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Thread: OC on motorcycle?

  1. #1
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    OC on motorcycle?

    With the checkerboard open carry laws in our state, does anyone know if open carry on a motorcycle is legal when traveling. Let's say that you are traveling from one town to another that allows open carry, but take the highway through a town that doesn't. If just passing through, no stops, would you be legal or not? I normally lock my gun in my saddlebags but curiosity has gotten the better of me.

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    Motorcycle=car=home under Missouri law. On your bike you can carry however you choose, but stop to get gas with a pistol on your hip and local law applies. Stop, disarm, destraddle, and you're within law. Stop, destraddle, disarm and you could be in some hot water.

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    Regular Member Preacher Jim's Avatar
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    I rode to the greet and meet at Independence, Mo yesterday OCing.( about 475 miles round trip) When I stopped for gas I covered. Stopped about a month ago. Wanted me to cover because he said he had a call about me carrying. Ask if I could go he yes. Pull away rockin out with my Glock out. No I didn't cover he knew I knew my rights. Ride safe. (carry)

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    Regular Member sohighlyunlikely's Avatar
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    Quote Originally Posted by Justin View Post
    Motorcycle=car=home under Missouri law. On your bike you can carry however you choose, but stop to get gas with a pistol on your hip and local law applies. Stop, disarm, destraddle, and you're within law. Stop, destraddle, disarm and you could be in some hot water.
    I OC while riding on occasion and have researched it. I'm afraid it doesn't quite work that way. I know of people who have been ticketed for having a gun on a window rack of a truck and gotten ticketed when driving through a non-OC legal town.

    Doc


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    Regular Member Preacher Jim's Avatar
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    Doc just looked this up.
    •This prohibition does not apply to possession in a person’s dwelling, while hunting or while traveling in a continuous journey through the state.
    I found this under Missouri new gun laws.
    Last edited by Preacher Jim; 10-10-2010 at 11:45 AM.

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    Regular Member sohighlyunlikely's Avatar
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    Quote Originally Posted by Preacher Jim View Post
    Doc just looked this up.
    •This prohibition does not apply to possession in a person’s dwelling, while hunting or while traveling in a continuous journey through the state.
    I found this under Missouri new gun laws.
    When it comes to Peaceable Journey law. Some anti OC jurisdictions will allow OC under peaceable journey law, but some still have written laws that make it illegal to OC even while travailing under the peaceable journey law. They use this state law to back their position.

    21.750.3 Nothing contained in this section shall prohibit any ordinance of any political subdivision which conforms exactly with any of the provisions of sections 571.010 to 571.070, RSMo, with appropriate penalty provisions, or which regulates the open carrying of firearms readily capable of lethal use or the discharge of firearms within a jurisdiction, provided such ordinance complies with the provisions of section 252.243, RSMo.

    Doc

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    Quote Originally Posted by sohighlyunlikely View Post
    I OC while riding on occasion and have researched it. I'm afraid it doesn't quite work that way. I know of people who have been ticketed for having a gun on a window rack of a truck and gotten ticketed when driving through a non-OC legal town.

    Doc

    Don't laugh at me when I ask this Doc, but is that a Kawi Meanstreak? Looks like the Midnight Warrior rims with that red stripe, clearly not though with those rear shocks.

    Gotta love shotgun exhaust accompanied by a fire breathing pistola.

    Did they get their ticket pre-Castle Doctrine? The back window issue would be plain view which might violate the 'concealed within the vehicle', but certainly would be within the 'so long as it is not removed from the vehicle' portion.

    I really like the OP's question. It's a different aspect altogether and a tough one for some. Using Doc's picture, it's impossible to get it to fall within the Castle Doctrine. As Doc also stated, it's going to be a peacable journey issue as well as an OC issue. Time to hit Jefferson City up with this issue?
    Last edited by heresyourdipstickjimmy; 10-12-2010 at 03:53 PM.

