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Thread: Does 'on foot' include a bicycle?

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    Does 'on foot' include a bicycle? I say yes, but I would like other's opinions. Additionally, if there is any case law on the subject I would appreciate the cites to such holdings. Thanks in advance.

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    Regular Member Dreamer's Avatar
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    That would depend on whether your locality requires bicycles to be registered, licensed, or taxed. If you have to have a sticker for your bike, then I would say that it qualifies as a "vehicle"...

    In many municipalities, you can be charged with DWI (not DIP) if you are riding a bicycle while intoxicated...

    But I'm assuming you are asking this for the purposes of determining whether you need to carry an ID while riding a bike, correct? That is ENTIRELY dependent on your local laws...

    Call your citie's Attorney, or look it up at the library or on Municode.com
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    UncleWolfie wrote:
    Does 'on foot' include a bicycle? I say yes, but I would like other's opinions. Additionally, if there is any case law on the subject I would appreciate the cites to such holdings. Thanks in advance.
    The words "on foot" and "afoot" come from court rulings and AG opinions. The way the law reads, you need a permit to carry concealed or in a vehicle. A bicycle is not a vehicle because the Code defines vehicles as being "propelled by machinery." A bicycle is propelled by human power.

    However, IANAL.

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    Thank you for your replies. I just wanted to be sure.

    I try and ride at least 10 miles a day several times a week. I have open carried while riding on two occasions over the past couple of months.

    The other day I took my usual ride and open carried. I don't ride on the street, but the sidewalk. I was passed several times by local police in both marked and unmarked cars. At one point a marked car traveling in the same direction as I was slowed down just up the road a bit and then turned into a small shopping center just as I was reaching his location. I was on the sidewalk and stopped to allow him access to the parking lot.

    This particular location was not where one normally sees a police officer and this was about 7:30pm. I thought maybe he was checking me out. A few minutes later there was an unmarked car that passed me about a mile from the location described above.

    It may be that they weren't paying any attention to me and that I was seeing them because I was expecting to be harassed. Anyway, I made it home about 20 minutes later without incident.

    Just want to have understanding in order if I am stopped at any point.

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    On bicycle is "on foot". And you can't be charged with a DUI, but they can bust you with Public Intoxication. Also, as a bicyclist, you should know that the law is that a bicycle is just like any other vehicle, except forbidden from riding on the interstates and sidewalks.

    And I've yet to see Birmingham PD write anyone a ticket on a bicycle, drunk, stupid or otherwise. Have sense to clear the intersection before you blow through the red light.
    It takes a village to raise an idiot.

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    Dreamer wrote:
    That would depend on whether your locality requires bicycles to be registered, licensed, or taxed. If you have to have a sticker for your bike, then I would say that it qualifies as a "vehicle"...

    In many municipalities, you can be charged with DWI (not DIP) if you are riding a bicycle while intoxicated...

    But I'm assuming you are asking this for the purposes of determining whether you need to carry an ID while riding a bike, correct? That is ENTIRELY dependent on your local laws...

    Call your citie's Attorney, or look it up at the library or on Municode.com
    Remember, this is Alabama. A few years back a woman up in the northern part of the state got a DUI while on horse back. Not sure if it held up in court, but that is what the LEO charged her with. Will have to look to see if I can find a link to the story.

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    In TN, a man was charged with DUI for riding a horse drunk. It was dismissed, as he was able to prove that the horse was in command and knew the way home.
    It takes a village to raise an idiot.

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    Kirbinator wrote:
    In TN, a man was charged with DUI for riding a horse drunk. It was dismissed, as he was able to prove that the horse was in command and knew the way home.
    The question is, was the horse sober?

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    Here is the 2007 Sylvania, AL story... http://www.associatedcontent.com/art...or.html?cat=17

    Still not sure how the dui ended up, but I am sure she has/is spending some time due to her other infractions.

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    With a rap sheet like that, I'm sure it worked out well for her. After all, we're paying for her lawyer and the horse is probably wound up in a rescue, sold, or put down.
    It takes a village to raise an idiot.

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    eye95 wrote:
    Kirbinator wrote:
    In TN, a man was charged with DUI for riding a horse drunk. It was dismissed, as he was able to prove that the horse was in command and knew the way home.
    The question is, was the horse sober?
    If the Prosecution can't prove the horse was NOT sober then by definition is was sober!

    An old outdated concept here.... you all know it!

    Innocent until proven guilty!:celebrate
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

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    eye95 wrote:
    Kirbinator wrote:
    In TN, a man was charged with DUI for riding a horse drunk. It was dismissed, as he was able to prove that the horse was in command and knew the way home.
    The question is, was the horse sober?
    "No sir -- that's not liquor on my breath. Someone fed me the wrong kind of corn. Wiiiiilbur!!!"
    It takes a village to raise an idiot.

