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Thread: Car carry -> Motorcycle carry?

  1. #1
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    I currently open carry a full size Jericho 941. Now, I have no problem open carrying in a car, of course, but I'm curious of the laws here allow for OC on a motorcycle (as it's spring, it's warm, I ride, and I don't have my CCW yet).

    Anyone know?

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    Well, technically you can OC and CC in a car/private means of conveyance w/o a permit in Colorado:

    Compliments of RMGO.org:

    18-12-105. Unlawfully carrying a concealed weapon - unlawful possession of weapons.

    (2) It shall not be an offense if the defendant was:

    (b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling

    ALSO:

    18-12-204. Permit contents - validity - carrying requirements.

    (3) (a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed:

    (I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense

    That being said, you should be good to go on a motorcycle. As far as the law is concerned, only snowmobiles and public transportation have special carry/possession laws and/or restrictions.

    Does anyone have any other input to this?

    Welcome to the forums!!! Where in CO are ya?

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    I had thought that OC on a bike is just fine being as it is "a private means of conveyance," however it is a violation to have a concealed weapon "on about your person per 18-12-105From the CBI website on CRS (http://cbi.state.co.us/ccw/Statutes/18-12-105.asp) down towards to bottom of the page in the annotation section it states that a pistol tucked under the edge of the seat was considered "on or about" his person.

    I take this to mean that w/o a CHP it could be a very gray area as unless your bike has saddlebags your gun will be within easy reach.

    Nonetheless, welcome to the site

    What do you ride?

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    You can OC pretty much anywhere on/in anything in Colorado, with the exception of the city/county of Denver. So until you cross that border, you should be golden. However, that border is a real pain. I have a CC permit, so I can conceal if I have to, but I know that I have accidentally OD'd in Denver on more than one occasion. I would suggest that you memorize the street's in any area you might commonly be.

    Where about in CO are you, and what are you riding?

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    Am I mistaken, or while on your motorcycle/in your car is it not technically legal for your gun to be concealed.

    (2) It shall not be an offense if the defendant was:

    (b) A person in a private automobile or other private means of conveyance who carries a weapon for lawful protection of such person's or another's person or property while traveling; or

    and with that exemption listed in the law, how does the annotation at the bottom of the page matter at all. Or am I reading that the case was in 1976 and this law is significantly different from one where that case was tried.

    Pistol tucked under edge of car seat. Where uncontested evidence established that pistol was tucked under the edge of a car seat on which petitioner was sitting, where it was within his easy reach, these circumstances constitute carrying a "firearm concealed on or about his person". People in Interest of R.J.A., 38 Colo. App. 346, 556 P.2d 491 (1976).



    ^ That being said I've OC'ed on my motorcycle everywhere from Broomfield/Westminster to Highlands ranch (I avoid Denver county, including I-25) and not had an issue, including riding past numerous cops.

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    Cool! And thanks for the welcome - I'm in the Boulder/Louisville/Lafayette area, and generally carry here + Longmont + Arvada (yes, I risk arvada ) I ride a Harley Sportster right now (no bags, so no way to hide a firearm there).

    Looks like things might not be as clear as I thought - would that 1976 case be valid anymore, since CC laws have changed since then (and the pre-emption clause too)?

    http://cbi.state.co.us/ccw/Statutes/18-12-105.6.asp
    - As of 2003, Carry in car is preempted by that subsection. ??

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    I suppose I should clarify, I'm not positive, but I'm guessing that the (1976) at the end there was referencing the year, thats what it looks like from reading all of those. Which is why I'm guessing that it has no bearing at all on us now. I'm really not sure on my last post and was actually looking for clarification.

    Reading this legal stuff is enough to make me want to

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    Whatever court decisions occurred prior to 2003 are now irrelevant. Current statutes and the Meyer decision are now applicable. See the full text of Judge Meyer's decision at http://rmgo.org/alerts/2004-denverruling.htm

    18-12-105 and 18-12-204 (parts of which are quoted above by Evil Ernie) state that carrying a concealed weapon in or on a vehicle is legal without a permit and "shall not be considered concealed".

