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MOTORCYCLE OPEN CARRY

VIKING PATRIOT

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I HAVE A QUESTION ABOUT OPEN CARRY AND RIDING A MOTORCYCLETHAT DOES NOT HAVE ANY TYPE OF SADDLE BAGS OR TOUR PACK.

A PERSON CAN OR CANNOT OPEN CARRY WHILERIDING A MOTORCYCLE THAT DOES NOT HAVE A SECURE PLACE/COMPARTMENT TO STORE THE CASED FIREARM IN WHILE IN TRANSIT?

I AM GUESSING THE ANSEWER IS NO.
 

Lurchiron

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VIKING PATRIOT wrote:
I HAVE A QUESTION ABOUT OPEN CARRY AND RIDING A MOTORCYCLETHAT DOES NOT HAVE ANY TYPE OF SADDLE BAGS OR TOUR PACK.

A PERSON CAN OR CANNOT OPEN CARRY WHILERIDING A MOTORCYCLE THAT DOES NOT HAVE A SECURE PLACE/COMPARTMENT TO STORE THE CASED FIREARM IN WHILE IN TRANSIT?

I AM GUESSING THE ANSEWER IS NO.

Hailsa;

http://opencarry.mywowbb.com/view_topic.php?id=37690&forum_id=57&highlight=vehicle+rules

The above link might help for a starter, welcome and have a seat in the hall.



Alaf Sal Fena;

Lurch
 

rcawdor57

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Nope. Sorry dude! It is a "vehicle" under state law and cannot be placed on or in the vehicle unless completely encased and stowed out of reach. I just posted a bunch of statutes for this question yesterday. I will see if I can find where I posted and link to it.
 

Interceptor_Knight

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rcawdor57 wrote:
Nope. Sorry dude! It is a "vehicle" under state law and cannot be placed on or in the vehicle unless completely encased and stowed out of reach. I just posted a bunch of statutes for this question yesterday. I will see if I can find where I posted and link to it.
It does not have to be out of reach unless the case is hidden. The passenger compartment of an automobile is hidden from someone driving or walking by. You can strap your encased firearm to the seat, gas tank or handle bars. You could even strap it to your back.
 

opusd2

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Mine is usually carried on the backrest, stowed in something. I also have a case that has a belt loop on it. That works great on the tractors.
 

rcawdor57

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Sorry if I wasn't clear on my answer. You CANNOT open carry while riding a motorcycle. That is what I meant.

You CAN transport your firearm on a motorcycle, bicycle, etc.....as long as you met the law for transport. What I do is put my firearm in a box specifically designed for pistols and it has a KEYLOCK. The box stays under the passenger seat in my truck out of reach. Out of reach since it is locked and the key is on the keychain with my ignition key. So I meet the definition of encased and out of reach and of course unloaded.
 

Cobbersmom

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VIKING PATRIOT wrote:
I HAVE A QUESTION ABOUT OPEN CARRY AND RIDING A MOTORCYCLETHAT DOES NOT HAVE ANY TYPE OF SADDLE BAGS OR TOUR PACK.

A PERSON CAN OR CANNOT OPEN CARRY WHILERIDING A MOTORCYCLE THAT DOES NOT HAVE A SECURE PLACE/COMPARTMENT TO STORE THE CASED FIREARM IN WHILE IN TRANSIT?

I AM GUESSING THE ANSEWER IS NO.
Unloaded and encased. That's it. Anything else is BS. I've carried UNLOADED AND ENCASED in my jacket pocket while on a date with a cop who knew it was there. On my motorcycle, I carry unloaded and encased in my backpack.
 

Interceptor_Knight

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rcawdor57 wrote:
Sorry if I wasn't clear on my answer. You CANNOT open carry while riding a motorcycle. That is what I meant.

