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Carry a Hi-Point Carbine on motorcycle

troseph_ut

New member
Joined
Jul 21, 2009
Messages
2
Location
, Utah, USA
imported post

Can I carry my carbine over my shoulder with the strap that comes with it on my motorcycle to wherever I'm going to shoot? My truck is unavailable a lot and still want to go shooting. Can I have it open on my back?
 

Kevin Jensen

State Researcher
Joined
Feb 23, 2007
Messages
2,313
Location
Santaquin, Utah, USA
imported post

Welcome to OCDO! :celebrate

The short answer to your question is YES, you may sling your carbine over your back, while on a motorcycle.

66%20Motorcycle%20with%20Machine%20Gun%20is%20Awesome.jpg


HOWEVER, there are a few laws you need to be aware of. If you DO NOT have a concealed firearm permit, then your rifle must be unloaded while on your vehicle.

76-10-505. Carrying loaded firearm in vehicle or on street.
(1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
(a) in or on a vehicle, unless:
(i) the vehicle is in the person's lawful possession; or
(ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle;
(b) on a public street; or
(c) in a posted prohibited area.
(2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor under 18 years of age may not carry a loaded firearm in or on a vehicle.
(3) Notwithstanding Subsection (1)(a)(i) and (ii), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a vehicle.
(4) A violation of this section is a class B misdemeanor.
Nextare school zones. Firearms are generally prohibited within 1000 feet of school property if you DONOT have a concealed firearm permit.

However, this law does not apply to you as long as your firearm remains in or on your vehicle.

76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalties.
(1) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in Subsection 76-3-203.2(1).
(2) (a) Possession of a dangerous weapon on or about school premises is a class B misdemeanor.
(b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A misdemeanor.
(3) This section does not apply if:
(a) the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
(b) the possession is approved by the responsible school administrator;
(c) the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or
(d) the possession is:
(i) at the person's place of residence or on the person's property;
(ii) in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students; or
(iii) at the person's place of business which is not located in the areas described in Subsection 76-3-203.2(1)(a)(i), (ii), or (iv).
(4) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.
Now with that being said, a carbine slung on your back may attract attention. If you happened to get stopped by a police officer in a school zone, and he asks you to step off your bike, youmay want to politely inform the officer that he needs to remove your rifle before you can comply.

If you step offyour bike in a school zone with a firearm in your possession, thenyou are no longer afforded the protection of the law, and he can cite you for a violation of 76-10-505.5.
Make sure the firearm stays on your bike, or in the cops possession until you are back on the bike.


If you DO have a concealed firearm permit, then of course none of this garbage applies to you, and you may carry loaded if you wish, or on foot in a school zone.

76-10-523. Persons exempt from weapons laws.
(1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any of the following:
(a) a United States marshal;
(b) a federal official required to carry a firearm;
(c) a peace officer of this or any other jurisdiction;
(d) a law enforcement official as defined and qualified under Section 53-5-711;
(e) a judge as defined and qualified under Section 53-5-711;
(f) a common carrier while engaged in the regular and ordinary transport of firearms as merchandise; or
(g) a nonresident traveling in or through the state, provided that any firearm is:
(i) unloaded; and
(ii) securely encased as defined in Section 76-10-501.
(2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not apply to any person to whom a permit to carry a concealed firearm has been issued:
(a) pursuant to Section 53-5-704; or
(b) by another state or county.

Again, welcome to OCDO! :celebrate
 

troseph_ut

New member
Joined
Jul 21, 2009
Messages
2
Location
, Utah, USA
imported post

Very useful information. Thank you! I'm not sure if I would be better off with it in a case or not if I have it strapped to my back. I would imagine a case would draw less attention but I don't know if that conceals it. But in/on a vehicle its the same either way if I understand correctly.

I just don't want to look like this rolling down main street.
url]
 

ScottyT

Regular Member
Joined
Apr 7, 2008
Messages
800
Location
Salt Lake City, Utah, USA
imported post

Several times i have ridden my scooter with my shotgun in a soft case slung on my back. Pulled up next to a Sandy cop and smiled and nodded, he just laughed.

:D
 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
imported post

1-It is now legal to have a concealed firearm in or on your own vehicle.

2-By definition, a securely cased (need not be locked, only completely closed with a zipper, clasps, even packing string tied shut) and unloaded firearm is NOT considered concealed in Utah. So you can legally carry a fully cased firearm around on foot (excepting school zones) as well as on or within your vehicle.

Having a valid weapons carry permit ("concealed" firearms permit as it is called in Utah statute) simplifies most all of this and allows concealed and/or loaded possession even in school zones.

Charles
 

Bennelli

Regular Member
Joined
Dec 30, 2008
Messages
100
Location
, Utah, USA
imported post

troseph_ut wrote:
Very useful information. Thank you! I'm not sure if I would be better off with it in a case or not if I have it strapped to my back. I would imagine a case would draw less attention but I don't know if that conceals it. But in/on a vehicle its the same either way if I understand correctly.

I just don't want to look like this rolling down main street.
url]
As cool as that looks I would keep it ina case, especially if I want to get where I am going on time. Some nervous nilly or some concerned cop will get you pulled over, I rather be shooting then explaining my 2nd A right to some LEO for some 15-30 minutes.
 
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