Results 1 to 14 of 14

Thread: Carrying on a motorcycle?

  1. #1
    Regular Member
    Join Date
    Jul 2008
    Location
    , ,
    Posts
    5

    Post imported post

    A few questions...

    If I am Open carrying, gun in belt hoster, can I legally just get on my bike and ride it that way? Assuming the bike is just a narrow bike that doesn't cover the gun up at all?

    What about attaching the gun to the bike but in clear sight?

    Also under the normal transport code it says to transport it in a locked container, like the trunk but not the glove box, would the tail trunk of the bike (they lock) be a OK place even though it's used like the glove box of a car? (registration papers etc.)


    Finaly What about non-hand guns? rifles etc. can you open carry them?


    Thanks sorry for all the questions!

  2. #2
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    Gluge wrote:
    A few questions...

    If I am Open carrying, gun in belt hoster, can I legally just get on my bike and ride it that way? Assuming the bike is just a narrow bike that doesn't cover the gun up at all?
    As long as the gun isn't loaded, and you don't enter a "prohibited zone" i.e. School Zone, or the block around the Capitol as defined in the PC you should be legal.

    Gluge wrote:
    What about attaching the gun to the bike but in clear sight?
    That would be just like laying your gun on the passenger seat. As long as it is in plain sight it is not concealed.

    Gluge wrote:
    Also under the normal transport code it says to transport it in a locked container, like the trunk but not the glove box, would the tail trunk of the bike (they lock) be a OK place even though it's used like the glove box of a car? (registration papers etc.)
    As a biker, I believe that my locking hard saddlebags would fall into the category of a trunk. As far as what the Police would consider it, I am not sure. To be absolutely sure that you don't get arrested due to an LEO interpreting your trunk as a utility container, you may want to get a "Center of Mass" gun safe and then lock that in your tail trunk.

    Gluge wrote:
    Finally What about non-hand guns? rifles etc. can you open carry them?
    Yes, but again you must heed all the "prohibited areas" and keep the gun unloaded.

  3. #3
    Regular Member
    Join Date
    Jul 2008
    Location
    , ,
    Posts
    5

    Post imported post

    Great thanks a lot for your answers!

    I didn't realize you could carry a gun openly in a car, I thought the law ment any gun had to be locked in something.

    What are the specifics as far as a gun being carried openly in a car? sitting on the passenger seat is ok? What if you just leave it in your belt holster when you get in your car?

    Also have you ever open carried riding your motorcycle? think it's dangerous as far as California drivers / police pulling you over at gun point because of it?


    Thanks a lot!

  4. #4
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    Gluge wrote:
    I didn't realize you could carry a gun openly in a car, I thought the law ment any gun had to be locked in something.
    The Law you reference is CA PC 12026.1 and it is an exception statute not a requirement statute. What that means is that if you follow 12026.1 they can't charge you with a 12025 violation for carrying a concealed weapon.


    Gluge wrote:
    What are the specifics as far as a gun being carried openly in a car? sitting on the passenger seat is ok? What if you just leave it in your belt holster when you get in your car?
    However, 12025(f) states that a firearms carried openly in belt holsters are not considered concealed. The same can be said for any firearm that is in plain view. However, the danger in keeping a handgun on the passenger seat it that in the event of a sharp corner, of a quick stop, you could have a handgun between the seat and the door, or on the floor, maybe under the seat, and definitely concealed.

    Gluge wrote:
    Also have you ever open carried riding your motorcycle? think it's dangerous as far as California drivers / police pulling you over at gun point because of it?
    Not yet. I have just recently started back riding after a year of shoulder pain, physical therapy, surgery, and then more physical therapy. I finally have enough strength and range of motion to feel safe back on the bike.

    As far as police pulling you over at gun point, there is the possibility, however most of the encounters in California between open carriers and the police have been resolved with the police getting some education and the OC'er going about his business. There is never any guarantee that the police won't overreact and unlawfully arrest you, but, they will be looking at the possibility of legal/civil action against them, their department, their city, etc., etc..

    Always carry a digital recorder on you anytime you open carry. It is also good to have witnesses along to back up your story if you should run into an overzealous undereducated LEO.

  5. #5
    Regular Member
    Join Date
    Jul 2008
    Location
    Clovis California, , USA
    Posts
    76

    Post imported post

    I wanted to look into this one as well. Now my issue with the open carry attached to the side of the bike is this. Once you stop you will not want to leave the rifle opening attached to the bike and leave it so you would have to pick it up, put it away or touch it in some manner and could be an issue.


    I can see how it should be legal to oc in a holster on your bike but what if you have ANY patches and a couple tattoos. Not saying anything wrong with that as we all have them BUT couldn't a cop try and push you into the mc group and try and get you charged with a gang related issue.

    I know this is a broad idea BUT I know many with rocker patches and YES they are simply mc clubs BUT try and tell the police that.

    I can see locking a handgun up in a lockbox WITHIN the lockable compartment of a bike just for that added safety and of course if and when you do get pulled over and are looking for your reg papers you don't pop the lid and the cop sees a 45 sitting in there.

    Is there anyone in here who oc's on their bike? And if so what has been the overall reaction if any? Were you one of the straight laced looking guys who looks like they just rented the bike or a bit "ruff" looking with leathers and rocker patches?

    We can pretend stereotyping and profiling doesn't happen BUT we all know it does AND I just want to know what could get a person in trouble for oc'ing on a bike.

    Can you oc on a bike with rocker patches for a mc club or would they try and classify that as a potential gang related issue?

    Great thread and I hope I didn't take it off course from the op's intentions.

