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Thread: OC while on a motorcycle.

  1. #1
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    OC while on a motorcycle.

    Can I still have it on my hip ?

  2. #2
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by Jesse Lambert View Post
    Can I still have it on my hip ?
    Do you have a Michigan CPL?
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  3. #3
    Regular Member DanM's Avatar
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    Quote Originally Posted by DrTodd View Post
    Quote Originally Posted by Jesse Lambert
    Can I still have it on my hip ?
    Do you have a Michigan CPL?
    If "yes" to CPL, then "yes" to carrying on your hip on a motorcycle. Or any other way of carrying CC or OC on a motorcycle.

    If "no" to CPL, then carry "on" a motorcycle is an untested area of the law. Unless you have the time and money to be a test case, I wouldn't advise it.

    MCL 750.227 prohibits pistol carry only "in" a vehicle, not "in or upon" a vehicle:
    "A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license."

    In other firearms laws, the legislature does make distinctions between vehicles that you may be "in" as well as "upon", and presumably if they wanted to include in MCL 750.227 vehicles that you may be "upon" as well as "in", they would have done so, but they didn't. Examples of other laws mentioning "in or upon" vehicles:
    "750.227c Transporting or possessing loaded firearm [other than a pistol] in or upon vehicle . . ."
    "750.227d Transporting or possessing firearm [other than a pistol] in or upon motor vehicle or self-propelled vehicle designed for land travel . . ."

    Going simply by the letter of the law, as long as you are not "in" your motorcycle, you may OC while upon your motorcycle. But, if you do so, you also have to consider that you may have a prosecutor that would want to test with a jury that motorcycle OC without a CPL is still prohibited by MCL 750.227, and juries sometimes are dice rolls. Like I said, if you have the time and money to be a test case, feel free to OC without a CPL upon your motorcycle. If short of time or money, I would recommend obtaining your CPL before OC'ing upon a motorcycle.

    I am not a lawyer, so definitely consult your attorney before making your final decision in this matter.
    Last edited by DanM; 07-11-2011 at 08:27 AM.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    “He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

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    thanks guys.

    I guess I wont open carry while riding before consulting a lawyer.

  5. #5
    Regular Member DanM's Avatar
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    Quote Originally Posted by Jesse Lambert View Post
    thanks guys.

    I guess I wont open carry while riding before consulting a lawyer.
    Is this because, in answer to DrTodd's query, you do not have a CPL?

    Because, if you do have a CPL, you may carry a pistol on your hip while riding. Many of us with CPLs do. That is clearly permissible by law.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    “He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

  6. #6
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    Quote Originally Posted by DanM View Post
    Is this because, in answer to DrTodd's query, you do not have a CPL?

    Because, if you do have a CPL, you may carry a pistol on your hip while riding. Many of us with CPLs do. That is clearly permissible by law.
    I dont have a cpl.

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    then don't.

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