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Thread: Open Carry on Motorcycle

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    Hello All. Since a motorcycle is considered a motor vehicle, is it legal to holster a pistol without a concealed weapons permit, while riding a motorcycle in Mississippi? Even if it's a Harley If not, is it legal to carry a loaded weapon in a saddle bag while riding a motorcycle in MS? Thanks

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    It shall not be a violation of this section for any person over the age of eighteen(18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
    Since a motorcycle is a motor vehicle I would say you are safe at a minimum with the firearm in the saddlebags. A holstered sidearm probably wouldn't be a problem, at least until you got off the bike.


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    I OPEN carry "SOMETIMES" when riding the bike.
    This is not well defined at all.

    A motorcycle is not defined by MS as a "Motor Vehicle".
    It appears instead in the "motor driven cycle" definition.

    As I do not (and WILL NOT) pay for my God Given Right to own and carry firearms.... I have no CWP.

    EDIT: ..... I finally caved in and applied for my CWP. Not worth it to lose a firearm, nor to be unarmed.
    I now work as 911 operator and I can tell you truthfully that things are WORSE than they are reported in media.

    I know for a FACT that in my truck is fine under current State law, but the MC is a LOT "fuzzy".

    Kinda like the "in whole or in part" thing.

    Where this gets sticky is if the officer asks you to step off the bike.
    Are you "IN" your vehicle while seated on the bike?
    Are you "OUT" of it if you step off?

    I see it like this......
    While firmly seated, you are "within the confines of the vehicle".

    But even if that is correct,as soon as you step off you are no longer "IN" the vehicle so that tidbit would not apply to you it seems.

    I do know that you are 100% legal if it is in your saddlebag.
    That much has been confrimed through MHP and the AG office.
    Last edited by marionmedic; 12-25-2010 at 10:51 AM. Reason: changed my outlook
    What part of "SHALL NOT BE INFRINGED" is so hard to understand ???


    James: Ain't this a little showy, Pa? I mean with the guns out an' all?

    Big Jake: James, don't be fooled. They all know what's in this box, and they all want it. what we're doin' with this audacious DISplay is tellin' 'em they can't have it. Who knows, we may be savin' some poor miscreant soul's life this way.

    www.dixieleather.com - www.dixiepreparedness.org

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    Regular Member Brimstone Baritone's Avatar
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    IANAL but the way I see it, If he were to ask you to get off the bike and then try to arrest you for violating the gun law it would be considered entrapment. We (in Alabama) have the opposite problem. We can open carry without a permit, but inside a motor vehicle is considered concealed. Not 100% sure if that applies to motorcycles, but I think it does. :X
    There was a time that the pieces fit, but I watched them fall away, mildewed and smoldering, strangled by our coveting. I've done the math enough to know the dangers of our second guessing. Doomed to crumble, unless we grow and strengthen our communication. -Tool, "Schism"

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    Regular Member turbodog's Avatar
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    mark edward marchiafava wrote:
    Read title 32 again. There's a distinct difference between a "motorcycle" and a "motor-driven cycle."
    mark is correct. There is a difference.

    Also, Ms. does include motorcycles as being motor vehicles:

    Section 63-17-55

    ยง 63-17-55. Definitions.
    (a) "Motor vehicle" means any motor-driven vehicle of the sort and kind required to have a Mississippi road or bridge privilege license, and shall include, but not be limited to, motorcycles. (snip)


    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    i spoke to a H.C.S.O. yesterday and he said that a motorcycle is the same as a car or truck when it comes to carrying a firearm.

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    Quote Originally Posted by luvnfords View Post
    i spoke to a H.C.S.O. yesterday and he said that a motorcycle is the same as a car or truck when it comes to carrying a firearm.
    Now you just need to ask them how one can be sure whether they are "in" their motorcycle or not.

    If your foot is on the land, then it would be pretty easy for an officer or prosecutor to make the case that you couldn't both possibly be in the vehicle and on public property at the same time.

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    Regular Member marionmedic's Avatar
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    According to L.C.S.O, it would not be acceptable if seen.

    MC is a "motor driven cycle" according to the State Code.... not a "motor vehicle".

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    Quote Originally Posted by marionmedic View Post
    According to L.C.S.O, it would not be acceptable if seen.

    MC is a "motor driven cycle" according to the State Code.... not a "motor vehicle".
    marionmedic:

    I can promise you that if you look for the definition of a motorcycle, it's going to say "a two-wheeled motor vehicle", or something to that effect.

