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Thread: Motorcycle question

  1. #1
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    I tried searching for it but couldn't find anything. My friend was wondering ifOC is legal on a motorcycle. I would think it would but I am not 100% on the laws. I saw the youtube video, but you can miss alot.

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    Regular Member FatboyCykes's Avatar
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  3. #3
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    You can, but you need a CPL to do it.

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    stainless1911 wrote:
    You can, but you need a CPL to do it.
    actually, it is a grey area. not recommened without cpl, but not necessarily illegal.

    It is not expressly prohibited by any statute and a case involving open carry on a motorcycle has not yet been heard.

    I would recommend not oc'ing on a motorcycle without cpl unless you want to be the test case....but you may very well win your case.
    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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    Regular Member FatboyCykes's Avatar
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    Anti-Saldana Freedom Fighter Venator's Avatar
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    BreakingTheMold wrote:
    The actually refers to motor vehicles, including boats and motor cycles. But not bicycles or horses.
    Not totally true. Some of the statutes just say vehicles without definition. The broadest definition of a vehicle could include a bike or a horse. This has been discussed ad nauseum in previous threads. Do a search.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    the important part of the statute here in Michigan is "in a vehicle"

    if you are ON the motorcycle and the pistol is being open carried ON your hip, the pistol is not IN the motorcycle.

    (2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
    http://www.legislature.mi.gov/%28S%2...20AND%20pistol

    one of the lower courts in michigan did find that carrying a pistol concealed under the seat/gas tank of your motorcycle would in fact violate the statute. (that's a no brainer!)

    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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    Venator wrote:
    BreakingTheMold wrote:
    The actually refers to motor vehicles, including boats and motor cycles. But not bicycles or horses.
    Not totally true.* Some of the statutes just say vehicles without definition.* The broadest definition of a vehicle could include a bike or a horse.* This has been discussed ad nauseum in previous threads.* Do a search.
    what i was told by MSP was a bicycle is not a vehicle but a device because it is human powered. where a horse and a motorcycle do not have a enclosed passenger compartment but are not human powered so fall under the vehicle definition.

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    for the purposes of this statue, it makes little difference if a motorcycle or a horse is a vehicle, as long as you are not transporting your pistol in the horse or in the motorcycle.
    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.

  11. #11
    Michigan Moderator Big Gay Al's Avatar
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    lapeer20m wrote:
    for the purposes of this statue, it makes little difference if a motorcycle or a horse is a vehicle, as long as you are not transporting your pistol in the horse or in the motorcycle.
    I wouldn't count on the law getting that specific with regards to using "in" versus "on."

    They typically go with the rule that suits their point of view. And if that point of view is that "OC is baaaad," well, I for one don't want to be a test case.
    Big Gay Al
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    Fabrique Nationale d'Herstal FNX-45 .45ACP 16 rounds of hurt.

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