish every day? :eek:
How do you manage to go fishing with you motorcycle though? Haha

Now I can't just open carry if I'm riding around, right? But I could put my gun in a tank bag if im not going to/from specified activities?

And as far as gear, I'm always fully geared up. Helmet, leather jacket, pants, gloves, boots.

I appreciate all the help fellas.

Now I can't just open carry if I'm riding around, right?
Correct.

But I could put my gun in a tank bag if im not going to/from specified activities?
No, that would be a Felony. (Maybe. See below)
The portion of the law I did not post covers that:
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;
Securely encased is defined in 790.001
(17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

And another section of the statute:
(5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.
Readily accessible for immediate use is also defined in 790.001:
(16) “Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

Here is a court ruling where an unlicensed individual had a firearm concealed in a fanny pack while riding:
the private conveyance exception of section 790.25(5), by its express terms, applies only to the carrying of a concealed weapon "within the interior of a private conveyance." We interpret this language to require a person carrying a concealed weapon without a permit, while riding a motorcycle, to keep the concealed weapon securely encased and in an interior compartment of the motorcycle.

Important to note that they did not indicate whether saddle bags would be considered "within the interior of a private conveyance."


Based on the specific wording of the law, if somehow your firearm is discovered and depending of the circumstances and the knowledge of the LEO, you would likely be taking a ride downtown. Then your lawyer (if he's good) can explain the law to the State's Attorney and get the charges dropped. Maybe.
 
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carcrazycorey1

Regular Member
Joined
Nov 24, 2012
Messages
15
Location
Gainesville, Florida
Correct.


No, that would be a Felony. (Maybe. See below)
The portion of the law I did not post covers that:

Securely encased is defined in 790.001


And another section of the statute:

Readily accessible for immediate use is also defined in 790.001:


Here is a court ruling where an unlicensed individual had a firearm concealed in a fanny pack while riding:


Important to note that they did not indicate whether saddle bags would be considered "within the interior of a private conveyance."


Based on the specific wording of the law, if somehow your firearm is discovered and depending of the circumstances and the knowledge of the LEO, you would likely be taking a ride downtown. Then your lawyer (if he's good) can explain the law to the State's Attorney and get the charges dropped. Maybe.
very helpful information, thank you!
 

Beantownfan321

Regular Member
Joined
Nov 24, 2012
Messages
39
Location
Space Coast FL
I believe that a saddle bag, or another type of bag attached to the motorcycle and not your person, can be constituted as securely encased.

The problem becomes when you strap that bag to yourself.

Florida SS 790.251 says that a vehicle includes a motorcycle, so you'd be legal to carry a firearm in a saddle bag, or something similar, that is securely encased.

I'm assuming a "tank bag" is a bag that is strapped to the tank of your motorcycle, correct?

That, while being securely encased, it may be too close to you as to fall under ease of access. If it's basically a holster strapped to the tank, it's not a good idea. If it's got a zipper or something that you must open to retrieve your weapon, you're good.

And no, A police officer most likely isn't going to arrest you for having a gun in a tank bag if it's enclosed in a zipper. It's going to take you some time to unzip the bag and retrieve your weapon.

Here's a link to the entire FL SS 709

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html

I'd suggest you read it, and read it often.

(I'm not a lawyer, and my opinions are mine and mine alone. )
 

carcrazycorey1

Regular Member
Joined
Nov 24, 2012
Messages
15
Location
Gainesville, Florida
I believe that a saddle bag, or another type of bag attached to the motorcycle and not your person, can be constituted as securely encased.

The problem becomes when you strap that bag to yourself.

Florida SS 790.251 says that a vehicle includes a motorcycle, so you'd be legal to carry a firearm in a saddle bag, or something similar, that is securely encased.

I'm assuming a "tank bag" is a bag that is strapped to the tank of your motorcycle, correct?

That, while being securely encased, it may be too close to you as to fall under ease of access. If it's basically a holster strapped to the tank, it's not a good idea. If it's got a zipper or something that you must open to retrieve your weapon, you're good.

And no, A police officer most likely isn't going to arrest you for having a gun in a tank bag if it's enclosed in a zipper. It's going to take you some time to unzip the bag and retrieve your weapon.

Here's a link to the entire FL SS 709

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790.html

I'd suggest you read it, and read it often.

(I'm not a lawyer, and my opinions are mine and mine alone. )

thanks for the reply, and a tank bag is a zippered bag that is attached to my tank, not a holster. If I were to put my gun in there, it would be in my snap holster and zippered in the tank bag, making it legal correct?
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
thanks for the reply, and a tank bag is a zippered bag that is attached to my tank, not a holster. If I were to put my gun in there, it would be in my snap holster and zippered in the tank bag, making it legal correct?

