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Motorcycle question

R

robbielp539

Regular Member
Joined
Mar 9, 2010
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11
Location
Wyandotte, Michigan, USA
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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.
 
L

lapeer20m

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Jul 22, 2009
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Near Lapeer (Hadley), Michigan, USA
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stainless1911 wrote:
You can, but you need a CPL to do it.
Click to expand...

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.
 
Venator

Venator

Anti-Saldana Freedom Fighter
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Jan 10, 2007
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6,462
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Lansing area, Michigan, USA
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BreakingTheMold wrote:
The actually refers to motor vehicles, including boats and motor cycles. But not bicycles or horses.
Click to expand...
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.
 
L

lapeer20m

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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.
Click to expand...
http://www.legislature.mi.gov/(S(dq...concealed OR otherwise AND vehicle AND pistol

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!)
 
U

UCWT

Regular Member
Joined
Aug 29, 2009
Messages
119
Location
, , USA
imported post

Venator wrote:
BreakingTheMold wrote:
The actually refers to motor vehicles, including boats and motor cycles. But not bicycles or horses.
Click to expand...
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.
Click to expand...

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.
 
Big Gay Al

Big Gay Al

Michigan Moderator
Joined
Aug 27, 2006
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1,944
Location
Mason, Michigan, USA
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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.
Click to expand...
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. :)
 
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