  8. #8
    Regular Member cshoff's Avatar
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    Quote Originally Posted by Justin View Post
    Motorcycle=car=home under Missouri law. On your bike you can carry however you choose, but stop to get gas with a pistol on your hip and local law applies. Stop, disarm, destraddle, and you're within law. Stop, destraddle, disarm and you could be in some hot water.
    That is inaccurate. Nowhere in the Missouri Weapons Laws is there any statute that renders your automobile or motorcycle an extension of your home. You are confusing weapons laws with use of force laws and our use of force laws have absolutely no bearing on where you can or can't lawfully carry a firearm either openly or concealed. If you openly display a firearm in a jurisdiction where there is an ordinance against it, be it while you are riding a motorcycle or driving your vehicle, you will be subject to the consequences of that ordinance.

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    Regular Member cshoff's Avatar
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    Quote Originally Posted by heresyourdipstickjimmy View Post
    Don't laugh at me when I ask this Doc, but is that a Kawi Meanstreak? Looks like the Midnight Warrior rims with that red stripe, clearly not though with those rear shocks.

    Gotta love shotgun exhaust accompanied by a fire breathing pistola.

    Did they get their ticket pre-Castle Doctrine? The back window issue would be plain view which might violate the 'concealed within the vehicle', but certainly would be within the 'so long as it is not removed from the vehicle' portion.

    I really like the OP's question. It's a different aspect altogether and a tough one for some. Using Doc's picture, it's impossible to get it to fall within the Castle Doctrine. As Doc also stated, it's going to be a peacable journey issue as well as an OC issue. Time to hit Jefferson City up with this issue?
    Except "peaceable journey" only applies to concealed firearms (specifically, our "peaceable journey" provision exempts you from RSMO 571.030 (1) - nothing more, nothing less). Until we get OC Preemption, this will continue to be a problem.

  10. #10
    Regular Member sohighlyunlikely's Avatar
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    Quote Originally Posted by heresyourdipstickjimmy View Post
    Don't laugh at me when I ask this Doc, but is that a Kawi Meanstreak? Looks like the Midnight Warrior rims with that red stripe, clearly not though with those rear shocks.

    Gotta love shotgun exhaust accompanied by a fire breathing pistola.

    Did they get their ticket pre-Castle Doctrine? The back window issue would be plain view which might violate the 'concealed within the vehicle', but certainly would be within the 'so long as it is not removed from the vehicle' portion.

    I really like the OP's question. It's a different aspect altogether and a tough one for some. Using Doc's picture, it's impossible to get it to fall within the Castle Doctrine. As Doc also stated, it's going to be a peaceably journey issue as well as an OC issue. Time to hit Jefferson City up with this issue?
    The Bike is a Harley Davidson "Night Rod Special".

    I'm (mostly) with Cshoff on this one. Castle Doctrine is for dwelling use only. Peaceable Journey laws do give some extra exemptions to vehicle carry but half or more of anti-OC jurisdictions still make OC in a vehicle illegal using the authority granted to them by 21.750.3.

    Doc

    Last edited by sohighlyunlikely; 10-12-2010 at 07:17 PM. Reason: added (mostly) Cshoff must have posted a response while I was typing.

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    Sahweet V-Rod!

    I'm with you both on the home/castle issue. Legislators wouldn't need to keep adding things like extending to your vehicle if some other legislator or LEO wasn't pushing the envelope to the point that we hear "There's nothing in the law saying you can, so it must be illegal".

    Of course, I'm a firm believer that the black and white is "Shall not be infringed" and politicians simply do not get that it's cut and dry, there is no gray area.

    Their loophole is fast becoming an issue that needs prompt addressing in Jefferson City.
    Last edited by heresyourdipstickjimmy; 10-13-2010 at 12:07 PM.

  12. #12
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    Quote Originally Posted by sohighlyunlikely View Post
    The Bike is a Harley Davidson "Night Rod Special".

    I'm (mostly) with Cshoff on this one. Castle Doctrine is for dwelling use only. Peaceable Journey laws do give some extra exemptions to vehicle carry but half or more of anti-OC jurisdictions still make OC in a vehicle illegal using the authority granted to them by 21.750.3.

    Doc

    Nice bike, beats my 81 honda by a long shot. The thing that actually made me ask was that I have been toying with the idea of making my bike a bobber over the winter.

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