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Thread: Carrying while riding MotorCycle

  1. #1
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    My son will be going from Nevada trough Utah and into Colorodo. any Advice on how he should Carry it?



  2. #2
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    In CO he should be alright carrying however he wants as long as he is riding, assuming he CARRIES while riding, putting it in a saddlebag should create no problems whatsoever. CO doesn't honor NV CC permits but Colorado statute says that you can conceal while traveling, including motorcycles. Seems to me that if he's carrying concealed he's okay as long as he's actively riding, but as soon as he gets off the bike he will need to OC (which is legal and mostly accepted everywhere but the city and county of Denver and the typical no-carry areas...fed bldgs, schools, etc)

    18-12-105.6. Limitation on local ordinances regarding firearms in private vehicles. (1) The general assembly hereby finds that:
    (a) A person carrying a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of such person's or another's person or property, as permitted in sections 18-12-105 (2) (b) and 18-12-105.5 (3) (c), may tend to travel within a county, city and county, or municipal jurisdiction or in or through different county, city and county, and municipal jurisdictions, en route to the person's destination;
    (b) Inconsistent laws exist in local jurisdictions with regard to the circumstances under which weapons may be carried in automobiles and other private means of conveyance;
    (c) This inconsistency creates a confusing patchwork of laws that unfairly subjects a person who lawfully travels with a weapon to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction;
    (d) This inconsistency places citizens in the position of not knowing when they may be violating local laws while traveling within a jurisdiction or in, through, or between different jurisdictions, and therefore being unable to avoid committing a crime. (2) (a) Based on the findings specified in subsection (1) of this section, the general assembly concludes that the carrying of weapons in private automobiles or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction, is a matter of statewide concern and is not an offense.
    (b) Notwithstanding any other provision of law, no municipality, county, or city and county shall have the authority to enact or enforce any ordinance or resolution that would restrict a person's ability to travel with a weapon in a private automobile or other private means of conveyance for hunting or for lawful protection of a person's or another's person or property while traveling into, through, or within, a municipal, county, or city and county jurisdiction, regardless of the number of times the person stops in a jurisdiction.

    Source: L. 2000: Entire section added, p. 1009, § 2, effective August 2. L. 2003: Entire section amended, p. 651, § 1, effective March 18.
    emphasis added to the relevant sections

    and of course, i'm not a lawyer so this is not legal advice

  3. #3
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    Hey bgbdbld, welcome to OCDO! Stick around a while, great folks here. Hope to see more of you on the forum!



  4. #4
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    bgbdbld wrote:
    My son will be going from Nevada trough Utah and into Colorodo. any Advice on how he should Carry it?
    openly.

    :P

    What answer did you expect on OCDO?

    Just kidding... Welcome, and hope to see you stay around here. We like new members.

  5. #5
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    In Utah, if he has a CCW (from anywhere), he can carry it however he likes. Stay out of LDS churches, courthouses, federal buildings and secure areas. Anywhere else is fine, including schools. If he's just traveling through, none of those should be an issue, of course.

    If he doesn't have a CCW, he can't conceal but can OC unloaded, per Utah's definition of "unloaded", which is that the weapon must be at least two actions from firing and must not have a round in the "firing position". In the case of an autoloader, that basically means don't put one in the pipe. OC'ers hardly ever get hassled in Utah.

    In the car without a CCW, his weapon must be unloaded (per the definition above) and "securely encased". That just means some sort of closeable case, doesn't have to be locked and can be within easy reach. Either that or the weapon must be in plain view -- on the dash, in a gun rack on the back window, etc. -- and Utah-unloaded.

    One other consideration in Utah is National Parks. We have a bunch of 'em and they're spectacular. Well worth a visit. Until the feds get around to changing it, though (it's in progress!) carrying legally into a National Park means having to completely unload the weapon and lock it up in the trunk. Note that this applies only to National Parks and National Monuments operated by the Park Service. National Forests follow state law.

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