Results 1 to 13 of 13

Thread: Storing my firearm in my bike.....

  1. #1
    Regular Member
    Join Date
    Nov 2010
    Location
    Kentucky
    Posts
    222

    Storing my firearm in my bike.....

    Does KRS 527.020 provide protection in the storage compartment under the seat of my sport bike?

    KRS 527.020 paragraph (8)

    (8) A firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in a glove compartment, regularly installed in a motor vehicle by its manufacturer, regardless of whether said compartment is locked, unlocked, or does not have a locking mechanism. No person or organization, public or private, shall prohibit a person from keeping a firearm or ammunition, or both, or other deadly weapon in a glove compartment of a vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction.

    It is the only compartment in my bike, it is OEM and it is where I put my gloves so.....

    I know that the Kentucky Supreme Court made a ruling that the compartment had to be in the dash, thereby eliminating the center console in a car as legal.

    But what if there isn't a compartment in the dash?
    Last edited by UnfetteredMight; 02-17-2011 at 11:56 PM.

  2. #2
    Regular Member
    Join Date
    Mar 2009
    Location
    Central KY
    Posts
    917
    Nope, I believe they're very serious about it being in a traditional, actual glove compartment. I think there is a bill to allow carry in center consoles that is being in considered. Either way, I don't think it'll help you out at all.

  3. #3
    Regular Member
    Join Date
    Nov 2010
    Location
    Kentucky
    Posts
    222
    Quote Originally Posted by gutshot View Post
    This years HB113 has a solution for that. Now we need to get it passed.
    Agreed.

    It was only a problem when I had a passenger as their leg wraps right through where the gun is when I'm OCing. I'll just have to keep it their for now, keeps the tailgaters off of me anyway lol.

  4. #4
    Regular Member
    Join Date
    Jun 2010
    Location
    Gravel Switch, KY
    Posts
    544
    What's the law say about having a loaded handgun in the trunk of a car, way far out of the driver's reach?
    Last edited by flb_78; 02-18-2011 at 01:22 PM.

  5. #5
    Activist Member
    Join Date
    Dec 2010
    Location
    Ashland, KY
    Posts
    1,847
    you can keep a loaded gun visible in your vehicle, in the glove box, or in the trunk of your vehicle. However, their is no krs that covers what could be considered a glove box on a motorcycle. Keep it on your side and you will be ok.

  6. #6
    Regular Member
    Join Date
    Nov 2010
    Location
    Kentucky
    Posts
    222
    Quote Originally Posted by KYGlockster View Post
    you can keep a loaded gun visible in your vehicle, in the glove box, or in the trunk of your vehicle. However, their is no krs that covers what could be considered a glove box on a motorcycle. Keep it on your side and you will be ok.
    I wouldn't try having a loaded gun in the trunk. I don't know of anywhere that the KRS defines "concealed deadly weapon", so there is no distinction between loaded and unloaded qualifying it as a deadly weapon. By a strict reading of the law, even an unloaded weapon in the trunk is concealed, but I doubt you would find any LEOs throwing a fit unless the gun was loaded, but they might make a different interpretation for a handgun vs long gun.

    It also sucks because by a strict reading of the law, under the seat in my bike is ok to carry in, it should qualify. Unfortunately, the Kentucky Supreme court ruled it had to be a compartment in the dash and why they get to rewrite a law is beyond me. Their job is to serve justice based on the written law, not become the legislative branch of our state. Judges start trying to "interpret" things and that's how the whole system gets screwed up.

    An extreme example would be if a state legislature wrote a law and said that citizens could carry in cars, then when someone got "busted" for carrying in a blue car, the court then ruled that the legislature meant only red cars.

    Uh no...they said cars, much like ours reads;

    "A firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in a glove compartment, regularly installed in a motor vehicle by its manufacturer, regardless of whether said compartment is locked, unlocked, or does not have a locking mechanism."

    Well, it's a compartment regularly installed in that motor vehicle...and I put my gloves in it...

    One of the very few times I've read a ruling by a court of law and thought, "....what?"

    But I guess whatever.
    Last edited by UnfetteredMight; 02-22-2011 at 12:13 PM.

  7. #7
    Regular Member
    Join Date
    Jun 2010
    Location
    Gravel Switch, KY
    Posts
    544
    If you were to drop the magazine out of it and remove the round from the chamber, then the gun would no longer be loaded and you could transport it via the Federal Law. I usually keep my magazine loaded minus 1 round so that I can put the chambered round back into the magazine instead of leaving it loose.

    I posted earlier about asking what Kentucky law said about transporting a loaded handgun in the trunk of the car. The trunk of a car is inaccessible to the driver while the motor vehicle is in operation. Im sure that storing a handgun under the seat of your motorcycle would make it inaccessible to the rider, unless you're really talented and able to remove the seat while riding the bike.

