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Thread: O.C, on a motorcycle?

  1. #1
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    Hello guys I'm new to the site. I just have a question. I am going to my friends place out by the dells tomorrow and I was wondering how would I go about transporting my firearm and ammo... on my motorcycle? Do I O.C. or use a backpack since I own a sports bike?

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    Regular Member AaronS's Avatar
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    As far as I can tell, you are asking a hard question. On one side the backpack could be seen as hiding it, but on the other, you have no other place to put it. If I had to take a gun on a bike, I would put it in a small gun box, and put a lock on it. Then I think the backpack would be fine (to me), but INAL...

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    So what if I place the gun in the case it came in and lock it, then put it in the back pack and also lock it. And place all the ammo in a diffrent spot in the back pack? A few friends are going up there for the weekend on his land for some shooting:celebrate

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    Pezhead992 wrote:
    But there are some exceptions such as motorcycle carry or single truck cab carry because everything is in close reach. It has to be as far away as possible, and if you do that you should be safe
    CAUTION This is an unsubstantiated legal conclusion absent a citation IAW OCDO Rule 7).

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    TITLE 18 > PART I > CHAPTER 44 > §926A


    §926A. Interstate transportation of firearms


    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    http://www.youtube.com/watch?v=zJQ34JTqk0I

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    You'll definately be on shakey legal ground, but I think that Mr. Alloy had more than the CC issue working against him when he was stopped. IANAL, this is not legal advise, but members of my gun club frequently transport their firearms on their HOGS. This includes strapping their cased shotguns across the back seat and saddlebags.


    I borrowed the below caselaw from another post, but it definately is applicable here.

    A challenge on constitutional grounds of a prosecution for carrying a concealed weapon requires affirmative answers to the following before the defendant may raisethe constitutional defense: 1) under the circumstances, did the defendant’s interest in concealing the weapon to facilitate exercise of his or her right to keep and bear arms substantially outweigh the state’s interest in enforcing the concealed weapons statute? and 2) did the defendant conceal his or her weapon because concealment was the only reasonable means under the circumstances to exercise his or her right to bear arms? State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01−0056


    I highlighted the above snippet from Wi Stat. 941.23.

    Since my having an unloaded fully encased weapon in the passenger compartment of my truck is the only reasonable means for proper transport in accordance with what is written in the statute.
    Since one cannot be reasonably expected to have a firearm in the open bed of a truck available for anyone to grab or for it to be out in inclement weather.


    I do not think State V. Alloy is a reasonable case to use for this argument becuase there was alot of other things going on with his arrest and charges. And nowhere does it state if the firearm is loaded or unloaded. I do agree that traveling with a loaded weapon in a case is a citable offense under current WIlaw.


    Here are some of the chargesAlloy was also dealing with;


    The jury acquitted Alloy on charges of attempted first-degree intentional homicide and first-degree reckless endangerment, but convicted him of false imprisonment, misdemeanor battery and two counts of carrying a concealed weapon. This appeal only challenges the conviction for carrying the concealed handgun.


    2
    All references to the Wisconsin Statutes are to the 1997-98 version unless otherwise

    noted.

    The full documant can be found here http://www.wicourts.gov/ca/opinion/D...mp;seqNo=15922
    Ecclesiastes 10:2 - "A wise man's heart inclines him to the right, but the fool's heart to the left."

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    If you have cited Alloy to contradict my caution then you missed the points of access and exceptions.

    Concealment is still prohibited and you will have to gain standing to have privilege granted on appeal by/under Alloy. As you said, "I do not think State V. Alloy is a reasonable case to use for this argument. [my emphasis]"

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    pvtschultz wrote:
    You'll definately be on shakey legal ground, but I think that Mr. Alloy had more than the CC issue working against him when he was stopped. IANAL, this is not legal advise, but members of my gun club frequently transport their firearms on their HOGS. This includes strapping their cased shotguns across the back seat and saddlebags.




    I borrowed the below caselaw from another post, but it definately is applicable here.


    A challenge on constitutional grounds of a prosecution for carrying a concealed weapon requires affirmative answers to the following before the defendant may raisethe constitutional defense: 1) under the circumstances, did the defendant’s interest in concealing the weapon to facilitate exercise of his or her right to keep and bear arms substantially outweigh the state’s interest in enforcing the concealed weapons statute? and 2) did the defendant conceal his or her weapon because concealment was the only reasonable means under the circumstances to exercise his or her right to bear arms? State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01−0056



    I highlighted the above snippet from Wi Stat. 941.23.

    Since my having an unloaded fully encased weapon in the passenger compartment of my truck is the only reasonable means for proper transport in accordance with what is written in the statute.
    Since one cannot be reasonably expected to have a firearm in the open bed of a truck available for anyone to grab or for it to be out in inclement weather.



    I do not think State V. Alloy is a reasonable case to use for this argument becuase there was alot of other things going on with his arrest and charges. And nowhere does it state if the firearm is loaded or unloaded. I do agree that traveling with a loaded weapon in a case is a citable offense under current WIlaw.



    Here are some of the chargesAlloy was also dealing with;



    The jury acquitted Alloy on charges of attempted first-degree intentional homicide and first-degree reckless endangerment, but convicted him of false imprisonment, misdemeanor battery and two counts of carrying a concealed weapon. This appeal only challenges the conviction for carrying the concealed handgun.



    2
    All references to the Wisconsin Statutes are to the 1997-98 version unless otherwise

    noted.

    The full document can be found here http://www.wicourts.gov/ca/opinion/D...mp;seqNo=15922
    The only part of pertinent case law is quoted in blue, the rest of the quote in the box above this is my argument against the pointless, conflicting laws in WI.

    Solets look at what is typically allowed in WI when transporting on an ATV,
    It is very common to see rifles & shtguns transported in a closed case on an ATV, as long as it is not loaded and no part of the firearm is visible with all available closures beng latched, zippered, or tied. I cannot imagine any cop trying to cite you for carry.


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    I was just reposting what had been posted in another thread. Personally, I don't think that the average LEO will cite an otherwise law abiding citizen for CCW when transporting weapons in a vehicle.
    Ecclesiastes 10:2 - "A wise man's heart inclines him to the right, but the fool's heart to the left."

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    But if you were to get stopped or pulled over immediately tell the officer that you have a firearm with you in close proximity because according to Wisconsin law a firearm shall not be within reach of the vehicle operator.
    Do not tell the officer anything of the sort. If you are stopped for speeding, there is no reason for the officer to search you or your backpack. There is no law requiring you to inform the officer you are transporting a firearm.

    WHY IN THE WORLD would you alert the officer to the presence of the gun in your private belongings? Its none of his business.

    If you are pulled over for a traffic infraction, you have NOTHING to gain and everything to lose telling an officer you are transporting a firearm. Then its HIS discretion (and we KNOW cops do not know the law) what to do.

    If an officer asks for a consent search, politely decline. "Officer, I understand my rights and as a matter of principle, I do NOT consent to a search"

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    Thanks for the links Nik

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    And thanks for the exclamation point stopping this bathetic thread.

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