You CAN transport your firearm on a motorcycle, bicycle, etc.....as long as you met the law for transport. What I do is put my firearm in a box specifically designed for pistols and it has a KEYLOCK. The box stays under the passenger seat in my truck out of reach. Out of reach since it is locked and the key is on the keychain with my ignition key. So I meet the definition of encased and out of reach and of course unloaded.
Locked has no bearing on "within reach". If you can reach under your seat and get it, it is within reach. If it is in a "box", even a gun safe, etc it is arguably hidden for the purposes of the Concealed Carry statute.
 

Interceptor_Knight

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Cobbersmom wrote:
Unloaded and encased. That's it. Anything else is BS. I've carried UNLOADED AND ENCASED in my jacket pocket while on a date with a cop who knew it was there. On my motorcycle, I carry unloaded and encased in my backpack.

What you get away with (common practice) including what a single "cop" allowed you to get away with has no relevance to State Statutes and what type of response you can expect from an urban patrol officer.

The safe transportation (167.31) and concealed carry statutes (941.23)are seperate and most definitely different. Just because you are complying with 167.31 does not make you immune from being prosecuted for 941.23. In your jacket pocket and in a backpack are both concealed firearms and in clear violation of 941.23.
 

rcawdor57

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When my firearm is in a locked box, unloaded, under a seat I cannot reach unless I get out of my vehicle with keys in hand and proceed to it from the exterior of my vehicle it is certainly out of reach and completely within the scope of the law.
 

scorpio_vette

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there has to be some relaxation with some of you guys when it comes to motorcycles.


STORAGE ON A MOTORCYCLE:

on some motorcycles, a BACKPACK IS THE ONLY STORAGE. therefore the backpack is the "trunk".
also i doubt that many of you on here are flexible enough to reach the backpack, unzip it, reach the case inside the backpack, unzip it, grab the gun, grab a magazine and load the gun. ALL WHILE STILL HOLDING ONTO THE HANDLEBARS.

i highly doubt it. no offense, but if you have never ridden a motorcycle before, then i'm going to say ease up just a little bit. it's a bit different then a car. that's where it's going to come down to "interpretation of the law", and in this specific case, i personally would be willing to fight that a BACKPACK is out of reach. but they are by all means more than welcome to show me how THEY would store and carry a gun on said bike if they can think of a better way.


otherwise, some sportbikes have enough room under the seat to lock up a gun in a soft case, and once again while it is within arms reach, it is OUT OF REACH. because to be able to get under the seat, you need the key. so to get the gun you would have to:
turn off the bike, remove the key from ignition, stand up on the bike, unlock the seat with the key, remove the seat, remove the case and unzip it, remove the gun, grab the magazine, put the case back, reinstall the seat, sit back on the bike place the key back in the ignition and restart the bike. there is no way that you can do that unless the bike is parked. that's just not going to happen while moving.

and on cruisers with saddle bags/trunks.............well the saddlebags or trunk are going to be as far as you can get them.




hope that helps.
 

rcawdor57

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I agree 100% Scorpio. Same goes for any "vehicle" that doesn't have a separate storage compartment from the passenger compartment. How in the world is someone supposed to transport a firearm on a bike or motorcycle? When I had my motorcycle way back when I simply put my guns in my range bag and bungie corded them down to the seat behind me. I would do it that way today if I rode a bike.

The original question asked I believe is about actual open carry on a motorcycle and it has transformed into transport as well. Wish we could OC on a motorcycle but it is not legal. Should be since everyone can see it!

Anyone remember that guy in Racine (I think) last year who was riding his bicycle when three or four teens jumped him? He was open carrying a handgun and he used the gun to scare off the attackers. The police did NOT charge him for violating the concealed carry law nor did they charge him with violating the 1000 ft school zone law. I still wonder about open carry on a bicycle since it is not specifically forbidden as it is on everything else (car, tractor, truck...etc....all spelled out but not bicycles).
 

J.Gleason

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scorpio_vette wrote:
there has to be some relaxation with some of you guys when it comes to motorcycles.