No one can answer that. See the quote from the court case I posted above:
the private conveyance exception of section 790.25(5), by its express terms, applies only to the carrying of a concealed weapon "within the interior of a private conveyance." We interpret this language to require a person carrying a concealed weapon without a permit, while riding a motorcycle, to keep the concealed weapon securely encased and in an interior compartment of the motorcycle.

Is the cop and/or SA going to think that a tank bag is an interior compartment? Are you willing to take the chance? Only you can answer this.
 

notalawyer

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Jun 19, 2012
Messages
1,061
Location
Florida
Good points, so really, open carrying seems to be the most legal then.

Well, you could say it's less illegal, :lol:
Unlawful Open Carry is a Misdemeanor. Unlawful Concealed Carry is a Felony.

Just to clarify...when at one of the locations (or going to or from) or one of the activities specified in 790.25(3) you* may lawfully carry openly or concealed in the following situations (plus a couple more):
Going to range? Open carry on foot, in car, or on motorcycle. Perfectly legal. Concealed carry on foot, in car, on motorcycle. Perfectly legal.
Going hunting, fishing or camping? Open carry on foot, in car, or on motorcycle. Perfectly legal. Concealed carry on foot, in car, on motorcycle. Perfectly legal.
This applies to handguns and long guns.
Basically carry any gun any way you want.


Going to work or grocery shopping, etc? This is where it gets somewhat more complicated see 790.25(5):
Open Carry on person is illegal.
Openly displayed pistol in car or on motorcycle is illegal.
Concealed carry on person is illegal.
Concealed firearm in a bag/pack attached to your body is illegal.
Concealed pistol that is securely encased within the interior of a private conveyance is legal.
Long gun carry within the interior of a car is legal. (Concealed, openly displayed, on the seat next to you, in your lap, etc. All perfectly legal.) Now we again have to discuss the 'interior' of a motorcycle. Strapping a rifle on your handle bars is illegal. Putting a rifle in a case (concealing it) then strapping the case to your handlebars (or tank or saddlebags) is illegal. To be legal you would have to get the long gun into an interior compartment of the motorcycle. Not sure if that's possible.

You = 18 year old without a CWFL, not otherwise prohibited by State or Federal law from possessing firearms.

“Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.


There are other nuances that I won't get into here, it will just confuse things. Like the Federal law prohibiting carry within 1,000 feet of school property for unlicensed folks. Other Federal restrictions such as VA buildings/parking lots, Post Office property, Army Corps of Engineers managed property, Federal court parking lots, etc.
Parking lots of prisons/jails and some schools in Florida are also a point of confusion/argument/lawsuit.
 
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ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
Concealed firearm in a bag/pack attached to your body is illegal.

Aha! There's the fly in the ointment I've been looking for!!

All along I was about to say that the tankbag (I do have one on my bike) should be considered like the glovebox of a car for all practical purposes but something was still lingering in the back of my mind and I couldn't put my finger on it.

Then you pointed out that the backpack concealed carry was illegal without a permit.

THAT's the point I was searching for. You are correct and I did know that, but just couldn't bring it up.

So, I'm now in the camp that says the tank bag is NOT a legal area to have a gun unless you have the appropriate permit/license.

Thanks.

AD (full time open carry advocate and practitioner)
 

carcrazycorey1

Regular Member
Joined
Nov 24, 2012
Messages
15
Location
Gainesville, Florida
Well, you could say it's less illegal, :lol:
Unlawful Open Carry is a Misdemeanor. Unlawful Concealed Carry is a Felony.

Just to clarify...when at one of the locations (or going to or from) or one of the activities specified in 790.25(3) you* may lawfully carry openly or concealed in the following situations (plus a couple more):
Going to range? Open carry on foot, in car, or on motorcycle. Perfectly legal. Concealed carry on foot, in car, on motorcycle. Perfectly legal.
Going hunting, fishing or camping? Open carry on foot, in car, or on motorcycle. Perfectly legal. Concealed carry on foot, in car, on motorcycle. Perfectly legal.
This applies to handguns and long guns.
Basically carry any gun any way you want.


Going to work or grocery shopping, etc? This is where it gets somewhat more complicated see 790.25(5):
Open Carry on person is illegal.
Openly displayed pistol in car or on motorcycle is illegal.
Concealed carry on person is illegal.
Concealed firearm in a bag/pack attached to your body is illegal.
Concealed pistol that is securely encased within the interior of a private conveyance is legal.
Long gun carry within the interior of a car is legal. (Concealed, openly displayed, on the seat next to you, in your lap, etc. All perfectly legal.) Now we again have to discuss the 'interior' of a motorcycle. Strapping a rifle on your handle bars is illegal. Putting a rifle in a case (concealing it) then strapping the case to your handlebars (or tank or saddlebags) is illegal. To be legal you would have to get the long gun into an interior compartment of the motorcycle. Not sure if that's possible.