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    ~1973 I remember my neighbor getting a speeding ticket for going 85mph
    on his bike. Never knew if he beat the rap. About 18 months ago I saw B'hams
    finest with a bicyclist face down and spread out on the asphalt by golden flake.
    Since you didn't mention it, I assume it wasn't you with the boot on your neck OC'ing.

    But you are really pressing your luck riding 10 miles in this heat,
    ever hear of a stroke, heat exhaustion? Why you could pass out and wake
    up with an empty holster in a GFZ hospital bed.

    Has it crossed your mind that your safety gear was not attached to your head correctly.
    They were trying to determine if your chin strap was frayed for a terry stop.
    Cracked reflectors, pedal reflector missing, worn tire tread, public indecency
    with my backside sqeezed into spandex shorts, and I have one to many parts
    for a fast getaway.
    Nope, too many obscure bicycle laws, and grey areas for me to risk it.

    Have you practiced hitting your target at a full pedal retreat?
    Riding down a staircase?
    Letting bike fly out from under you while you draw and fire while landing on your butt?
    Face first over handlebars shooting over shoulder?
    Lots of painful practicing for that mode of travel. :shock:



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    depends from state to state,and probably municipality to municipality in some cases.

    in Michigan,we consider it to be a Grey area pending an AG opinion,and do not recommend anyone without a conceal permit to try it just in case(people in our state are not currently allowed on/in vehicles armed unless they have a cpl)
    not a lawyer, dont take anything i say as legal advice.


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    SlackwareRobert wrote:
    Have you practiced hitting your target at a full pedal retreat?
    Riding down a staircase?
    Letting bike fly out from under you while you draw and fire while landing on your butt?
    Face first over handlebars shooting over shoulder?
    Wait, are we talking about just riding a bike, or auditioning for a Quentin Tarantino flick? I mean, I can do a J-turn at speed, but I would never consider it a requisite driving skill.

    Not to derail the thread, but I think this whole topic just underlines the absurdity of Alabama's stance toward carrying in a vehicle. After -52 and the public demo law, that would be my next target.

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    "Be cool. Tell this bitch to chill."
    It takes a village to raise an idiot.

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    UncleWolfie wrote:
    Does 'on foot' include a bicycle?
    Well....

    I guess it depends on whether you are pushing the bike, carrying the bike, or riding the bike.

    And whether your horse is sober.


    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    eye95 wrote:
    Kirbinator wrote:
    In TN, a man was charged with DUI for riding a horse drunk. It was dismissed, as he was able to prove that the horse was in command and knew the way home.
    The question is, was the horse sober?
    I don't know why, but I find this question hilarious! I cannot stop laughing.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Here is a drunken rider and horse. On topic, he is OCing.



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    Deacon Blues wrote:
    ....

    Not to derail the thread, but I think this whole topic just underlines the absurdity of Alabama's stance toward carrying in a vehicle. After -52 and the public demo law, that would be my next target.
    Perhaps another change should also have a reasonable high priority:

    Section 13A-11-75License to carry pistol in vehicle or concealed on person - Issuance; term; form; fee; revocation. The sheriff of a county, upon the application of any person residing in that county, may issue a

    license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is not an unsuitable person to be so licensed as defined in Section 13A-11-76. The license shall be in triplicate, in form to be prescribed by the Secretary of State, and shall bear the name, address, description, and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, the duplicate shall, within seven days, be sent by registered or certified mail to the Director of Public Safety, and the triplicate shall be preserved for six years by the authority issuing the same. The fee for issuing such license shall be one dollar ($1) which shall be paid into the county treasury unless otherwise provided by local law. Prior to issuance of a license, the sheriff shall contact available local, state, and federal criminal history data banks to determine whether possession of a firearm by an applicant would be a violation of state or federal law. The sheriff may only revoke a license upon proof that the licensee is not a proper person to be licensed as defined in Section 13A-11-76.
    (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §177; Acts 1947, No. 616, p. 463, §5; Acts 1951, No. 784, p. 1378; Code 1975, §13-6-155; Act 2006-551, p. 1268, §1.)

    This would, it seems, restrict the arbitrary or denial of a license without good cause.

    AFM


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    AlabamaFamilyMan wrote:
    Deacon Blues wrote:
    ....

    Not to derail the thread, but I think this whole topic just underlines the absurdity of Alabama's stance toward carrying in a vehicle. After -52 and the public demo law, that would be my next target.
    Perhaps another change should also have a reasonable high priority:

    Section 13A-11-75
    REPEALED
    There ya go. And take -52 and (what is it...-73?) with it.

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