STORAGE ON A MOTORCYCLE:

on some motorcycles, a BACKPACK IS THE ONLY STORAGE. therefore the backpack is the "trunk".
also i doubt that many of you on here are flexible enough to reach the backpack, unzip it, reach the case inside the backpack, unzip it, grab the gun, grab a magazine and load the gun. ALL WHILE STILL HOLDING ONTO THE HANDLEBARS.

i highly doubt it. no offense, but if you have never ridden a motorcycle before, then i'm going to say ease up just a little bit. it's a bit different then a car. that's where it's going to come down to "interpretation of the law", and in this specific case, i personally would be willing to fight that a BACKPACK is out of reach. but they are by all means more than welcome to show me how THEY would store and carry a gun on said bike if they can think of a better way.


otherwise, some sportbikes have enough room under the seat to lock up a gun in a soft case, and once again while it is within arms reach, it is OUT OF REACH. because to be able to get under the seat, you need the key. so to get the gun you would have to:
turn off the bike, remove the key from ignition, stand up on the bike, unlock the seat with the key, remove the seat, remove the case and unzip it, remove the gun, grab the magazine, put the case back, reinstall the seat, sit back on the bike place the key back in the ignition and restart the bike. there is no way that you can do that unless the bike is parked. that's just not going to happen while moving.

and on cruisers with saddle bags/trunks.............well the saddlebags or trunk are going to be as far as you can get them.




hope that helps.
Agreed, you would definitely win this argument in court.
 

Interceptor_Knight

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rcawdor57 wrote:
I agree 100% Scorpio. Same goes for any "vehicle" that doesn't have a separate storage compartment from the passenger compartment. How in the world is someone supposed to transport a firearm on a bike or motorcycle? When I had my motorcycle way back when I simply put my guns in my range bag and bungie corded them down to the seat behind me. I would do it that way today if I rode a bike.

The original question asked I believe is about actual open carry on a motorcycle and it has transformed into transport as well. Wish we could OC on a motorcycle but it is not legal. Should be since everyone can see it!

Anyone remember that guy in Racine (I think) last year who was riding his bicycle when three or four teens jumped him? He was open carrying a handgun and he used the gun to scare off the attackers. The police did NOT charge him for violating the concealed carry law nor did they charge him with violating the 1000 ft school zone law. I still wonder about open carry on a bicycle since it is not specifically forbidden as it is on everything else (car, tractor, truck...etc....all spelled out but not bicycles).
Bicycles clearly fall under the definition.
167.31


[align=left](b) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(h) “Vehicle” has the meaning given in s. 340.01 (74),
(74) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway,except railroad trains.
[/align]

Tractors are only listed under allowed exceptions under specific circumstances.
1g. Subsection (2) (b) and (c) does not apply to a landowner, a family member of the landowner, or an employee of the landowner who is using a firearm, bow, or crossbow to shoot wild animals from a farm tractor or an implement of husbandry on the landowner’s land that is located in an area designated by the department of natural resources as a chronic wasting disease eradication zone

[/quote]



The guy on the bicycle had an affirmative defense for violating the law. All of the rationalization regarding your personal definition of "out of reach", having no trunk on a motorcyle and the backpack being the only manor you can carry, yadda yadda yadda.. are affirmative defenses should you ever find yourself in court. There is the law, and there is common practice, administrative enforcement policies and there are affirmative defenses to violating the letter of the law. Just because you would likely win in a court of law does not mean that you will never be cited. You may beat the rap but youwill not beat the ride.

 

scorpio_vette

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oh and to the original poster, NO you can not open carry while on a motorcycle as it falls under the category of "vehicle".


bicycles on the other hand do NOT fall under the category of "vehicles" (at least i'm pretty damn sure that's what i had seen in the books). to lazy to look up the whole deal right now, but i'm sure some of you guys that have this stuff memorized could post the info real quick.
 

