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Bycicles NOT Vehicles? R.E. CPL

According to Law, can you ride a bike w/out a CPL?

  • yes

    Votes: 0 0.0%
  • no

    Votes: 0 0.0%

  • Total voters
    0

Bronson

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craigm wrote:
How do you figure a definition in one statute does not apply to any other?

Perhaps this:


257.1 Michigan vehicle code; words and phrases defined.



Sec. 1.

The following words and phrases as defined in this chapter and as herein enumerated when used in this act shall, for the purpose of this act, have the meanings respectively ascribed to them in this chapter.

This is the first entry in the Michigan Vehicle Code, Act 300 of 1949.

Bronson
 

Bronson

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Of course there is this too:
750.227c Transporting or possessing loaded firearm in or upon vehicle; violation as misdemeanor; penalty; applicability to person violating MCL 312.10(1)(g).



Sec. 227c.

(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means, a firearm, other than a pistol, which is loaded.

So since a bicycle is neither a motor vehicle nor is it propelled by mechanical means than it would not be a prohibited vehicle as defined by this statute. Even if it were as long as were carrying a pistol you would still be in compliance with this law.

Bronson
 

SpringerXDacp

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Bronson wrote:
Of course there is this too:
750.227c Transporting or possessing loaded firearm in or upon vehicle; violation as misdemeanor; penalty; applicability to person violating MCL 312.10(1)(g).



Sec. 227c.

(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means, a firearm, other than a pistol, which is loaded.

So since a bicycle is neither a motor vehicle nor is it propelled by mechanical means than it would not be a prohibited vehicle as defined by this statute. Even if it were as long as were carrying a pistol you would still be in compliance with this law.

Bronson
227c would apply if you were carrying a rifle or shotgun (not a MI pistol). The "other than a pistol" really means Section 227c does not apply when carrying a pistol and therefore you cannot use this Section to determine if a bicycle is a vehicle or not. The "other than a pistol" is to redirect you to statutes that apply to pistols, IMO. :)
 

SpringerXDacp

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fozzy71 wrote:
Someone needs to man up and be a test case. :uhoh:
udrawminimicro.gif
 

kyleplusitunes

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so if a cop thinks something is legal, it always is?

by that logic, if a cop thinks something is illegal, it always is.

my point being, the cop may have KNOWN about us open carry guys, and knew the can of worms it usually opens when one of them doesn't know the law well enough and tries to enforce it.

DO NOT EVER assume just because one cop sends you on your way, the next one will. Some will look for any and all loopholes if they want to bust you.

So, maybe the cop Fozzy met was thinking "Man, I think this guy is doing something illegal, but I don't want to look like a rookie and bust him on it, then get the whole department on some bad publicity"

Again, ONE COP letting you go is in NO WAY CASE LAW.
 

kyleplusitunes

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also, if you want to get technical, a bicycle is not exclusively human powered, it uses mechanical assistance, converting power from the larger chain wheel to the smaller one.
 

eastmeyers

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fozzy71 wrote:
Someone needs to man up and be a test case. :uhoh:

Like I said I would gladly do this if I didn't have a CPL (which I do), and could ride a bike (which currently I can not). Although to be a test case it would have to go to court, would you not? I don't think that if I were able to do this that I would ever be stoppen in my city, which is the only place I would feel comfortable being arrested (LOL I know :lol:but I don't wanna have to go somewhere else for court all the darn time, its like getting a speeding ticket in another state, what are the chances your going to fight it). Anywho, I stay firm to my opinion that you would be fine, even if stopped I doubt the on-call DA would allow the arrest.

God Bless
 

fozzy71

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kyleplusitunes wrote:
......

Again, ONE COP letting you go is in NO WAY CASE LAW.

I know, I was just trying to stoke the fire.

