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Thread: OC on a Motorcycle

  1. #1
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    Well this is my first post.. I have OC'd a few times - 44MAG

    Anyhow I wanted to know if anyone has any information on OC'n on a Motorcycle.. Can I just keep it on my waist as it is technically in plain view.. or do I have to trasport it like I was in a car.. in a case of some sort...

    anyhow hadn't see anything in the laws that clarified for me so I wanted to see what you all say..

  2. #2
    State Researcher Kevin Jensen's Avatar
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    Even in a car, it does NOT need to be securely encased. This is simply to avoid having it concealed. In a car or on a motorcycle, if you don't have a permit, keep it unloaded and in plain view. If you have a permit, none of this matters.

    Welcome to OCDO!

    76-10-502. When weapon deemed loaded.
    (1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
    (2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
    (3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.

    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

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    No permit here (don't plan on getting one call me paranoid if you must )

    I always wondered in the car as well I figure I can allways just slide it onto the dashboard HEHE

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    Welcome from Bountiful! What kind of bike do you have?

  5. #5
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    07 Honda Shadow Aero I love it.. just got back from riding it into salt lake.. I have to say I hate salt lake traffic (thank goodness I live in the sticks)

  6. #6
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    Welcome! nice to see more people.

    TooeleCheokee wrote:
    No permit here (don't plan on getting one call me paranoid if you must )
    If you dont want to get one thats ok you dont have to... but you'll have to avoid the 1000 feet from school proprieties, you'll have to weave in and out of the "school zone" areas or possibly face federal charges and this could be easy to spot if your on a bike.

    just something to think about.

  7. #7
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    Im ok with weaving if needed .. I don't OC often (well other than at home). and usually riding the bike is a longer trip freeways and back roads not too many schools

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    TooeleCheokee wrote:
    Im ok with weaving if needed .. I don't OC often (well other than at home). and usually riding the bike is a longer trip freeways and back roads not too many schools
    How do you know? Keep in mind that day care facilities count as schools. So if there's any day care or public or private school within two tenths of a mile from the road you're traveling, you're committing a federal crime.

    It's stupid, but it's the law.

  9. #9
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    swillden wrote:
    TooeleCheokee wrote:
    Im ok with weaving if needed .. I don't OC often (well other than at home). and usually riding the bike is a longer trip freeways and back roads not too many schools
    How do you know? Keep in mind that day care facilities count as schools. So if there's any day care or public or private school within two tenths of a mile from the road you're traveling, you're committing a federal crime.

    It's stupid, but it's the law.
    And how do they balance this federal crime with the "PEACEABLE STATUTE LAWS" that say if I am going from point A where I am legal to Point B where I am legal then I remain legal if I happen to pass through an area where it isn't legal....???

    JoeSparky
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  10. #10
    Regular Member LovesHisXD45's Avatar
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    JoeSparky wrote:
    swillden wrote:
    TooeleCheokee wrote:
    Im ok with weaving if needed .. I don't OC often (well other than at home). and usually riding the bike is a longer trip freeways and back roads not too many schools
    How do you know? Keep in mind that day care facilities count as schools. So if there's any day care or public or private school within two tenths of a mile from the road you're traveling, you're committing a federal crime.

    It's stupid, but it's the law.
    And how do they balance this federal crime with the "PEACEABLE STATUTE LAWS" that say if I am going from point A where I am legal to Point B where I am legal then I remain legal if I happen to pass through an area where it isn't legal....???

    JoeSparky
    Do you have a link to these laws so we can look at them?

    Kevin
    If it isn't broke, then don't fix it, or you'll fix it until it's broke.

  11. #11
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    JoeSparky wrote:
    swillden wrote:
    TooeleCheokee wrote:
    Im ok with weaving if needed .. I don't OC often (well other than at home). and usually riding the bike is a longer trip freeways and back roads not too many schools
    How do you know? Keep in mind that day care facilities count as schools. So if there's any day care or public or private school within two tenths of a mile from the road you're traveling, you're committing a federal crime.

    It's stupid, but it's the law.
    And how do they balance this federal crime with the "PEACEABLE STATUTE LAWS" that say if I am going from point A where I am legal to Point B where I am legal then I remain legal if I happen to pass through an area where it isn't legal....???

    JoeSparky
    You can do that, but you have to have the firearm securely encased during the interim. So, for instance, I'm traveling from Utah (where my gun is legal) to Vermont (where my gun is legal) and I happen to pass through Illinois. As long as the firearm is encased securely, you are alright.

    The Peaceable Statute Laws do not allow you to carry through illegal areas, they allow you to transport through these areas.

    IANAL, but that's what I understand.

  12. #12
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    GeneticsDave wrote:
    JoeSparky wrote:
    swillden wrote:
    TooeleCheokee wrote:
    Im ok with weaving if needed .. I don't OC often (well other than at home). and usually riding the bike is a longer trip freeways and back roads not too many schools
    How do you know? Keep in mind that day care facilities count as schools. So if there's any day care or public or private school within two tenths of a mile from the road you're traveling, you're committing a federal crime.

    It's stupid, but it's the law.
    And how do they balance this federal crime with the "PEACEABLE STATUTE LAWS" that say if I am going from point A where I am legal to Point B where I am legal then I remain legal if I happen to pass through an area where it isn't legal....???

    JoeSparky
    You can do that, but you have to have the firearm securely encased during the interim. So, for instance, I'm traveling from Utah (where my gun is legal) to Vermont (where my gun is legal) and I happen to pass through Illinois. As long as the firearm is encased securely, you are alright.

    The Peaceable Statute Laws do not allow you to carry through illegal areas, they allow you to transport through these areas.

    IANAL, but that's what I understand.
    yep, ABSOLUTELY
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
    Life Member GOA
    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  13. #13
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    GeneticsDave wrote:
    JoeSparky wrote:
    swillden wrote:
    TooeleCheokee wrote:
    Im ok with weaving if needed .. I don't OC often (well other than at home). and usually riding the bike is a longer trip freeways and back roads not too many schools
    How do you know? Keep in mind that day care facilities count as schools. So if there's any day care or public or private school within two tenths of a mile from the road you're traveling, you're committing a federal crime.

    It's stupid, but it's the law.
    And how do they balance this federal crime with the "PEACEABLE STATUTE LAWS" that say if I am going from point A where I am legal to Point B where I am legal then I remain legal if I happen to pass through an area where it isn't legal....???

    JoeSparky
    You can do that, but you have to have the firearm securely encased during the interim. So, for instance, I'm traveling from Utah (where my gun is legal) to Vermont (where my gun is legal) and I happen to pass through Illinois. As long as the firearm is encased securely, you are alright.
    "Encased securely" isn't enough. The law (USC Title 18 section 926A) says:

    during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle
    So in a car, you basically have to put it in the trunk, unloaded (really unloaded, not Utah unloaded). If your bike has some sort saddlebag, you should put it there. If not. it has to be in a locked container:

    in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    As Dave said, this allows you a way to transport your firearm where it would otherwise be illegal, but it does NOT allow you to carry it.

  14. #14
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    Yeah, sorry, I forgot to mention the completely unloaded part. Some people might go so far to say no ammo in the gun case at all, have that in a completely different bag. I guess it really depends on how communist the state is that you are travelling through.

    But yes, swillden is right.

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