You = 18 year old without a CWFL, not otherwise prohibited by State or Federal law from possessing firearms.




There are other nuances that I won't get into here, it will just confuse things. Like the Federal law prohibiting carry within 1,000 feet of school property for unlicensed folks. Other Federal restrictions such as VA buildings/parking lots, Post Office property, Army Corps of Engineers managed property, Federal court parking lots, etc.
Parking lots of prisons/jails and some schools in Florida are also a point of confusion/argument/lawsuit.
THAT was the clarity I was looking for THANK YOU!

Aha! There's the fly in the ointment I've been looking for!!

All along I was about to say that the tankbag (I do have one on my bike) should be considered like the glovebox of a car for all practical purposes but something was still lingering in the back of my mind and I couldn't put my finger on it.

Then you pointed out that the backpack concealed carry was illegal without a permit.

THAT's the point I was searching for. You are correct and I did know that, but just couldn't bring it up.

So, I'm now in the camp that says the tank bag is NOT a legal area to have a gun unless you have the appropriate permit/license.

Thanks.

AD (full time open carry advocate and practitioner)

I would have thought a tank bag would have been fine as well.

As an update, I OC'd to the range for the first time wednesday, I was nervous as hell, and passed a few officers on the way to the range (20 minute ride) Didn't get stopped, and had a copy of the laws with me. I will however, most likely not do it again during the day. The reason why I say this is because I live in the middle of Gainesville, centered around UF. As a student, I live in an apartment and I'm not allowed to have firearms here (theres a total of nine guns here) and when I was leaving the apartment complex I noticed a few people that were walking noticed my big .357 holstered on my side. Someone telling the office and me getting kicked out is the last thing I want. Also, being in a bigger town full of college students it may not be the best idea to ride around with a gun.

Now when I'm back home over break, its a lot more rural and I would be much more comfortable OC'ing.

Also, it says in the statues that I can OC while going to/from the target range. Does that mean directly there? What if I needed to stop and get some ammo at walmart or targets or get gas, etc?
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
THAT was the clarity I was looking for THANK YOU!



I would have thought a tank bag would have been fine as well.

As an update, I OC'd to the range for the first time wednesday, I was nervous as hell, and passed a few officers on the way to the range (20 minute ride) Didn't get stopped, and had a copy of the laws with me. I will however, most likely not do it again during the day. The reason why I say this is because I live in the middle of Gainesville, centered around UF. As a student, I live in an apartment and I'm not allowed to have firearms here (theres a total of nine guns here) and when I was leaving the apartment complex I noticed a few people that were walking noticed my big .357 holstered on my side. Someone telling the office and me getting kicked out is the last thing I want. Also, being in a bigger town full of college students it may not be the best idea to ride around with a gun.

Now when I'm back home over break, its a lot more rural and I would be much more comfortable OC'ing.

Also, it says in the statues that I can OC while going to/from the target range. Does that mean directly there? What if I needed to stop and get some ammo at walmart or targets or get gas, etc?

I live in an apartment and I'm not allowed to have firearms here
Care to explain? I have serious doubts that an apartment complex can prevent you from having firearms in your apartment.
Also you can conceal it until you get far enough away from the complex to help prevent nosy neighbors from seeing it.

Does that mean directly there?
Most likely, although there are no appellate court cases to give us guidance.
What if I needed to stop and get some ammo at Walmart or targets or get gas, etc?
Well, then you are going to Walmart then aren't you? Not the range. You are going to the range after you leave Walmart.
 

carcrazycorey1

Regular Member
Joined
Nov 24, 2012
Messages
15
Location
Gainesville, Florida
Care to explain? I have serious doubts that an apartment complex can prevent you from having firearms in your apartment.
Also you can conceal it until you get far enough away from the complex to help prevent nosy neighbors from seeing it.

Most likely, although there are no appellate court cases to give us guidance.
Well, then you are going to Walmart then aren't you? Not the range. You are going to the range after you leave Walmart.

I see. and in the resident handbook it says firearms ammunition, bb guns, paintball guns, etc are all prohibited.
 

Rich7553

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Joined
Jan 15, 2010
Messages
515
Location
SWFL
I see. and in the resident handbook it says firearms ammunition, bb guns, paintball guns, etc are all prohibited.

It doesn't matter what your resident handbook says. It matters what your lease says. As far as I can see, that is the only legal binding contract.
 
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