And on that note, what about recumbent bicycles? :p


eastmeyers wrote:
fozzy71 wrote:
Someone needs to man up and be a test case. :uhoh:

Like I said I would gladly do this if I didn't have a CPL (which I do), and could ride a bike (which currently I can not).  Although to be a test case it would have to go to court, would you not?  I don't think that if I were able to do this that I would ever be stoppen in my city, which is the only place I would feel comfortable being arrested (LOL I know :lol: but I don't wanna have to go somewhere else for court all the darn time, its like getting a speeding ticket in another state, what are the chances your going to fight it).  Anywho, I stay firm to my opinion that you would be fine, even if stopped I doubt the on-call DA would allow the arrest.

God Bless

I am going to print this off and carry it in my wallet. Can I call you for counsel if/when I get stopped? :p
 

eastmeyers

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fozzy71 wrote:
eastmeyers wrote:
Like I said I would gladly do this if I didn't have a CPL (which I do), and could ride a bike (which currently I can not). Although to be a test case it would have to go to court, would you not? I don't think that if I were able to do this that I would ever be stoppen in my city, which is the only place I would feel comfortable being arrested (LOL I know :lol:but I don't wanna have to go somewhere else for court all the darn time, its like getting a speeding ticket in another state, what are the chances your going to fight it). Anywho, I stay firm to my opinion that you would be fine, even if stopped I doubt the on-call DA would allow the arrest.

God Bless

I am going to print this off and carry it in my wallet. Can I call you for counsel if/when I get stopped? :p

You sure can! Infact, you live in Roseville, not too far from me, I will rush right over, and on the way call my lawyer, when I get their I will hand you and/or the officer my phone, and at least you will have counsil. :lol:

God Bless
 

UCWT

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Michigan's concealed weapons statute - MCL 750.227 - makes it illegal to carry a concealed pistol IN a vehicle without a concealed pistol license. Carrying a pistol in plain view on a bicycle is not in a vehicle, thus doing so does not violate the statute.

However, our interpretation is not binding, and there are no court cases applying the statute to bicycles. Therefore, we suggest that you check with the local prosecutor before riding a bicycle with a visible pistol.

Sincerely,

Sgt. Thomas Deasy
Michigan State Police
Legal Resources Unit
714 S. Harrison Rd.
East Lansing, Michigan


As long as the weapon is in plain view you can "open carry" on a bicycle as long as you are not in a pistol free zone.

Best Regards,
Tpr C. Hawkins
Michigan State Police

inquired last year and what i got from them.
little more wood for the fire :celebrate
 

SpringerXDacp

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Keep in mind this is ONLY an opinion and therefore is not binding.

"As long as the weapon is in plain view you can "open carry" on a bicycle as long as you are not in a pistol free zone."

Best Regards,
Tpr C. Hawkins
Michigan State Police

My question would be:How did Tpr Hawkins come to this conclusion? AG Opinion, MCL or Michigan Vehicle Code? The (Hawkins) opinion will not keep you out of the hot seat.
 

fozzy71

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SpringerXDacp wrote:
......
My question would be: How did Tpr Hawkins come to this conclusion?  AG Opinion, MCL or Michigan Vehicle Code?  The (Hawkins) opinion will not keep you out of the hot seat.

Understood, but it is better than nothing. I am single, with a decent (work from home) job, and have some money in my bank account (until I buy more guns). I don't want to be a test case, but someone needs to be. I might be willing to risk it now (except for the Jail part of the fine, someone else needs to handle that part ;) ).

I will probably do as he suggested, and ask the local prosecutor first, to hopefully have a better leg to stand on.
 

malignity

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Can you get a DUI while riding a bicycle?

If so, is there any specific instances where it's happened that anyone can cite?

This may potentially be relevant.
 

Bronson

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My bicycle riding friends tell me that they are supposed to be afforded the same courtesy as any other road vehicle and that they can be ticketed for moving violations if they run stop signs, fail to signal a turn, etc.

I honestly don't have the gumption to verify that information right now.

Bronson
 

UCWT

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Bronson wrote:
My bicycle riding friends tell me that they are supposed to be afforded the same courtesy as any other road vehicle and that they can be ticketed for moving violations if they run stop signs, fail to signal a turn, etc.

I honestly don't have the gumption to verify that information right now.

Bronson

maybe a question for the Amish forum since they probably do it more often then most...:celebrate
 
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