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Thread: OC on motorcycle..

  1. #1
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    Because it seems to make sense that they could, if they can stop a random OC'er walking on the street.

  2. #2
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    Yes they can, I don't recall who it was that it did happen to but another member was stopped by CHP while riding. They detained him and were in the process of hooking his bike to a tow truck when the CHP found out that he was well within the law to do so. They then let him go and released his bike and pistol back to him.

  3. #3
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    Ok well that does not exactly make me concrete on if they can or not. Obviously the LEO's that pulled him over had no knowledge about open carry so it would not surprise me that they could have illegaly pulled him over. Anyone have any statute to back this up?

  4. #4
    Regular Member demnogis's Avatar
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    To answer your questions, indeed yes they can pull you over to inspect your firearm(s) to see if they are loaded. I have been stopped/detained twice for OC while on my motorcycle. The first instance was by CHP, which turned into an event with the likes of "I can't bust you for having a gun, so I'm gonna write you a million fix-it tickets!". I ended up paying $5 in court for all of that.

    The second instance I was cuffed, Miranda'd, my bike gone through, backpack gone through, etc. No guns were drawn, though. In the end it was a role-reversal. You can read about it here.

    If you're OCing while riding, be AWARE of school zones you might be near. I avoid them like the plague. Make sure you have saddle bags that you can store your firearm (in a locking case) in.
    Gun control isn't about guns -- it is about control.

  5. #5
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    The above responses are great examples of the power being exercised. Here's the source of that power.

    12031(a) proscribes the carrying of loaded firearms in:
    1. any public place within incorporated territory
    2. within any public place in unincorporated territory if (and only if) there is a local ordinance prohibiting the discharge of firearms in that particular area.
    12031(e) permits LE to 'examine' any firearm to ensure subsection (a) is not being violated. (This power is obviously unconstitutional under the Terry Doctrine, but was upheld in 1970 by the CA Court of Appeals in People v DeLong.)

    So, if you are in any place where 12031(a) applies; 12031(e) applies. If you are in a place where it is impossible to violate 12031(a), then logically there is no 'probable cause' to examine the firearm under subsection (e). Where the gun is at the time of the 'examination' doesn't matter. Openly carried while walking, driving, or riding a bike.

    (In DeLong's case the firarms were in the locked trunk of his car. The court ruled that since the police had reason to believe the firearms were there - due to a bystander seeing them when he opened the trunk - the police were permitted to exercise the power granted by 12031(e).)

    Hope this fully answers your question.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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  6. #6
    Anti-Saldana Freedom Fighter bad_ace's Avatar
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    The only bike 12031e check I remember was demnogis's and that was rolling through a DUI checkpoint. But I'm confident I'd get pulled for UOCing on my bike, at least for a while until they got used to it. I'd try this tomorrow but I recently sold my bike

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