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Thread: motorcycle open/concealed carry

  1. #1
    Regular Member nilla's Avatar
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    Question motorcycle open/concealed carry

    let me make some assimilates, and then i'll get to the point.

    so when you OC and get into your car, a pistol on your hip would be hidden from plain view by the center console or the door, but this is still considered OC because if you were to get out of your car, the pistol would no longer be concealed, but in plain view.

    now, what about on a motorcycle? a passenger on a touring bike would most likely have the same result because of the top box/backrest/armrests, and i'd like to think the same thought process applies.
    as soon as you get off the bike, the pistol is again in plain view.

    but here's where feel there is a divergence, and the application no longer fits to a motorcycle: motorcycle personal protective gear/rain gear.
    in order for a jacket to perform it's design function, it must be worn as intended, just as any piece of Personal Protective Equipment. on your torso, buttons buttoned, zippers zipped. not upside down, backwards or inside out.
    so are you supposed to bunch up the leather jacket/frogg-toggs™ above and around your hip holster and expose your waist/lower back to the elements/potential road-rash in the unfortunate event of an unplanned get-off? i contest that you are not. in the same respect, in order for a car's side air bags and seat belts to perform their design function, you are supposed to be properly seated and have the seat belt worn properly and buckled.

    my point; do you need a CHL to carry and ride a motorcycle with the proper PPE?

    one might counter with 'well, it is illegal to drive your car unless you are seated in the driver seat and wearing your seatbelt properly' so you do not have the option to openly carry wile legally driving, and that my leather motorcycle jacket/frogg-toggs™ is an optional piece of PPE that i am choosing to wear.
    i would rebut with a the Daimler-Chrysler Jeep that is often driven on and off-road with out doors (when the weather is nice) and since these doors are optional and just as necessary to provide for protection from the elements/injury in the unfortunate event of a roll-over that every one who has driven a vehicle with removable doors is guilty of carrying a concealed weapon if they do not have a CHL.

    one might counter with 'well, as soon as i get out of my car i am openly carrying, and your jacket is a piece of clothing'
    i would rebut that as soon as i put the kickstand down, i doff my helmet along with the rest of my PPE and am again openly carrying. my jacket is not a piece of lounge attire that i wear to leisurely and comfortably peruse the grocery aisles. it has a specific purpose and function, as does your car door and seatbelt.

    i feel like this is an up-hill argument but none-the-less; i'm open and welcome to discussion on this. either here on this forum, or at the courthouse steps tomorrow at 1000 am sharp as we turn ourselves in for carrying concealed without a CHL at the Linn county jail for holding until trial.

  2. #2
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    In Oregon if you are open carrying when you get into your car you are open carrying in your car. Same holds true for your motorcycle. The rest of your points are moot unless you plan to open carry on your head.

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    Regardless of what you do or how logical your argument seems, if they want to pin something on you they'll figure out a way. Either they'll claim you were CC without a CHL or were OC in an area that requires a CHL to carry a loaded firearm. Best bet is to get the CHL and then just not have to worry about it so you can keep the safety of your hide as your #1 concern.

  4. #4
    Regular Member nilla's Avatar
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    Quote Originally Posted by SteveM View Post
    Regardless of what you do or how logical your argument seems, if they want to pin something on you they'll figure out a way. Either they'll claim you were CC without a CHL or were OC in an area that requires a CHL to carry a loaded firearm. Best bet is to get the CHL and then just not have to worry about it so you can keep the safety of your hide as your #1 concern.
    well, i got the CHL in the other day so now this is a non-issue for me but, for the last month i was mulling this over and over.
    i don't think this thread is closed because carrying on your head is not the way to do it and i know there will be others waiting and there are some who choose not to obtain a CHL or CHP.

  5. #5
    Regular Member nilla's Avatar
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    Quote Originally Posted by nilla View Post
    i feel like this is an up-hill argument but none-the-less; i'm open and welcome to discussion on this. either here on this forum, or at the courthouse steps tomorrow at 1000 am sharp as we turn ourselves in for carrying concealed without a CHL at the Linn county jail for holding until trial.
    and since nobody else showed up, i guess we can talk about it on the forum rather than in a jail cell.

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