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Thread: what constitutes a vehicle?

  1. #1
    Regular Member 5jeffro7's Avatar
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    Just curious if anyone has ever OC'd whil on a bicycle or motorcycle?

    Although I'm not an attorney & don't play one on tv, I would assume that the above mentioned "vehicles" would be exempt from the "vehicle" clause as while on(in) them, the weapon is still exposed. I fully realize that making an assumption would lead to dire consequences, but I've often wondered about the possibility of OC'ing on my Harley.

    Any ideas or thoughts would be appreciated

    J

  2. #2
    Regular Member sudden valley gunner's Avatar
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    Welcome to the forum Jeffro. I asked the same question when I joined too. Heres a link. If you type motorcycle and washington into the search link. It is touched upon in some other threads too.

    http://opencarry.mywowbb.com/view_to...ton+motorcycle
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  3. #3
    Regular Member sudden valley gunner's Avatar
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    How is the link false information? You make all the same arguements there. Or am I missing something?
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  4. #4
    Regular Member eBratt's Avatar
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    If you have your CPL, there is no problem at all. I OC on my motorcycle somewhat regularly now that it is so warm out and I don't have to wear my winter or rain gear. I have passed a number of cops while OCing on the bike and hosts of other cars. Not a word has been said.
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good" - George Washington
    "Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms, as the blackest." - Mahatma Gandhi

    As always, insert standard IANAL disclaimer here.

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    I regularly OC on my M/C
    I have my CPL so I can carry loaded. It seems a bit weird to me to OC unloaded, as you would have to if not a CPL holder. May as well put it in some carry cover at that point.
    I have never had anyone stop me to talk about it, but have had a few double-takes from cage drivers.
    Even when I rode a bicycle regularly, my attire didn't make OC reasonable. I simply put my pistol in my backpack. A bicycle is subject to all the vehicular rules of the road, so *and this is very much speculation on my part* it would seem to be a vehicle to me.

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    Hammer wrote:
    I regularly OC on my M/C
    I have my CPL so I can carry loaded. It seems a bit weird to me to OC unloaded, as you would have to if not a CPL holder. May as well put it in some carry cover at that point.
    I have never had anyone stop me to talk about it, but have had a few double-takes from cage drivers.
    Even when I rode a bicycle regularly, my attire didn't make OC reasonable. I simply put my pistol in my backpack. A bicycle is subject to all the vehicular rules of the road, so *and this is very much speculation on my part* it would seem to be a vehicle to me.
    The only interesting thing about the law is that it says "while in a vehicle" - on a bike or a motorcycle, I don't know how that could be constituted as "in". It is my opinion, but may not be legal fact, that the purpose of the law is specifically directed towards being in cars or busses, where an officer pulling you over would approach and you'd be, effectively, concealed.
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

  7. #7
    Regular Member sudden valley gunner's Avatar
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    That is interesting. If you are carrying in a holster it isn't obviously concealed.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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