    Really... look into the law, on your own terms, people. It's all there in black and white.

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    Regular Member marionmedic's Avatar
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    Quote Originally Posted by stungun View Post
    marionmedic:

    I can promise you that if you look for the definition of a motorcycle, it's going to say "a two-wheeled motor vehicle", or something to that effect.

    Really... look into the law, on your own terms, people. It's all there in black and white.
    You are correct, and I was MISINFORMED by a person who was SUPPOSED to know the law........


    SEC. 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties.
    (2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.

    SEC. 63-3-103. Vehicles.
    (a) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
    (b) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. The term "motor vehicle" shall not include electric personal assistive mobility devices.
    (c) "Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground but excluding a tractor.

    There is TWO separate "definitions" here.
    But then under TITLES it is defined further.........

    SEC. 63-21-5. Definitions.
    (k) The term "motorcycle" shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a farm tractor.
    (l) The term "motor vehicle" shall include every automobile, motorcycle, mobile trailer, semitrailer, truck, truck tractor, trailer and every other device in, upon, or by which any person or property is or may be transported or drawn upon a public highway which is required to have a road or bridge privilege license, except such as is moved by animal power or used exclusively upon stationary rails or tracks.
    What part of "SHALL NOT BE INFRINGED" is so hard to understand ???


    James: Ain't this a little showy, Pa? I mean with the guns out an' all?

    Big Jake: James, don't be fooled. They all know what's in this box, and they all want it. what we're doin' with this audacious DISplay is tellin' 'em they can't have it. Who knows, we may be savin' some poor miscreant soul's life this way.

    www.dixieleather.com - www.dixiepreparedness.org

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    In my opinion, if I were to see you riding a motorcycle with a visible holstered weapon, it would be a non-issue even if I new you did not have a permit. But I could and probably would run your tag and if for instance if the motorcycle was owned by a convicted felon or a minor under 18, then I would have probable cause to pull you over.

    If I pulled you over for some other reason and I found out you had a concealed weapon on your person without a permit, but can legally own a handgun, I still couldn't charge you because I would be the one making you get off your motorcycle in a public location, Doing so would be called entrapment.

    Also, if I saw you riding with visible handgun then watched you enter a public place (school, Bank, courthouse etc.) and I had reasonable suspicion that you are still carrying but now concealed, then legally I could ask for permit and ID per 45-9-101 (b).

    Everything I do, right down to writing reports, I try to envision how a judge and jury would view my actions.

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    Regular Member marionmedic's Avatar
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    I can appreciate that DS.
    I hope that ALL of the LEO comminity would be so inclined to give the benefit of the doubt and also to realize the situation.

    And I'm hope that the F.D. sticker from MFA on my tag would also tend to settle your nerves a bit as well.
    (wouldn't feel right about a "blue line" even though some at 911 do)

    I always carry when I ride.
    Now with CWP it doesn't matter though like it did before.
    (just got it)
    The only time I ever did leave the bike on a ride, was when I needed gas or something.
    I always figured that was part of "on a journey" though.
    What part of "SHALL NOT BE INFRINGED" is so hard to understand ???


    James: Ain't this a little showy, Pa? I mean with the guns out an' all?

    Big Jake: James, don't be fooled. They all know what's in this box, and they all want it. what we're doin' with this audacious DISplay is tellin' 'em they can't have it. Who knows, we may be savin' some poor miscreant soul's life this way.

    www.dixieleather.com - www.dixiepreparedness.org

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    Quote Originally Posted by marionmedic View Post
    I can appreciate that DS.
    I hope that ALL of the LEO comminity would be so inclined to give the benefit of the doubt and also to realize the situation.

    And I'm hope that the F.D. sticker from MFA on my tag would also tend to settle your nerves a bit as well.
    (wouldn't feel right about a "blue line" even though some at 911 do)

    I always carry when I ride.
    Now with CWP it doesn't matter though like it did before.
    (just got it)
    The only time I ever did leave the bike on a ride, was when I needed gas or something.
    I always figured that was part of "on a journey" though.
    If I see a TBL, FD or Pmed sticker, I am still on high guard and ready and I will ask what dept. or company you are with although you have the right not to answer. Those stickers are too easy to have made on the internet or get off the internet w/o any kind of credentials check.

    If the person does turn out to be a fellow LEO, a fireman, paramedic, Dr, nurse etc, etc., I have a hard time writing silly tickets to anyone that puts their life on the line for others or anyone that may be standing over my bloody or burnt body trying to save mine.

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