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Thread: open carry on a means of travil?
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July 5th, 2007, 09:56 AM #1
open carry on a means of travil?
I was woundering if it is leagal to open carry on a bike, skateboard, rollerblades ect with out it being concidered CC. I havn't seen anything to say otherwise i was just wounding if anyone knew if thoes things fell under the same catoregroy as a car.
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July 5th, 2007, 10:17 AM #2Banned
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July 5th, 2007, 10:17 AM #3
Re: open carry on a means of travil?
I'd like to hear a solid answer to this as well. I've been open carrying on my motorcycle but I do have a LTCF.
We the people have not only the right but the responsibility to hang tyrants for treason.
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July 5th, 2007, 10:19 AM #4
Re: open carry on a means of travil?
good question, i'll be interested to hear what the lawyers come up with. I've really got no idear
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July 5th, 2007, 10:52 AM #5Banned
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Re: open carry on a means of travil?
depends what your definition of "in" is.
§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--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.
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July 5th, 2007, 11:23 AM #6
Re: open carry on a means of travil?
that doesn't really help me out.
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July 5th, 2007, 11:23 AM #7
Re: open carry on a means of travil?
Main Entry: in
Function: preposition
Etymology: Middle English, from Old English; akin to Old High German in in, Latin in, Greek en
Date: before 12th century
1 a—used as a function word to indicate inclusion, location, or position within limits <in the lake><wounded in the leg><in the summer> b: into 1<went in the house>
2—used as a function word to indicate means, medium, or instrumentality <written in pencil><bound in leather>
3 a—used as a function word to indicate limitation, qualification, or circumstance <alike in some respects><left in a hurry> b: into 2a<broke in pieces>
4—used as a function word to indicate purpose <said in reply>
5—used as a function word to indicate the larger member of a ratio <one in six is eligible>
Clear as mud right?We the people have not only the right but the responsibility to hang tyrants for treason.
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July 5th, 2007, 11:52 AM #8Grand Member
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Re: open carry on a means of travil?
§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--Any person who carries a firearm in any vehicle ... without a valid and lawfully issued license under this chapter commits a felony of the third degree.
--
Every device in, upon or by which any person or property is or may be transported or
drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a
self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of
a person with a mobility-related disability.
--
So, each of the above are technically "vehicles" and a court would (even though it seems stupid -- and there may be an exception for these devices that makes them something other than vehicles. In any case, it doesn't matter, as shown, below) call skateboards, bikes, roller skates, and bicycles "vehicles" within the meaning of section 6106 of the UFA. A motorcycle, too, is obviously a vehicle.
So, everything above is covered by the term "vehicle."
What now?
As other posters have noted, what does the word "in" mean in plain English? In the context that it is used, it means "inside." Any other use of the word doesn't makes sense within the context of the statute.
Let's assume the firearm is holstered in such a way that it is "openly" carried. Now sit on your motorcycle (or skateboard or whatever).
Is the firearm "inside" or "in" the motorcycle? No.
Are you "inside" or "in" the motorcycle? No.
Is there anyway the firearm could be "inside" or "in" the motorcycle while on your person and openly carried? No (not unless you can fit yourself in a saddlebag).
The other thing to realize is exactly what Marc pointed out -- a firearm is, effectively, concealed from plain sight when it is within a car (regardless of arguments like "It was sitting on the dash." or "it was in a gun rack in the rear window." Those arguments are, practically speaking, bullshit. It's concealed from passing motorists, and approaching LEOs whenever it is in your car, no matter how you carry or store it -- simply because anything in a car is substantially less visible than if it were outside.
When it is on your hip, and you're on a motorcycle, it isn't any more concealed than if you were walking down the street.
If I were to offer an opinion on the matter, it would be that it is perfectly legal to operate a vehicle, like a motorcycle, or a skateboard, while carrying in a fashion that constitutes "open" carry if you were simply walking down the street. I open carry on my motorcycle when it suits me -- and would continue to do so even if I didn't have a license to carry firearms. To be honest, the only reason I don't open carry all the time on the bike is that I wear so much safety gear that it isn't really practical. Anyone who has ever worn full leathers, or an Aerostich Roadcrafter, knows exactly what I'm talking about.Last edited by Rule10b5; July 5th, 2007 at 11:55 AM.
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In plain English, while I am an attorney, I'm NOT your attorney, and I'm NOT giving you legal advice.
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July 5th, 2007, 11:57 AM #9
Re: open carry on a means of travil?
cool. so i don't need a permit to OC on my skateboard. (i long board is its really a means of travil.)
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July 5th, 2007, 02:49 PM #10Banned
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Re: open carry on a means of travil?
And i bet people thought i was joking about it depending on what the definition of "in" is.
The "important part" of the law is every part of it.
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