Correct.I'm new to the forum, and new to owning a handgun. I want to open carry, but a motorcycle is my only means of transportation. I'm asking for a little guidance with a few "situations" regarding handgun transportation and motorcycles.
1. As far as I understand, unloaded open carry is perfectly legal (1000' from schools) in any motor vehicle. That is, a handgun in a holster with an empty mag in it combined with an openly carried mag with cartridges in it (but not inside the gun) is fine. Correct?
2. Given that, it should be perfectly legal if I use the same set-up while riding a motorcycle, correct?
By the way, I'm aware of the fact that this will draw LOTS of attention. That's the point.
Many LEO won’t know the law and will assume you’re breaking some. Be careful.
Correct.3. Translating the law to motorcycles, am I correct in assuming the area under the passenger seat (which locks with a key) is interpreted as the trunk? We motorcyclists actually call that area the "trunk". Therefore, it would be legal to transport the handgun unloaded in the trunk, correct?
Yes, legal.4. Fourthly, it is legal to carry an unloaded handgun in a "locked container" while in a vehicle. A "locked container" can be a briefcase, handbag, or whatever. Therefore, on a motorcycle, shouldn't it be legal to carry an unloaded handgun in a backpack, provided the compartment it's contained in is locked (zippers with a lock through them?)
Not loaded. 12031 and People v Clark are clear on this. Again however, many cops don’t know this.5. And lastly, will a handgun be considered "loaded" if the magazine and handgun are both locked in the same container (backpack, trunk, holster, whatever) but the magazine is filled with cartridges, and not attached --but right next to-- the handgun?
I shouldn’t land you in court. And you’d win if it did.Nobody has to answer all my questions in one post, anyone can answer just one. Just quote the question when you answer.
Basically, I'm wanting to comply with the law, but only just. I don't want to restrict myself any more than is absolutely necessary, and that means taking as many liberties as I possibly can while they're still available. I'm perfectly aware that a handgun and separate loaded mag in my backpack with it's locked zippers will land me in court, and the chances of me winning are slim, but I'm prepared to take the risk as long as the law does not prohibit it.
Of course, print out, read, and keep handy the flyer or pamphlet.