    You can therefore conceal itwhile on a motorcycle anywhere in Colorado, thus not conflicting with Denver's prohibition on open carry--of course you can't get off your bike in Denver and walk around without aCWP. Anywhere in Colorado other than Denver, open carry on or off the motorcycle is legal, so you could carry openly or concealed when riding and switch to open carry when you dismount.


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    lopoetve wrote:
    Cool! And thanks for the welcome - I'm in the Boulder/Louisville/Lafayette area, and generally carry here + Longmont + Arvada (yes, I risk arvada ) I ride a Harley Sportster right now (no bags, so no way to hide a firearm there).

    Looks like things might not be as clear as I thought - would that 1976 case be valid anymore, since CC laws have changed since then (and the pre-emption clause too)?

    http://cbi.state.co.us/ccw/Statutes/18-12-105.6.asp
    - As of 2003, Carry in car is preempted by that subsection. ??
    It is legal to open carry on a motorcycle except where expressly prohibited (Denver). It is also legal to conceal carry on a motorcycle anywhere in the state with or without a permit. If you do not have a permit, you cannot leave the immediate vicinity of the motorcycle with it concealed. When you exit the motorcycle you must OC. If in Denver, you must stow itwhen you get off the bike (and if seen stowing it, you could be accused of open carrying it, iffy, but possible, so I would not carry itin Denverunless you are simply passing through without stopping). I have OCed on my bike all over Colorado without any problem. The best bet is to get your permit.

    As for the 1976 case cited above and posted on the CBI website, that case was prior to the 2003 change in the law. The pertinent part of the law in the 1976 case is no longer valid, thus, the case no longer has merit.

    Ride safe,

    Doc

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    Thanks for the input, what you have said is what I thought I was reading. And I'm waiting on my CCW from Adams county, day 16 of at least 60 right now. I will still open carry after getting it though.

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    I'd never really thought about the implications of OC on my motorcycle.

    When I'm on the motorcycle and my handgun is under (and concealed by) my riding jacket - I'm legal even w/o a CCW permit. The same would be true w/o the jacket, but I don't ride without wearing it.

    Once I dismount, I can removed my jacket and then OC legally. This latter point I was already clear on - just not the transition from concealed on the bike to open off the bike and back to concealed when re-mounting.

    The only trouble I would find would be continueing to wear the jacket over the gun when off the bike in the absence of a CCW permit.

    All the above includes the usual caveats about the People's Republik of Denver.

  12. #12
    Regular Member Gunslinger's Avatar
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    You know, it's just so much easier with a CCW. OC is great, but having the CC permit means it's up to you, not the situation, how you go armed.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    RockyMtnScotsman wrote:
    I'd never really thought about the implications of OC on my motorcycle.

    When I'm on the motorcycle and my handgun is under (and concealed by) my riding jacket - I'm legal even w/o a CCW permit. The same would be true w/o the jacket, but I don't ride without wearing it.

    Once I dismount, I can removed my jacket and then OC legally. This latter point I was already clear on - just not the transition from concealed on the bike to open off the bike and back to concealed when re-mounting.

    The only trouble I would find would be continueing to wear the jacket over the gun when off the bike in the absence of a CCW permit.

    All the above includes the usual caveats about the People's Republik of Denver.
    what do you do with your jacket once you're off?

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    lopoetve wrote:
    RockyMtnScotsman wrote:
    I'd never really thought about the implications of OC on my motorcycle.

    When I'm on the motorcycle and my handgun is under (and concealed by) my riding jacket - I'm legal even w/o a CCW permit. The same would be true w/o the jacket, but I don't ride without wearing it.

    Once I dismount, I can removed my jacket and then OC legally. This latter point I was already clear on - just not the transition from concealed on the bike to open off the bike and back to concealed when re-mounting.

    The only trouble I would find would be continueing to wear the jacket over the gun when off the bike in the absence of a CCW permit.

    All the above includes the usual caveats about the People's Republik of Denver.
    what do you do with your jacket once you're off?
    It depends on how long I'll be off and where I am. Sometime I just lay it over the seat, sometimes I take it with me, sometimes I lock it to the bike.

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