OC on a motorcycle?

good afternoon gents (and ladies), new guy here and sorry if this question has been ran over before (I searched the topic and couldnt find it)...but to my understanding is that if youre in a vehichle your weapon has to be locked up, correct? If so, is this also applicable to motorcycles? Reason why Im asking is that my primary vic is a streetbike...Ive been riding with it locked up and secured in the tail section of my subframe (underneath the passenger seat) but it occured to me that if I go down, the plastic is going to go into a million pieces and my weapon is now somewhere across the freeway along with the rest of me. I am much more capable of retaining it if I could have it holstered on my person while riding (blackhawk serpa II...not going anywhere) but am not sure if this is legal, anyone got anything for this? Thanks again

+++ALSO: If the above is prefectly legal (that I may ride unloaded, exposed and holstered on my bike) and I am pulled over because the officer sees and wants to ask what the hell Im doing or just inspect, can he still ask to see my license? I understand that on foot, a mutual contact/weapons inspection by an officer does not warrant an ID check, but since this would be a traffic stop, would I have to provide my driver's license even though I'm doing nothing illegal?

errraaah said:

good afternoon gents (and ladies), new guy here and sorry if this question has been ran over before (I searched the topic and couldnt find it)...but to my understanding is that if youre in a vehichle your weapon has to be locked up, correct? If so, is this also applicable to motorcycles?

Answer: the firearm does not have to be locked up. That is only applicable if the gun is concealed, (PC 12025) or if you are within 1,000 of a K-12 school (PC 626.9).

+++ALSO: If the above is prefectly legal (that I may ride unloaded, exposed and holstered on my bike) and I am pulled over because the officer sees and wants to ask what the hell Im doing or just inspect, can he still ask to see my license?

Answer: if pulled over because he saw you gun, he will be checking to see if it is loaded, (PC 12031 e), and anytime you are pulled over for any reason you are required to provide your license
to an LEO if asked.

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errraaah said:

to my understanding is that if you're in a vehicle your weapon has to be locked up, correct?Incorrect. Transporting a firearm on foot is the same as transporting a firearm in a vehicle.

...I am much more capable of retaining it if I could have it holstered on my person while riding (blackhawk serpa II...not going anywhere) The plastic holster will not hold up to grinding along the asphalt. Neither will your firearm.

+++ALSO: If the above is perfectly legal (that I may ride unloaded, exposed and holstered on my bike) and I am pulled over because the officer sees and wants to ask what the hell I'm doing or just inspect, can he still ask to see my license?At the DMV, when you signed for your license, you signed a contract. That contract states you agree to show, provide, or surrender your license to a law enforcement officer upon request when operating a motorized vehicle or face possible arrest.

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I am not sure how large the storage compartment is on your bike but the reasons you state for wanting to UOC while riding would be less effective than your current method of transportation. Also... school zones.

MountainMike said:

I am not sure how large the storage compartment is on your bike but the reasons you state for wanting to UOC while riding would be less effective than your current method of transportation. Also... school zones.

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You stated: Incorrect. Transporting a firearm on foot is the same as transporting a firearm in a vehicle.

Response: Not quite accurate.
When transporting a firearm concealed, unloaded, and locked in a case, you are doing so under one of two Penal Code exceptions to PC 12025. Either PC 12026.1 for transport in motor vehicles, or PC 12026.2 for transport by all other means of ground travel.

Under PC 12026.1 while in a motor vehicle, you can transport your firearm anywhere, destination is irrellevant. (With the exeption of places like Military Installations and Post Office Property)

Under PC 12026.2 you are limited to going to, or coming from the specific destinations listed in PC 12026.2

street bike carry

I also have a storage area in the tail of my street bike. It is a "locked storage area", (not a "glove box" and the motorcycle manual says so). The police would need a warrant to get inside it, as I would never consent to a search. The key has been changed to not match the ignition, and is not on my key ring. I carry my registration and insurance card in my wallet. Basically there is no way a LEO is legally going to get in that box unless I want him to, or it is pried open with a tool. If I get in that bad an accident that the tail opens, I will be having much more serious issues to deal with than what is inside the storage area.

oc4ever
street bike carry

I also have a storage area in the tail of my street bike. It is a "locked storage area", (not a "glove box" and the motorcycle manual says so). The police would need a warrant to get inside it, as I would never consent to a search. The key has been changed to not match the ignition, and is not on my key ring. I carry my registration and insurance card in my wallet. Basically there is no way a LEO is legally going to get in that box unless I want him to, or it is pried open with a tool. If I get in that bad an accident that the tail opens, I will be having much more serious issues to deal with than what is inside the storage area.

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Duely noted...I should probably keep the registration/insurance out of that lockbox then ;]

And this is true about having a bigger problem on your hands if your bike comes apart. While its probably not the quickest way for me to deploy my weapon, Ive been keeping the weapon cable laced through my weapon and around the aluminum bar that runs through the subframe so its secured during my ride. But hell, while Im fumbling to load and ready my weapon, why not fumble around with the keys to unlock it too, right? ;P

locked comparment=search warrant

errraaah said:

Duely noted...I should probably keep the registration/insurance out of that lockbox then ;]

And this is true about having a bigger problem on your hands if your bike comes apart. While its probably not the quickest way for me to deploy my weapon, Ive been keeping the weapon cable laced through my weapon and around the aluminum bar that runs through the subframe so its secured during my ride. But hell, while Im fumbling to load and ready my weapon, why not fumble around with the keys to unlock it too, right? ;P

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If you do not commit an physically arrestable offense, no LEO should be snooping around your motor vehicle for a common traffic violation. Normally your demeanor (good or bad) will dictate the outcome of a LEO contact. A LEO is only going to be able to search(called a inventory for reasons of storage/impounding) your vehicle incident to a lawful arrest. A locked compartment can not be lawfully opened for such purposes without your consent or a search warrant.

When I am driving my car for work , I normally dress in dress slacks, shirt and tie. Any traffic stop is usually met with "Sir" when addressing me by a LEO, and most of the times no citation is issued. I have gotten 1 ticket on my record in the last 20 years. Last time I was riding my street bike, I was stopped for going 20 + over the limit(opps). I was wearing a full helmet,racer style motorcycle, leathers etc. The young motorcycle officer walks up to me while I still had my helmet on, and says,"Dude, let me see your license". I asked him , does he like when someone addresses him as "dude"(all LEO's hate that term), or does he call his boss or his father by "Dude"? He said no. After I took off my helmet, and he could see I was 25 years senior to him, I again became "sir" and rode off with a warning, and he never asked me for my registration or insurance after I told him I had been riding bikes longer than he was on this earth.

Good points posted above...

Just remember, OCing while riding your motorcycle is the same as OCing inside your car or on foot. It is possession, not transportation.

And yes, expect the double-take and pull-over if a Highway Patrol/City Cop sees you OCing while riding. This is why it is essential to know where you're going and what is near you. Without planning ahead you could potentially ride through a GFVDZ (School Zone). Remember, ignorance of the law only works if you're a Law Enforcement Officer.

I started a thread a couple years ago about this: 'UOC-on-a-motorcycle' There's good information in there.

What search terms did you use? I'll add the keywords to the post in an attempt to help future searchers.

I only OCd on my bike twice. I'm 6'2", the bike is a 2004 Aprilia RSV1000R. I'm tall, but the bike is big enough that I don't feel at all cramped. Carrying my Springfield XD 45 (service model) in the stock hip holser was a nightmare! The entire time it was doing one of three things: digging into my side, digging into the fuel tank, or feeling like it fell out of the holster. While I'm generally a "Safety third!" type of guy I realized later that I was paying more attention to my sidearm than to the task of riding. Inattentive riders are more likely to become road pizza - therefore - I don't OC on my bike.

A thigh holser would have given better results.

stephenruckle said:

I started a thread a couple years ago about this: 'UOC-on-a-motorcycle' There's good information in there.

What search terms did you use? I'll add the keywords to the post in an attempt to help future searchers.

I only OCd on my bike twice. I'm 6'2", the bike is a 2004 Aprilia RSV1000R. I'm tall, but the bike is big enough that I don't feel at all cramped. Carrying my Springfield XD 45 (service model) in the stock hip holser was a nightmare! The entire time it was doing one of three things: digging into my side, digging into the fuel tank, or feeling like it fell out of the holster. While I'm generally a "Safety third!" type of guy I realized later that I was paying more attention to my sidearm than to the task of riding. Inattentive riders are more likely to become road pizza - therefore - I don't OC on my bike.

A thigh holser would have given better results.

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That raises an interesting point. If another motorist notices you firearm and does a double take because he cannot believe his eyes the danger exists that he'll accidentally hit you. I ride mountain bikes and I am often faces with riding in ruts, roots, or rocks and your wheels tend to go where your eyes are focused. Same is true in a car.

Anything that makes a motorcyclist more visible is good. I would rather a driver be weaving around because of my gun over a driver weaving around oblivious of my existence.