Interceptor_Knight

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scorpio_vette wrote:
oh and to the original poster, NO you can not open carry while on a motorcycle as it falls under the category of "vehicle".


bicycles on the other hand do NOT fall under the category of "vehicles" (at least i'm pretty damn sure that's what i had seen in the books). to lazy to look up the whole deal right now, but i'm sure some of you guys that have this stuff memorized could post the info real quick.
Look one post up.....;)
 

rcawdor57

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Yep. I know about the definition of "vehicle". The law was written so anything can be interpreted into the meaning of "vehicle". Bicycle is about the only thing NOT specifically listed as a vehicle. I am very familiar with the definitions of vehicle, motor vehicle, yada yada yada. Whomever wrote these laws definitely wanted to STOP all lawful carry of firearms even on private property. Using the definition of "vehicle" in Wisconsin law your shoes and feet can certainly be considered a "vehicle". With that in mind we could never exercise the right to keep and bear arms. I believe that if the police wanted to stop and charge every person open carrying a firearm they could certainly throw our shoes into the definition of vehicle. Crazy? I've seen crazy before and I am sure we in this forum will see crazy more as we fight these B.S. laws. Skateboards? Inline skates? Roller blades? Horses? Cows? Big Dogs? Unicycles? How about riding on someone else's back? How about a non motorized wheelchair? The list grows and grows so basically everything is a "vehicle". I am looking forward to the day these utterly nonsense laws are ripped from the pages of the law books.
:cuss:
 

Interceptor_Knight

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rcawdor57 wrote:
Yep. I know about the definition of "vehicle". The law was written so anything can be interpreted into the meaning of "vehicle". Bicycle is about the only thing NOT specifically listed as a vehicle. I am very familiar with the definitions of vehicle, motor vehicle, yada yada yada. Whomever wrote these laws definitely wanted to STOP all lawful carry of firearms even on private property. Using the definition of "vehicle" in Wisconsin law your shoes and feet can certainly be considered a "vehicle". With that in mind we could never exercise the right to keep and bear arms. I believe that if the police wanted to stop and charge every person open carrying a firearm they could certainly throw our shoes into the definition of vehicle. Crazy? I've seen crazy before and I am sure we in this forum will see crazy more as we fight these B.S. laws. Skateboards? Inline skates? Roller blades? Horses? Cows? Big Dogs? Unicycles? How about riding on someone else's back? How about a non motorized wheelchair? The list grows and grows so basically everything is a "vehicle". I am looking forward to the day these utterly nonsense laws are ripped from the pages of the law books.

If you read the definition in the post a few above, you will see that even a car (or truck or any other type of automobile) is not listed by name as a vehicle...;)

Your shoes and feet do not meet the definition.... yes, it is crazy to suggest that they do...:lol:

I have a call in to the DNR right not and am waiting for their opinion regarding Big Dogs and Emus being vehicles..... :dude:
 

rcawdor57

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LOL! Hey, with people like Pelosi, Reed and Obama anything may be illegal!

“Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway,except railroad trains.


Vehicle is defined over and over in different sections of the code to cover everything possible. I remember reading one the other day where it defined a vehicle as having four rubber tired wheels. So even a Red Flyer wagon is a vehicle. Don't go putting your kiddies in the red wagon with your uncased firearm! LOL. Somewhere in the code it also covers horse drawn wagons (this covers those pesky Amish I am sure). The state is OUT OF CONTROL!:banghead:
 

Interceptor_Knight

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rcawdor57 wrote:
Vehicle is defined over and over in different sections of the code to cover everything possible. I remember reading one the other day where it defined a vehicle as having four rubber tired wheels. So even a Red Flyer wagon is a vehicle. Don't go putting your kiddies in the red wagon with your uncased firearm! LOL. Somewhere in the code it also covers horse drawn wagons (this covers those pesky Amish I am sure).

The definition applicable to the Statute in question (167.31) covers all wagons whether they are horse drawn or not. You may not lay your rifle on a flat hay wagon if it is not unloaded and encased unless you remove the wheels so that it is not mobile. A Red Ryder could technically be covered by this definition. The only definitions which count are the ones specific to the section where 167.31 is found. As an example, in order to get a DUI, it must be a motorized vehicle (346.63). Motor vehicle is defined in 340.01(35) which explicitly covers chapter 346 (340-349 and 351).

A citation for drunken bicycle riding will not effect your Drivers License.
 
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