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OCing on a motorcycle?

joeroket

Regular Member
Joined
Dec 5, 2006
Messages
3,339
Location
Everett, Washington, USA
I know you need a CPL when carrying in your car, but what about on a motorcycle?

This topic has been beaten with a stick numerous times. The law states you must have a CPL when carrying in a vehicle. Some people say no because you are on a motorcycle. I believe the intent of the law covers motorcycles as well.
 

Brad Cowin

Regular Member
Joined
Jun 18, 2007
Messages
67
Location
Spokane, Washington, USA
The RCW prohibiting loaded long gun carry specifically mentions both in and on a vehicle. The RCW requiring a CPL for carrying a loaded handgun only mentions in a vehicle. The different wording on two very similar RCWs is one of the reasons that I believe that "unlicensed" loaded OC on a motorcycle is legal.

Whenever this is brought up, people seem to get caught up on the vehicular aspect. I look at it from a concealment standpoint. Your pistol is very concealed inside your vehicle even if you are OC. Your pistol is just as visible on a motorcycle as it is performing any other legal activity (walking, shopping, etc..). It just makes sense that the point of requiring a CONCEALED pistol license in a vehicle is because your pistol is now CONCEALED. It doesn't have anything to do with the vehicle itself unless it conceals your pistol.

IANAL - the above is just my opinion and not legal advice.
 

tombrewster421

Regular Member
Joined
May 25, 2010
Messages
1,326
Location
Roy, WA
The RCW prohibiting loaded long gun carry specifically mentions both in and on a vehicle. The RCW requiring a CPL for carrying a loaded handgun only mentions in a vehicle. The different wording on two very similar RCWs is one of the reasons that I believe that "unlicensed" loaded OC on a motorcycle is legal.

Whenever this is brought up, people seem to get caught up on the vehicular aspect. I look at it from a concealment standpoint. Your pistol is very concealed inside your vehicle even if you are OC. Your pistol is just as visible on a motorcycle as it is performing any other legal activity (walking, shopping, etc..). It just makes sense that the point of requiring a CONCEALED pistol license in a vehicle is because your pistol is now CONCEALED. It doesn't have anything to do with the vehicle itself unless it conceals your pistol.

IANAL - the above is just my opinion and not legal advice.

That seems quite logical. I wonder if there will ever be a case to clear that up. Or maybe someone could ask the AG.
 

Sparky508

Newbie
Joined
Jul 10, 2009
Messages
347
Location
Graham, , USA
There is the exemption for lawful outdoor activity. This could easily be claimed in the case of a dual sport type motorcycle.

Edit to add: I am not a lawyer, but I did stay at a Holiday Inn last night. Of course I woke up in the bath tub full of ice and a missing kidney...............
 
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Hammer

Regular Member
Joined
Jun 9, 2008
Messages
448
Location
Skagit Valley, Washington
I haven't been rousted for OC on a M/C (tho have for numerous other reasons)
I have been given both the stink-eye and thumbs up by LE for it in the past.
My approach has always been that loaded carry (who would carry unloaded, after all) comes under vehicular transport and requires a CPL. But, IANAL either, so I s'pose someone could be the guinea pig for this. Because weather is often uncertain, I more often carry concealed, so the CPL becomes necessary on that point. 'Sides, I have the CPL, why further concern myself? I take enough heat for the M/C alone.....
 

aktion

Regular Member
Joined
Apr 23, 2008
Messages
226
Location
Bremerton, Washington, USA
This could easily be claimed in the case of a dual sport type motorcycle.

I own that very type of motorcycle, a Kawasaki KLR 650. I've OC'd on it countless times, with nary a problem, from Seattle to Olympia to Whidbey Island to Kitsap County, all around the Puget Sound. Even passed a convoy of Stryker vehicles on their way to Ft Lewis on I-5 while I was OC'ing with a thigh holster. Those soldiers stared and stared and stared. I waved and passed them. I do have a CPL, and IANAL.
 

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Metalhead47

Regular Member
Joined
Apr 20, 2009
Messages
2,800
Location
South Whidbey, Washington, USA
deadhorsebeat_2.gif


Oft discussed, but basically no one wants to be the test case. Can't say I blame them either.

smiley_-_on_motorcycle.gif
 

Johnsmith1521

Regular Member
Joined
Jan 15, 2011
Messages
140
Location
Tacoma, WA
I think I'll try it this summer and see what happens... I have a CPL so either way I'll be ok... I have a feeling a Leo will still treat it like any other stop... Just depends on the Leo.. But I have to say, with all the run-ins I've had with leo's only fedeal way made a big deal out of it...
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
In one of the long debates on this I believe it was pointed out the you required to have one even on a Bicycle.

Edit to change need to required to have one, since I don't believe "need" to be appropriate.
 
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Sparky508

Newbie
Joined
Jul 10, 2009
Messages
347
Location
Graham, , USA
Has anyone ever asked the AG about his opinion on this? It has come up enough times, in the past, but never with a firm answer, or opinion that would stay one side or the other.
 

golddigger14s

Activist Member
Joined
Apr 27, 2010
Messages
2,068
Location
Lawton, OK USA
Stare

I. Even passed a convoy of Stryker vehicles on their way to Ft Lewis on I-5 while I was OC'ing with a thigh holster. Those soldiers stared and stared and stared. I waved and passed them. I do have a CPL, and IANAL.
They stared because they are jelous. The only place we can OC is in Iraq or Afganistan.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
I don't think I can personally but the office can. Since the boss man rides I may be able to get him to make the request. I will try and let you all know what comes of it.

Awesome wish we had more prosecutors like you in this state. Thanks Lammo! No expectations but the fact you are willing to ask says a lot.
 
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