  6. #6
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    fresno-opencarry-now wrote:
    I wanted to look into this one as well. Now my issue with the open carry attached to the side of the bike is this. Once you stop you will not want to leave the rifle opening attached to the bike and leave it so you would have to pick it up, put it away or touch it in some manner and could be an issue.
    Most people who open carry a rifle on a motorcycle usually carry it slung across their back. It is possible for someone to obtain a rifle scabbard like the kind used on horseback, but that would be unusual. Open Carry of a rifle would usually only be done when going to or coming from a firing range, not that it wouldn't be legal just to take a ride to the corner store for a pack of smokes with an unloadedshotgun across your back. I don't see how taking the rifle out of a scabbard and slinging it across your back could be construed as "brandishing" as long as you are not doing it in a rude or threatening manner.


    fresno-opencarry-now wrote:
    I can see how it should be legal to oc in a holster on your bike but what if you have ANY patches and a couple tattoos. Not saying anything wrong with that as we all have them BUT couldn't a cop try and push you into the mc group and try and get you charged with a gang related issue.I know this is a broad idea BUT I know many with rocker patches and YES they are simply mc clubs BUT try and tell the police that.
    Many people are under the impression that if you are a member of a "gang", you are automatically chargable for carrying a firearm. The CA Penal Code does not address being a member of a gang. It addresses being involved in "Street Gang Crimes" and these are specifically identified in another section of the Penal Code. Unless you are actually involved in one of these crimes, there is no legal problem with wearing "colors". Of course this doesn't mean that the police won't try to find something to arrest you for.

  7. #7
    Regular Member
    Join Date
    Jul 2008
    Location
    Clovis California, , USA
    Posts
    76

    Post imported post

    Great answers and I am happy you wrote them, they all do make sense indeed.







    Decoligny wrote:
    fresno-opencarry-now wrote:
    I wanted to look into this one as well. Now my issue with the open carry attached to the side of the bike is this. Once you stop you will not want to leave the rifle opening attached to the bike and leave it so you would have to pick it up, put it away or touch it in some manner and could be an issue.
    Most people who open carry a rifle on a motorcycle usually carry it slung across their back. It is possible for someone to obtain a rifle scabbard like the kind used on horseback, but that would be unusual. Open Carry of a rifle would usually only be done when going to or coming from a firing range, not that it wouldn't be legal just to take a ride to the corner store for a pack of smokes with an unloadedshotgun across your back. I don't see how taking the rifle out of a scabbard and slinging it across your back could be construed as "brandishing" as long as you are not doing it in a rude or threatening manner.


    fresno-opencarry-now wrote:
    I can see how it should be legal to oc in a holster on your bike but what if you have ANY patches and a couple tattoos. Not saying anything wrong with that as we all have them BUT couldn't a cop try and push you into the mc group and try and get you charged with a gang related issue.I know this is a broad idea BUT I know many with rocker patches and YES they are simply mc clubs BUT try and tell the police that.
    Many people are under the impression that if you are a member of a "gang", you are automatically chargable for carrying a firearm. The CA Penal Code does not address being a member of a gang. It addresses being involved in "Street Gang Crimes" and these are specifically identified in another section of the Penal Code. Unless you are actually involved in one of these crimes, there is no legal problem with wearing "colors". Of course this doesn't mean that the police won't try to find something to arrest you for.

  8. #8
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    So, anybody for a long gun open carry meetup?
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  9. #9
    Regular Member
    Join Date
    Jul 2008
    Location
    Clovis California, , USA
    Posts
    76

    Post imported post

    I have a bullpup 10/22 that would be perfect for an oc event. I need to get a sling BUT I should get one for that rifle anyways...

    CA_Libertarian wrote:
    So, anybody for a long gun open carry meetup?

  10. #10
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    OK, who volunteers to ride with the Punt Gun across their back?



  11. #11
    Regular Member
    Join Date
    Jul 2008
    Location
    Clovis California, , USA
    Posts
    76

    Post imported post

    A punt gun is the way to go, when I was younger I used to shoot them one handed.. J/K but seriously that is a crazy gun BUT made perfect sense if there were a ton of birds above you. Imagine seeing 30+ birds fall from the air, like it would be raining food from heaven lol..

  12. #12
    Regular Member
    Join Date
    May 2008
    Location
    Los Angeles - San Fernando Valley, California, USA
    Posts
    64

    Post imported post

    I want see the scabbard for that baby!

  13. #13
    Regular Member
    Join Date
    Jul 2008
    Location
    , ,
    Posts
    5

    Post imported post

    fresno-opencarry-now wrote:
    Is there anyone in here who oc's on their bike? And if so what has been the overall reaction if any? Were you one of the straight laced looking guys who looks like they just rented the bike or a bit "ruff" looking with leathers and rocker patches?

    We can pretend stereotyping and profiling doesn't happen BUT we all know it does AND I just want to know what could get a person in trouble for oc'ing on a bike.

    Can you oc on a bike with rocker patches for a mc club or would they try and classify that as a potential gang related issue?
    I got myself a little aprilia RS250 sportbike so maybe that will help gaurd against sterotyping.

    One thing though - my 'trunk' isn't large at all I'm not even sure a handgun would fit in it, but no way could I put a locked handgun case in it.


    Could I put a handgun in a locked case and put the locked case in a backpack and wear that both on the bike and off? how about a tank bag?

    Thanks!

    I originaly started thinking about this when I inherited an old `1930 .22 winchester rifle. I use my bike for daily transport so I wondered if I wanted to go to the shooting range if I could transport it with the bike... one thing led to another and now I'm sort of flirting with the idea of carrying a handgun sometime. I've never owned one myself but shot my father's 38 special quite a bit.

    I'm considering getting a glock 19.

  14. #14
    Founder's Club Member
    Join Date
    Jul 2008
    Location
    Lamma Island, HK
    Posts
    964

    Post imported post

    I can bring mine. . . but it has been known to start fires.



Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •