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Thread: Long gun OC on a motorcycle

  1. #1
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    So I have recently aquired a new motorcycle and I really want to take my AR15 to the range to zero it, and I want to do it in the manner below (see photo).

    So these are the facts:

    § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

    It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

    The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

    The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.



    § 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways.

    The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.

    (Code 1950, § 18.1-272; 1975, cc. 14, 15, § 18.2-287; 2004, c. 462; 2007, c. 203.)

    Virginia Beach Ordinance

    Sec. 38-8. Transporting a loaded rifle or shotgun.


    (a)No person shall transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road or highway.

    (b)The provisions of this section shall not apply to duly authorized law enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.

    (c)Violation of this section shall be punishable by a fine of not more than one hundred dollars ($100.00).

    (Ord. No. 2050, 4-23-91)

    Unless I'm missing something, it seems to me that the VB ordinance is illegal since there is no exception for not hunting?

    So what are your thoughts. I don't want to do any harm in our fight forour firearm rights, but I do like to push the envelope and I do need to zero the AR. I would probably err on the safe side and not have a loaded mag in the mag well.

    I want your opinions and please don't sugar coat it.


  2. #2
    Regular Member CRF250rider1000's Avatar
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    The police shouldn't be able to catch up with you anyways:P

  3. #3
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    A.) Where'd the photo come from?

    B.) I agree that it seems the VB ordinance is more strict than the VA ordinance, thereby in violation of preemption...but I'm not a lawyer.

    C.) I love riding, but I recognize that there are times when a 4 wheel vehicle is more convenient. One such occasion might be when carrying a rifle, tools for said rifle, magazines for said rifle, ammunition for said rifle and shooting rests for said rifle (you're zeroing, so I'm assuming you would need something to afford you a steady shot).

  4. #4
    Campaign Veteran skidmark's Avatar
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    The VaBeach provisions apply to a loaded rifle. If you did not have a magazine inserted, it would not be a loaded weapon. That's how this non-lawyer reads the local ordinance.

    The Va law exempts you for carrying loaded if you have a CHP in your possession at the time. The Va law does not address an unloaded rifle, even if equipped with a magazine that holds in excess of 20 rounds. So says this non-lawyer.

    Carrying your AR slung over your shoulder, uncased, will draw a considerable bit of attention, which probably will result in at least one MWAG call. The cops that respond will mull over the intricacies of the law, their own interpretations of said law, and then do whatever their supervisor tells them to do. My money is on them being told to bring you to the station in chains, while the bomb squad is dispatched to deal with your EBR. YMMV, but I seriously doubt it.

    Make one adjustment and I'll be betting you will have no untoward encounters -- put your AR inside a bag of some sort. While "tactical nylon drag bag" over your shouldermay be the favored item for some, I'm thinkingthat if you golow-key with the same bagstrapped to your carrier or across the handlebars you would draw a lot less attention.

    But maybe you have Level III plates you can duct-tape to your back as you ride OC through the streets of VaBeach. Go for it, dood!

    stay safe, and get pictures!

    skidmark
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    Because stupidity isn't a race, and everybody can win.

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  5. #5
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    From reading what you c&p, it seems the key word is "loaded". As long as the magazines/ammo is kept separate, it seems to satisfy the wording of the law.

    Me personally, I would get one of those discreet soft gun cases and use it like a backpack and keep the ammo in a tank or saddle bag. imo.

  6. #6
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    The Virginia Beach ordinance comes from § 15.2-915.2, not from § 15.2-1209.1.

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    WhatTimeIsIt? wrote:
    The Virginia Beach ordinance comes from § 15.2-915.2, not from § 15.2-1209.1.
    You sir, are correct. Thank you

    § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.

    The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Game wardens, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect.

    The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.





  8. #8
    Regular Member CRF250rider1000's Avatar
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    So if the cops pull you over, have a copy of the state law on you and just have them check that it is unloaded. Simple as that

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    Regular Member ODA 226's Avatar
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    I had a friend in SF that was a former Hell's Angel and had a saddle holster mounted on the side of his Fat Boy. He routinely carried a Mossberg Crusier or a lever-action .30-.30 in it.
    Bitka Sve Reava!
    B-2-10 SFG(A)/ A-2-11 SFG(A) 1977-1994

  10. #10
    Regular Member ODA 226's Avatar
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    CRF250rider1000 wrote:
    So if the cops pull you over, have a copy of the state law on you and just have them check that it is unloaded. Simple as that
    Or show him your CHP. Even easier.
    Bitka Sve Reava!
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    ODA 226 wrote:
    CRF250rider1000 wrote:
    So if the cops pull you over, have a copy of the state law on you and just have them check that it is unloaded. Simple as that
    Or show him your CHP. Even easier.
    Negative. As stated in the other thread, any long gun carried in a vehicle must be unloaded within the city limits of Virginia Beach, unless you need it in the course of your employment, as stated in the ordinance.

  12. #12
    Founder's Club Member - Moderator longwatch's Avatar
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    nevermind.

  13. #13
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    longwatch wrote:
    I think that VB ordinance may be invalid and preempted. I do believe the language used is based on the old version of that statute and I think it exceeds their authority to regulate carry of longarms.

    § 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways.

    The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.
    Longwatch, I saw that statute as well, but there is also this one. Having both is a little confusing, to say the least.

    § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.

    The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Game wardens, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect.

    The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.


  14. #14
    Regular Member ODA 226's Avatar
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    Reverend73 wrote:
    ODA 226 wrote:
    CRF250rider1000 wrote:
    So if the cops pull you over, have a copy of the state law on you and just have them check that it is unloaded. Simple as that
    Or show him your CHP. Even easier.
    Negative. As stated in the other thread, any long gun carried in a vehicle must be unloaded within the city limits of Virginia Beach, unless you need it in the course of your employment, as stated in the ordinance.
    NEVERMIND
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    Reverend73 wrote:
    longwatch wrote:
    I think that VB ordinance may be invalid and preempted. I do believe the language used is based on the old version of that statute and I think it exceeds their authority to regulate carry of longarms.

    § 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways.

    The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.
    Longwatch, I saw that statute as well, but there is also this one. Having both is a little confusing, to say the least.

    § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.

    The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Game wardens, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect.

    The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.
    15.2 -915.2 applies to towns and cities.

    15.2 - 1209.1 applies to counties.

    Towns and cities may regulate for any purpose. Counties may regulate for hunting only.



    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    Thanks Thundar. I had failed to notice that.

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    nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.


    Gee, I wonder if I could use that one? hhmmm
    James Reynolds

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    I've never thought about carrying my rifle on my motorcycle but I would like to carry a handgun sometimes when going to shoot. The problem is one of the officers I talked to told me if it was in a backpack even if unloaded and in it's hard plastic case and if I had ammo in there at the same time it would be considered concealed. Is this true? I want to take it with me and have ammo with me at the same time but don't need the gun loaded. I don't have a CHP so that's a no go if it's against the law for me.

    I think I asked about this once before on here.

    I've thought about open carrying it but I'm just afraid when riding that my jacket may halfway cover it up unless I keep tucking it behind the gun. It's hard to keep stuff from blowing around on a bike. I'm also a little afraid of the wind blowing the gun out of the holster as the holster doesn't have a back strap. Not sure if that would happen or not. I'm also a little worried about what would happen if I went down.

  19. #19
    Regular Member CRF250rider1000's Avatar
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    Serpa thigh holster fixes all your cover and retention needs:celebrate

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