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Thread: Open carry on a motorcycle

  1. #1
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    I live in Michigan, and I have a cpl , Is it true that I can open carry while riding my motorcycle.

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    yes
    keep your cpl with you since it is a gray area though

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    Regular Member kyleplusitunes's Avatar
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    even if it was considered concealed on your bike, you have a cpl so of course you could conceal it in the open on your bike

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    Regular Member malignity's Avatar
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    Beerme wrote:
    yes
    keep your cpl with you since on a vehicle, regardless of what type, you are considered 'concealed'
    Fixed.
    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

  5. #5
    Regular Member malignity's Avatar
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    Kyle beat me to it.
    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

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    Welcome

  7. #7
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    Yes, you can oc on a motorcycle with cpl, no problem. 100% legal, no gray area.

    however, the following quote is not true.


    malignity wrote:
    Beerme wrote:
    ......., regardless of what type, you are considered 'concealed'
    A pistol in a vehicle is not necessarily physically or legally concealed. The law recognizes that without cpl it would be illegal to carry a pistol "concealed or otherwise" in a vehicle. "otherwise" would be any method of carry that is not concealed. The law recognizes that it is in fact possible to carry a pistol that is not concealed in a vehicle. ie: a pistol on your car dashboard, or plastered to the rear window of your truck would not necessarily be concealed, although still illegal without cpl.

    (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.
    Back to the question of open carry on motorcycle. We have beat this horse to death many times, but the consensus is that while appearing to be technically legal, according to the statute, there has been no clear court case that definitively says yes or no. The risk is not worth the penalty, so it is unwise to open carry on a motorcycle without cpl. There was a court case that decided that a known felon who had a pistol concealed under the seat/gas tank of his motorcycle did violate the statute because the pistol was "within the area of" the motorcycle. Some have interpreted this to mean that a pistol anywhere near a motorcycle is in violation of the statute. Here is how i read it. If you draw a box on a sheet of paper, and want to calculate "the area of" the box, you would multiply L x W. That formula would cover the area within the box. Anything outside of that box would not be considered within the area of the box. This is like 6th grade geometry.

    The reason it most likely IS legal to oc on a motorcycle without cpl is that the law states that a pistol cannot be carried "IN A VEHICLE" (without cpl) and neither you nor the pistol is in a vehicle when you oc on a motorcycle. If oc on a motorcycle is not permissible, then oc on a horse or bicycle would fall into the same category. Sgt Deasy of the MSP wrote a great letter with his opinion of how oc on a motorcycle without cpl would not violate the statute. Furthermore....the legislature was abundantly clear that you cannot carry a loaded long gun "in or upon" a vehicle. By not using the phrase "in or upon" a vehicle in regards to pistols, it seems they were in fact giving permission to oc on a motorcycle, bicycle, horse etc.

    My opinion is that while it is almost certainly permissible to oc on a motorcycle without a cpl, it is unwise to do so.

    Oc on a motorcycle with CPL = Perfectly legal, no gray area!
    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.

  8. #8
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    lapeer20m wrote:
    Yes, you can oc on a motorcycle with cpl, no problem. 100% legal, no gray area.

    however, the following quote is not true.


    malignity wrote:
    Beerme wrote:
    ......., regardless of what type, you are considered 'concealed'
    A pistol in a vehicle is not necessarily physically or legally concealed. The law recognizes that without cpl it would be illegal to carry a pistol "concealed or otherwise" in a vehicle. "otherwise" would be any method of carry that is not concealed. The law recognizes that it is in fact possible to carry a pistol that is not concealed in a vehicle. ie: a pistol on your car dashboard, or plastered to the rear window of your truck would not necessarily be concealed, although still illegal without cpl.

    (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.
    Back to the question of open carry on motorcycle. We have beat this horse to death many times, but the consensus is that while appearing to be technically legal, according to the statute, there has been no clear court case that definitively says yes or no. The risk is not worth the penalty, so it is unwise to open carry on a motorcycle without cpl. There was a court case that decided that a known felon who had a pistol concealed under the seat/gas tank of his motorcycle did violate the statute because the pistol was "within the area of" the motorcycle. Some have interpreted this to mean that a pistol anywhere near a motorcycle is in violation of the statute. Here is how i read it. If you draw a box on a sheet of paper, and want to calculate "the area of" the box, you would multiply L x W. That formula would cover the area within the box. Anything outside of that box would not be considered within the area of the box. This is like 6th grade geometry.

    The reason it most likely IS legal to oc on a motorcycle without cpl is that the law states that a pistol cannot be carried "IN A VEHICLE" (without cpl) and neither you nor the pistol is in a vehicle when you oc on a motorcycle. If oc on a motorcycle is not permissible, then oc on a horse or bicycle would fall into the same category. Sgt Deasy of the MSP wrote a great letter with his opinion of how oc on a motorcycle without cpl would not violate the statute. Furthermore....the legislature was abundantly clear that you cannot carry a loaded long gun "in or upon" a vehicle. By not using the phrase "in or upon" a vehicle in regards to pistols, it seems they were in fact giving permission to oc on a motorcycle, bicycle, horse etc.

    My opinion is that while it is almost certainly permissible to oc on a motorcycle without a cpl, it is unwise to do so.

    Oc on a motorcycle with CPL = Perfectly legal, no gray area!
    ATTENTION STOP MISQUOTING ME
    Maliginty changed my post to what he believed it should be that is not my view
    I said without a CPL IT IS A GRAY AREA
    with a CPL IT IS FINE

  9. #9
    Regular Member EM87's Avatar
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    Perhaps OC on a motorcycle without a CPL would be unlawful because of the pistol transport law?
    "You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87

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    I dont think that would be relevant, if youre referring to 231a, because you cant OC without a CPL on a vehicle. The only way to transport on avehicle is seen here.

    (d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.





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