Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: So I'm out on my motorcycle.....

    Quote Originally Posted by BimmerJon View Post
    Open Carry or Concealed Carry does not exist in law while in a vehicle/motorcycle. It is simply called "carry".

    You need a license or permit from ANY state (reciprocal or not) to do so.
    Thanks, this is where I was going! ^^^^ If you are on a park bench and OC, then you are OC. However move from that park bench and Sit on your MC and you are now concealed by law! Same as entering a Car. I ride on my MC with a SERPA. It does not go unnoticed and as stated before, no Tail gating .....

    IANAL
    Aggies Coach Really ??? Take off the tin foil bro.

  2. #12
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    Default Re: So I'm out on my motorcycle.....

    Quote Originally Posted by Daycrawler View Post
    Thanks, this is where I was going! ^^^^ If you are on a park bench and OC, then you are OC. However move from that park bench and Sit on your MC and you are now concealed by law! Same as entering a Car. I ride on my MC with a SERPA. It does not go unnoticed and as stated before, no Tail gating .....

    IANAL
    Not concealed.... just carrying.

    (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
    Last edited by BimmerJon; September 10th, 2012 at 05:59 PM.

  3. #13
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    Default Re: So I'm out on my motorcycle.....

    Not concealed.... just carrying
    I am guilty of saying that being in or on a vehicle is equivalent to being concealed. While not technically correct, it is a faster way of telling someone that they need an LTCF to be in a vehicle after explaining that you don't need a "CCW" to OC. I would rather make sure that someone I am "educating" doesn't end up in legal trouble, and that essentially gets the point across. If there is time and the person really wants to know and understand the law, I would go into more detail.

  4. #14
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    Default Re: So I'm out on my motorcycle.....

    You might in turn give them the impression that open carry in a vehicle is legal.
    Better to explain it in full but the responsibility is really on them

  5. #15
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    Talking Re: So I'm out on my motorcycle.....

    Quote Originally Posted by Bill077 View Post
    I am guilty of saying that being in or on a vehicle is equivalent to being concealed. While not technically correct, it is a faster way of telling someone that they need an LTCF to be in a vehicle after explaining that you don't need a "CCW" to OC. I would rather make sure that someone I am "educating" doesn't end up in legal trouble, and that essentially gets the point across. If there is time and the person really wants to know and understand the law, I would go into more detail.
    Ill give you points for trying to be helpful, BUT, you are wrong. An equivalent would be:
    Sex with condoms can help prevent AIDS, vs. Sex with condoms is completely safe. The first is true, but the second is not completely true, especially if her husband comes home while you are doing his wife, condom or not! See? I hope this helps!

  6. #16
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    Default Re: So I'm out on my motorcycle.....

    I don't care if you open carry, but there oughta be a law against butt-cracks in the open on motorcycles.

  7. #17
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    Default Re: So I'm out on my motorcycle.....

    Quote Originally Posted by Bill077 View Post
    I am guilty of saying that being in or on a vehicle is equivalent to being concealed. While not technically correct, it is a faster way of telling someone that they need an LTCF to be in a vehicle after explaining that you don't need a "CCW" to OC. I would rather make sure that someone I am "educating" doesn't end up in legal trouble, and that essentially gets the point across. If there is time and the person really wants to know and understand the law, I would go into more detail.
    Almost equivalent. A key being that CC requires a LTCF or reciprocal permit (or meeting another exception), while carry in a vehicle requires a LTCF or permit from any state (or meeting another exception), as BimmerJon mentioned above.

    EDIT: And like BimmerJon also mentioned, it's important to stress that any carry on/in a vehicle requires a license/permit whether or not the firearm is visible. I didn't mean to detract from that point.
    Last edited by twency; September 10th, 2012 at 07:36 PM.
    I am not a lawyer. Nothing I say or write is legal advice.

  8. #18
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    Default Re: So I'm out on my motorcycle.....

    Quote Originally Posted by gascolator View Post
    I don't care if you open carry, but there oughta be a law against butt-cracks in the open on motorcycles.
    oops..that's my IWB holster. ;-)

    And BTW...thanks for all the responses. It really helps to have others' interpretations of statutes or citations provided. I sometimes have a time getting through the legalese of double negatives and prohibitions and exemptions as well as and/or situations....blah blah blah.

    And now due to proximity and my penchant for motorcycling forays, I need to find out the same laws (and nuances thereof) in West Virginia and (once my Utah permit arrives) Ohio.

    Luckily I am a fan of learning. Thanks for the help!
    Last edited by tvtog; September 10th, 2012 at 08:24 PM.

  9. #19
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    Default Re: So I'm out on my motorcycle.....

    Quote Originally Posted by BimmerJon View Post
    Not concealed.... just carrying.
    18 Pa.C.S. § 6106: Firearms not to be carried without a license
    (a) Offense defined.--
    (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
    (2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

    A vehicle is legally any device that people use in, on, or upon which as a means of conveyance, a car, motorcycle, bicycle, sled, skate board & so on!

    IANAL
    Aggies Coach Really ??? Take off the tin foil bro.

  10. #20
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    Default Re: So I'm out on my motorcycle.....

    Quote Originally Posted by Daycrawler View Post
    Originally Posted by BimmerJon
    Not concealed.... just carrying.
    18 Pa.C.S. § 6106: Firearms not to be carried without a license
    (a) Offense defined.--
    (1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
    (2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

    A vehicle is legally any device that people use in, on, or upon which as a means of conveyance, a car, motorcycle, bicycle, sled, skate board & so on!

    IANAL
    BimmerJon's point remains. If you are carrying on a motorcycle you are not "now concealed by law" as you had previously stated. You instead fall into the category of "any person who carries a firearm in any vehicle" which is distinguished by the statute from "any person who carries a firearm concealed on or about his person".
    Last edited by twency; September 11th, 2012 at 01:27 AM.
    I am not a lawyer. Nothing I say or write is legal advice.

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