  8. #8
    Regular Member
    Join Date
    Nov 2010
    Location
    Kentucky
    Posts
    222
    Quote Originally Posted by flb_78 View Post
    If you were to drop the magazine out of it and remove the round from the chamber, then the gun would no longer be loaded and you could transport it via the Federal Law. I usually keep my magazine loaded minus 1 round so that I can put the chambered round back into the magazine instead of leaving it loose.

    I posted earlier about asking what Kentucky law said about transporting a loaded handgun in the trunk of the car. The trunk of a car is inaccessible to the driver while the motor vehicle is in operation. Im sure that storing a handgun under the seat of your motorcycle would make it inaccessible to the rider, unless you're really talented and able to remove the seat while riding the bike.
    Nope, that federal law only applies to interstate, not intrastate travel. A man was convicted not too long ago on a weapons charge and tried to unsuccessfully use that as a defense. You have to actually be crossing state lines before it comes into play.

    I appreciate the good intent, but until this permit free concealed carry is voted in, it has to stay on my side.

    Quicker access anyway.

  9. #9
    Activist Member
    Join Date
    Dec 2010
    Location
    Ashland, KY
    Posts
    1,847
    Quote Originally Posted by UnfetteredMight View Post
    I wouldn't try having a loaded gun in the trunk. I don't know of anywhere that the KRS defines "concealed deadly weapon", so there is no distinction between loaded and unloaded qualifying it as a deadly weapon. By a strict reading of the law, even an unloaded weapon in the trunk is concealed, but I doubt you would find any LEOs throwing a fit unless the gun was loaded, but they might make a different interpretation for a handgun vs long gun.

    It also sucks because by a strict reading of the law, under the seat in my bike is ok to carry in, it should qualify. Unfortunately, the Kentucky Supreme court ruled it had to be a compartment in the dash and why they get to rewrite a law is beyond me. Their job is to serve justice based on the written law, not become the legislative branch of our state. Judges start trying to "interpret" things and that's how the whole system gets screwed up.

    An extreme example would be if a state legislature wrote a law and said that citizens could carry in cars, then when someone got "busted" for carrying in a blue car, the court then ruled that the legislature meant only red cars.

    Uh no...they said cars, much like ours reads;

    "A firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in a glove compartment, regularly installed in a motor vehicle by its manufacturer, regardless of whether said compartment is locked, unlocked, or does not have a locking mechanism."

    Well, it's a compartment regularly installed in that motor vehicle...and I put my gloves in it...

    One of the very few times I've read a ruling by a court of law and thought, "....what?"

    But I guess whatever.
    For a firearm to be deemed concealed it has to be concealed from view ON or ABOUT ones person. I dont believe that in the trunk of a moving vehicle with you behind the wheel constitutes ON or ABOUT yourself. You would have to stop the vehicle, put it in park, open your door, get out of vehicle, unlock trunk, and retrieve your firearm. I dont think any judge would consider that conealed.

  10. #10
    Regular Member
    Join Date
    Jun 2010
    Location
    Gravel Switch, KY
    Posts
    544
    So it's illegal in Kentucky to transport an unloaded, locked handgun in the trunk of a car?

  11. #11
    Activist Member
    Join Date
    Dec 2010
    Location
    Ashland, KY
    Posts
    1,847
    No, it is not illegal. why would it matter though when you can carry a loaded gun inside your vehicle.

  12. #12
    Regular Member
    Join Date
    Aug 2010
    Location
    Lolo, MT
    Posts
    160
    Being that it's not accessible while under way i wouldn't think it would be against the law. But, i'm also not familiar with your states laws... Why not just carry with a thigh rig like I do?

  13. #13
    Regular Member
    Join Date
    Nov 2010
    Location
    Kentucky
    Posts
    222
    Quote Originally Posted by KYGlockster View Post
    For a firearm to be deemed concealed it has to be concealed from view ON or ABOUT ones person. I dont believe that in the trunk of a moving vehicle with you behind the wheel constitutes ON or ABOUT yourself. You would have to stop the vehicle, put it in park, open your door, get out of vehicle, unlock trunk, and retrieve your firearm. I dont think any judge would consider that conealed.
    Quote Originally Posted by flb_78 View Post
    So it's illegal in Kentucky to transport an unloaded, locked handgun in the trunk of a car?
    No it's not by practice, i'm just pointing out the lack of a KRS defining the action with unloaded firearms. Probably supposed to be one of those common sense things until a LEO screws it up. Just hope the judge doesn't.
    Last edited by UnfetteredMight; 02-23-2011 at 08:34 PM.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •