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Thread: Transportation of firarms on a motorcycle

  1. #1
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    Transportation of firarms on a motorcycle

    I know this is not strictly OC but I am getting a bike again and will be needing to transport my rifle and handgun to Appleseed shoots.

    Does anyone know the MO law on this one?

    Thanks
    Joe

  2. #2
    Regular Member Big Boy's Avatar
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    As far as handguns you're good no matter how you want to carry or stow it.

    Long arms, I will let someone more versed answer. I'm actually curious about it myself. Missouri law concerning having loaded long arms in a car.

    Maybe LMTD or Cshoff will chime in. BTW I appreciate both of your guys knowledge, experience, and willingness to help on these subjects.
    Last edited by Big Boy; 06-05-2011 at 12:36 PM.

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    Regular Member sohighlyunlikely's Avatar
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    Quote Originally Posted by Big Boy View Post
    As far as handguns you're good no matter how you want to carry or stow it.

    Long arms, I will let someone more versed answer. I'm actually curious about it myself. Missouri law concerning having loaded long arms in a car.

    Maybe LMTD or Cashoff will chime in. BTW I appreciate both of your guys knowledge, experience, and willingness to help on these subjects.
    I am sorry but I do not agree with the 1st part of your statement. I do not think that the car carry laws give full immunity to OCers and It is my belief that any OC restrictions that a particular city may have will be enforced on an OC motorcycles.

    Doc

  4. #4
    Regular Member PHB's Avatar
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    Doc is 100% right Same rules for OC would apply as if you were walking down the street. And as far as long gun must be unloaded and in a gun case.

    I am new hear and looking forward to meeting some of you, not trying to be blunt on this one but I have been their done that.

    Stay safe
    Last edited by PHB; 06-05-2011 at 03:10 AM.
    "Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." -- President John F. Kennedy

  5. #5
    Regular Member Big Boy's Avatar
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    In Missouri (with handguns, don't know long gun law) you're basically allowed to do whatever you want within a vehicle. This includes OC, CC (even without a permit) and anything else you want as long as you are within your vehicle.

    Are you telling me a motorcycle is not a vehicle?

  6. #6
    Regular Member PHB's Avatar
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    As far as MDR is concerned it is but as far as the law on motorcycles I believe since it is not enclosed and is open I was told I had to abide by city and county Ord. on OC
    Last edited by PHB; 06-05-2011 at 09:08 AM.
    "Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." -- President John F. Kennedy

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    Regular Member cshoff's Avatar
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    Quote Originally Posted by Big Boy View Post
    In Missouri (with handguns, don't know long gun law) you're basically allowed to do whatever you want within a vehicle. This includes OC, CC (even without a permit) and anything else you want as long as you are within your vehicle.
    Sure, you can do "whatever you want" with the gun in your vehicle, as long as a law enforcement officer doesn't see you doing it (or somebody that will report it to the police). I've used this example before, and it's applicable here as well; if you drive through St. Louis City with your firearm exposed (handgun or long gun), a city officer WILL pull you over and you WILL get a citation if they see it. Whether it's right or wrong is entirely irrelevant because their ordinance has remained on the books for years without any court ruling that it violates our preemption laws.

    Are you telling me a motorcycle is not a vehicle?
    Under RSMO 302.010, a motorcycle IS a "motor vehicle".
    Last edited by cshoff; 06-05-2011 at 09:53 AM.

  8. #8
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    Quote Originally Posted by Big Boy View Post
    Are you telling me a motorcycle is not a vehicle?
    No, I think what he is telling you is that if you are driving a pick up truck with a rifle on or behind the seat you are likely good to go as it can not be "seen" from the outside of the vehicle. If you place that same rifle or shot gun in a traditional gun rack in the rear window that was/is is so popular, it is now an OC weapon and if you enter a muni with restrictions against OC you are indeed violating the law and may get stopped for it.

    If you had a pistol (only used for size illustration) in a saddle bag or other type of compartment, you would be covered under the "concealed in a vehicle legally able to be in possession of" part of the CCW law (no promises on language but basic meaning covered) now if it is in a holster on your side, the OC laws once again apply just as they do for the rifle/shotgun in a gun rack inside a pick up truck.

    There is indeed case law on the gun rack being OC in St Louis city, I do not recall it so I am unable to cite, however it will indeed google if you seek to review.

    On a side note, I do not know why someone would "Open carry" a rifle on a putt but to each his own, I just would not enjoy the bugs and other debris on my long guns. I would suggest a case to one and all for that reason alone. I would indeed recommend a side arm for protection but the long guns are just to my knowledge not going to find a good home on a put that is not prone to more damage than I would like, then again I am a "gun snob" lol
    John C. Eastman Associate Dean of Chapman University’s School of Law "the Second Amendment, like its sister amendments, does not confer a right but rather recognizes a natural right inherent in our humanity."

  9. #9
    Regular Member cshoff's Avatar
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    Something else to keep in mind. As per RSMO 571.010.(4):

    (4) "Concealable firearm", any firearm with a barrel less than sixteen inches in length, measured from the face of the bolt or standing breech;
    RSMO 571.030.1.(1):

    571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

    (1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
    And finally, RSMO 571.030.3:

    3. Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply to any person twenty-one years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.
    So as you can see, the "car carry provision" of our statute ONLY applies to concealable firearms, NOT to long guns. Technically, if you carry a concealed, loaded long gun "on or about your person" (such as under a blanket on the seat next to you) without possessing a valid CCW endorsement, you would be committing a Class D Felony. If the long gun was "in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible", on the other hand, you would be okay. If you had a valid CCW endorsement, you could carry the long gun concealed on or about your person, loaded, and ready to go.

  10. #10
    Regular Member cshoff's Avatar
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    Quote Originally Posted by PHB View Post
    Doc is 100% right Same rules for OC would apply as if you were walking down the street. And as far as long gun must be unloaded and in a gun case.
    That is not exactly correct. In a jurisdiction where OC is legal, you could OC a long gun or a handgun, or even both. There is no state statute that prohibits the open carry of either.

    I am new hear and looking forward to meeting some of you, not trying to be blunt on this one but I have been their done that.

    Stay safe
    Good to have you here. Welcome aboard.

  11. #11
    Regular Member PHB's Avatar
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    Thanks cs, lmtd, I agree Thanks for welcome
    Last edited by PHB; 06-05-2011 at 05:56 PM.
    "Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." -- President John F. Kennedy

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