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Carrying on Motorcycle

H

Hillmann

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Jun 30, 2009
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Cameron, Wisconsin, USA
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Hi guys, I used to be on here quite regularly until about six months ago when some things came up and haven’t been back since.

My question is about the legality of carrying a gun, either long gun or pistol, on a motorcycle that doesn’t have racks or saddle bags (and I have no intention of putting either on it). If I had a pistol in a case in a backpack would that technically be illegal, what about if I had an unloaded gun in a holster on my belt that completely enclosed the gun. I am thinking with either of these two ways it would be possible for me to be charged with having a concealed weapon.
 
M

Master Doug Huffman

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across Death's Door on Washington Island, Wisconsi
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Vehicle carry is controlled by §167.31. There is case law arguing that a weapon must also be "out of reach" in addition to the elements of §167.31.

§941.23 concealed carry prohibition does not have an explicit exception to vehicle carry and its annotations make the elements for the crime include the facts of improper vehicle carry.

I-ANAL and a coward.
 
AaronS

AaronS

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Milwaukee, Wisconsin, USA
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Hillmann wrote:
Hi guys, I used to be on here quite regularly until about six months ago when some things came up and haven’t been back since.

My question is about the legality of carrying a gun, either long gun or pistol, on a motorcycle that doesn’t have racks or saddle bags (and I have no intention of putting either on it). If I had a pistol in a case in a backpack would that technically be illegal, what about if I had an unloaded gun in a holster on my belt that completely enclosed the gun. I am thinking with either of these two ways it would be possible for me to be charged with having a concealed weapon.
Click to expand...


As far as the law goes, I do not see any other way for you to transport a handgun on a bike. The backpack is about the only thing that would work (if you have no bags). I can tell you that if the "wrong" cop pulls you over, you might have an issue, but I would add that I would bet $100 that your case would be dropped in court, as the judge will not be able to come up with a better way of transport (on your bike). If it helps at all, I would not fear riding my bike with a back pack on. The back pack is your trunk (on your bike).

The only thing I can ask, is that you just remember to use your turn signals. I just hate bikers that won't signal a lane change... Yea, I ride too...

Keep the rubber side down, but ride it like you stole it!

Aaron
 
H

Hillmann

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Cameron, Wisconsin, USA
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Unfortunately I already knew that. I guess I was hoping that something had happened in the last six months or so to clarify that because there are many vehicles that can't have the gun out of reach. I plan to use the bike for off road riding in the blue hills and since I have came across "gardens" up there well trout fishing I don't really want to be up their unarmed. Although in a case in a backpack probably wouldn't do me much good if I needed it, nor would unloaded in a holster. Another example of Wisconsin law giving the criminal the upper hand.
 
H

Hillmann

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Cameron, Wisconsin, USA
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AaronS wrote:
The only thing I can ask, is that you just remember to use your turn signals. I just hate bikers that won't signal a lane change... Yea, I ride too...

Keep the rubber side down, but ride it like you stole it!

Aaron
Click to expand...
My bike has a 6 volt system so weather I use my signals or not it doesn't matter because they aren't bright enough to be seen.
 
Q

qball54208

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GREEN BAY, Wisconsin, USA
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It probably be best if you had it in a locked case, in your back pack. Although it better transported in an attached hard case/saddle bag that locks as well.
There are, as I recall 3 ways a LEO can search you bag, 1. With consent 2. Search Incident to Arrest 3. Probable Cause.
And as well if you were in a car/truck it could be searched if the Vehicle were to be Impounded (by Police/Sheriffs Dept) called a Vehicular Inventory, which kind of falls into Search Incident to Arrest.
If LEO has no PC or RS and ask for your consent (to search) you have the RIGHT to say NO!
As it goes, LEO are there to enforce the Laws, not to interpit them, that is for a Lawyer to argue with a Judge about, not a Road Side practice.
Good luck and welcome back!
 
bluehighways

bluehighways

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wisconsin
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Hillmann wrote:
       I plan to use the bike for off road riding in the blue hills and since I have came across "gardens" up there well trout fishing I don't really want to be up their unarmed. 
Click to expand...


I started exploring the Blue Hills area about 13 years ago and have also stumbled upon "growing operations" back in the sticks.

:what:
 
H

Hillmann

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Joined
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Cameron, Wisconsin, USA
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bluehighways wrote:
Hillmann wrote:
I plan to use the bike for off road riding in the blue hills and since I have came across "gardens" up there well trout fishing I don't really want to be up their unarmed.
Click to expand...


I started exploring the Blue Hills area about 13 years ago and have also stumbled upon "growing operations" back in the sticks.

:what:
Click to expand...
Nothing was growing yet (at least as far as I know) but it was obvious that someone had cleared the undergrowth and were prepairing the soilto use it for something, and being 2 miles or so from the nearest road or open trail I can guess what they had planned it for. Although it is possible, but unlikely that they were illegally using it as a feed plot for deer. Since then I don't go trout fishing unprepaired.
 
rcawdor57

rcawdor57

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The inventory search is another "legal" way to circumvent the 4th amendment. Mount a safe in your trunk (bolt it down) and keep your valuables inside the safe. I saw a police officer "confiscate" a Mustang (the car of course) because the lady inside could not find her proof of insurance (Nevada). Of course the lady was left on foot and the police officer then "searched" err....I mean "inventoried" the contents of the vehicle for her safety.
 
M

Master Doug Huffman

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How do you escape the elements of §941.23 that does not have an exception for transportation.

To “go armed” does not require going anywhere. The elements for a violation of
s. 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach;
2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden.
State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
 
rcawdor57

rcawdor57

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Master Doug Huffman wrote:
How do you escape the elements of §941.23 that does not have an exception for transportation.

To “go armed” does not require going anywhere. The elements for a violation of
s. 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach;
2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden.
State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
Click to expand...
Yep. The law(s) are ridiculous. These laws are DESIGNED so we cannot exercise the RIGHT to keep and bear arms. No doubt about it and we all know it.

True about the search function! This is an old question that comes up quite a bit.

Carry on.....:cry:
 
M

Master Doug Huffman

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Messages
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across Death's Door on Washington Island, Wisconsi
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rcawdor57 wrote:
Master Doug Huffman wrote:
How do you escape the elements of §941.23 that does not have an exception for transportation.

To “go armed” does not require going anywhere. The elements for a violation of
s. 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach;
2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden.
State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
Click to expand...
Yep. The law(s) are ridiculous. These laws are DESIGNED so we cannot exercise the RIGHT to keep and bear arms. No doubt about it and we all know it.

True about the search function! This is an old question that comes up quite a bit.

Carry on.....:cry:
Click to expand...
The search function is useless if you don't read what it produces.
 
opusd2

opusd2

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Oct 1, 2008
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453
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Butt is in, Wisconsin, USA
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And here I've always wanted a leather scabbard for the front forks to carry my long gun...

Anyway, I carry mine in one of the saddle bags, towards the bottom, in a locked case. The ammo in the other side. To me that's been my definition of legal, and think I'm in the right.

Of course, that's just my view.

Now to get that nice leather scabbard! That would just look so cool. I suppose a locking one form an atv should suffice, but who knows.

Anyone?
 
D

Dustiniac

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Joined
Jan 1, 2010
Messages
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, Wisconsin, USA
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Master Doug Huffman wrote:
rcawdor57 wrote:
Master Doug Huffman wrote:
How do you escape the elements of §941.23 that does not have an exception for transportation.

To “go armed” does not require going anywhere. The elements for a violation of
s. 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach;
2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden.
State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
Click to expand...
Yep. The law(s) are ridiculous. These laws are DESIGNED so we cannot exercise the RIGHT to keep and bear arms. No doubt about it and we all know it.

True about the search function! This is an old question that comes up quite a bit.

Carry on.....:cry:
Click to expand...
The search function is useless if you don't read what it produces.
Click to expand...
Cased and locked is not within reach. Many many others agree on this, including law enforcement and lawyers.
 
Tree_Planter

Tree_Planter

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, ,
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State v. Keith is one part of the equation. Also see State v. Walls where the court said a handgun on a car seat is not readily discernible to ordinary observation from certain vantage points outside the car, and therefore hidden, and therefore concealed.

It is somewhat like saying a neighbor saw someone with a gun and called police, therefore there was a disturbance, therefore there is evidence of conduct that is disorderly, and the individual did have a gun, which facilitated the call to police, so therefore it is disorderly conduct while armed, which poses a threat of lethal force to the general public, which is a felony, so you are being arrested on Felony Disorderly Conduct While Armed.

Brad Krause
Instructor, Wisconsin Civil Rights Advocate, and someone who still plants trees armed
 
Last edited:
D

Dustiniac

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, Wisconsin, USA
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Master Doug Huffman wrote:
Dustiniac wrote:
Cased and locked is not within reach. Many many others agree on this, including law enforcement and lawyers.
Click to expand...
The conspiracy of ignorance masquerades as common sense. You're right, go rub a cops nose in it.
Click to expand...
Doug, shove it. You can have your opinions, but who do you think you are getting off insulting everyone on here when they don't agree with what you say? Get off your high horse. You are a sad pathetic man.
 
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