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OCing on a motorcycle

Oubliette

Regular Member
Joined
Jul 7, 2008
Messages
33
Location
Louisville, Kentucky, USA
imported post

Okay fellas, I have a question. I have a CCDW but my wallet was lost/stolen. I know it will take Frankfort a few weeks to send me a duplicate. In the meantime I can’t carry concealed. This morning was a pistol match at Knob Creek so I rode down on my motorcycle. Since I couldn’t legally conceal my Taurus, without the license on my person, I carried it openly on my side. I didn’t have any trouble, although I did notice a couple of kids at a stoplight who were pointing at the lady with the gun. Later someone questioned the legality of OCing on a motorcycle/vehicle. I wasn’t sure how else to get the gun to the range with me, it’s not like I have a trunk…

Any thoughts?




It is legal to ride a motorcycle with a side arm in plain sight, in Ky. right?
 

N00blet45

Regular Member
Joined
Aug 22, 2007
Messages
475
Location
Walton County, Georgia, ,
imported post

Obviously it wasn't concealed if other people noticed it. :D The statute (KRS 527.020 subsection 8) says this about a loaded weapon in a vehicle:

(8) A firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in a glove compartment, regularly installed in a motor vehicle by its manufacturer, regardless of whether said compartment is locked, unlocked, or does not have a locking mechanism. No person or organization, public or private, shall prohibit a person from keeping a firearm or ammunition, or both, or other deadly weapon in a glove compartment of a vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction.

That does not mean that the firearm is concealed if it is in another part of the vehicle, it means that the firearm being in a glove compartment is not considered concealed by law. The statute only states that the firearm is not considered concealed when in the glove compartment. It does not say whether the firearm is concealed/openly carried if it is in another area. So as long as you have it in plain view you should be legal.


*insert general 'I ain't no lawyer' disclaimer*
 

hotrod

Regular Member
Joined
Jul 24, 2008
Messages
569
Location
Union, Kentucky, USA
imported post

You can hang it from the bars if you have a mind to. Also, call Ms. Strange in Frankfort about your lost license. I believe she will be able to help get it sent faster. She is very nice. You can find her number at KC3.com
 

JohnKelly

Regular Member
Joined
May 30, 2006
Messages
64
Location
, ,
imported post

KY is an open carry state, so you were perfectly legal.

Also, since your were *licensed* as a CCDW holder, it would seem that losing your license (as opposed to having it revoked) would not prevent your from carrying concealed, however it could result in a $25 fine. From the KSP web site:

"Is there a fine if I do not have my carry concealed deadly weapon license in my possession?

Yes, failure on the part of a license holder to have their CCDW license in their possession when carrying a concealed firearm or deadly weapon will result in a non-criminal violation punishable by a $25.00 fine."



Source: http://www.kentuckystatepolice.org/conceal.htm
 

UTOC-45-44

Regular Member
Joined
Feb 22, 2007
Messages
2,579
Location
Morgan, Utah, USA
imported post

Oubliette wrote:
Okay fellas, I have a question. I have a CCDW but my wallet was lost/stolen. I know it will take Frankfort a few weeks to send me a duplicate. In the meantime I can’t carry concealed. This morning was a pistol match at Knob Creek so I rode down on my motorcycle. Since I couldn’t legally conceal my Taurus, without the license on my person, I carried it openly on my side. I didn’t have any trouble, although I did notice a couple of kids at a stoplight who were pointing at the lady with the gun. Later someone questioned the legality of OCing on a motorcycle/vehicle. I wasn’t sure how else to get the gun to the range with me, it’s not like I have a trunk…

Any thoughts?




It is legal to ride a motorcycle with a side arm in plain sight, in Ky. right?

According to The Chairman of the Review Board of BCI, Clark Aposhian, stated that If I was in a similar situation I could still CC. And would NOT break the law.

But that's here in Utah:celebrate.

Just beacuse you have a Permit you don't HAVE to carry it with you here.



TJ
 
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