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Thread: How about an open carry bicycle ride?

  1. #1
    Regular Member Michigander's Avatar
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    When: September 20th seems good, 9:30 am or so, or a different date and time if a better one is suggested

    Where: Hines drive or the Macomb Orchard trail perhaps? Elsewhere if a better location is suggested.



    We've discussed the issue a lot in the past, and although it appears legal to unlicensed open carry on a bicycle, it appears to be some what of a gray area with no case law, so I highly suggest that only CPL holders carry while riding, and if a non CPL holder comes along, open wearing of a holster with a CPL holder carrying your gun for you would be the safest option.

    Anyway, I know this will have limited interest, because there aren't a lot of bicycle riders, and I know driving from a ways away to go on a bike ride will be more than a lot of people will want, but as always, 3 people is a success in my opinion. It's something we've never done as a group, and it's always good to cover new ground.

    As stated above, I think Hines Drive or the Macomb Orchard trail could work, but I'm open to anything. Also, I'd think 10-20 miles would be a good distance to try for, but again, I'm open to anything.

    Is anyone interested?
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Now that sounds like a plan. Haven't been on the Macomb trail before so I don't know about that one, but when I used to live near Hines the Wayne County Parks Dept would shut it down either on Saturday or Sunday morning until noon for bikers and rollerbladers and whatnot. It was something like Outer Drive to Ann Arbor Trail I think. Have to check into that.

    Radioman

  3. #3
    Regular Member Michigander's Avatar
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    I'm completely open to any ideas.

    There is a lot of stuff off of the Macomb Orchard trail, and there is a lot of stuff off of the Hines Drive route as well. Whatever is preferable for everyone works for me.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    is a bicycle considered a "vehicle" under michigan law?
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

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    That has been dicussed. I don't think I final decision was ever made about it, but I believe a "vehicle" is only considered a vehicle if it has to be insured. Don't quote me on that.

  6. #6
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    lapeer20m wrote:
    is a bicycle considered a "vehicle" under michigan law?
    Welcome to OCDO Lapeer20m. A bicycle is not considered a vehicle, at least, not in this Section.


    324.40104 Definitions; T, V.

    Sec. 40104. (1) “Take” means to hunt with any weapon, dog, raptor, or other wild or domestic animal trained for that purpose; kill; chase; follow; harass; harm; pursue; shoot; rob; trap; capture; or collect animals, or to attempt to engage in such an activity.

    (2) “Transport” means to carry or ship animals within this state or to points outside this state.

    (3) “Trap” means taking or attempting to take animals by means of a trap or other device designed to kill or capture animals.

    (4) “Vehicle” means every device in, upon, or by which any person or property is or may be transported, except devices exclusively moved by human power.


    History:
    Add. 1995, Act 57, Imd. Eff. May 24, 1995.

    Popular name:
    Act 451
    Popular name: NREPA

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    SpringerXDacp wrote:
    lapeer20m wrote:
    is a bicycle considered a "vehicle" under michigan law?*
    Welcome to OCDO Lapeer20m.* A bicycle is not considered a vehicle, at least, not in this Section.


    324.40104 Definitions; T, V.

    Sec. 40104. (1) “Take” means to hunt with any weapon, dog, raptor, or other wild or domestic animal trained for that purpose; kill; chase; follow; harass; harm; pursue; shoot; rob; trap; capture; or collect animals, or to attempt to engage in such an activity.

    (2) “Transport” means to carry or ship animals within this state or to points outside this state.

    (3) “Trap” means taking or attempting to take animals by means of a trap or other device designed to kill or capture animals.

    (4) “Vehicle” means every device in, upon, or by which any person or property is or may be transported, except devices exclusively moved by human power.


    History:
    Add. 1995, Act 57, Imd. Eff. May 24, 1995.

    Popular name:
    Act 451
    Popular name: NREPA
    Unfortunately, definitions from one statute do not carry over to another statute.

    Vehicle can be as broadly or narrowly defined as the courts will allow. One must determine legislative intent in an actual court case.

    I consider a bicycle to be a vehicle (the dictionary agrees). I would imagine the courts would as well. They might have a hard time shoe-horning the "in a vehicle" to apply to someone riding a bicycle (or motorcycle, for that matter) as one isn't "in" it, they're "on" it.

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    I ride a bike all around vandercook lake and into the city of jackson. I dont have a CPL and have been stopped and detained on my bike once,have been out riding and stopped for a simple interview many times. you don`t need a CPL for a bike.

  9. #9
    Regular Member Michigander's Avatar
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    I won't specifically tell anyone what to do, but I can't advise non licensed bike OC. I think we should always go with the side of caution. Never forget that clearly legal things have got some here prosecuted, and many badly hassled. I don't want to hold any responsibility if someone gets convicted of unlawfully carrying.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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