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Thread: Firearms and motorcycles?
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November 22nd, 2009, 12:57 AM #1Junior Member
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Firearms and motorcycles?
Went out for a ride on my bike today CC'ing and a question popped in my head.
Say I do not have my LTCF (which I do) and I am on my bike OC, is this legal cause I'm not IN the vehicle and the weapon is in plain veiw or Illegal cause a motorcycle is a vehicle?
:-)
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November 22nd, 2009, 01:00 AM #2
Re: Firearms and motorcycles?
it's a vehicle and you need your ltcf. do a search comes up quite a bit around here
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November 22nd, 2009, 01:00 AM #3
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November 22nd, 2009, 01:04 AM #4Junior Member
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November 22nd, 2009, 01:05 AM #5
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November 22nd, 2009, 10:14 AM #6
Re: Firearms and motorcycles?
The search button is your friend!
Happy to meet another rider!!NRA Training Counselor, Chief Range Safety Officer, NRA Benefactor Member
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November 22nd, 2009, 11:18 AM #7
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November 22nd, 2009, 12:25 PM #8
Re: Firearms and motorcycles?
Right. The UFA lacks a definition to the "in", "on", and "any vehicle" debate, but any judge and justice will go to another Title of law and borrow definition before making raw case law. And the next definition over in the PA Statutes is the following.
75 Pa.C.S.A. § 102
"Vehicle." 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 wheel chair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515, SteveWag
Don't end up in my signature!
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November 23rd, 2009, 02:09 PM #9Banned
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Re: Firearms and motorcycles?
Where are they going to borrow the definition of 'in' from?
I'm going to assert the following affirmative offense, implicating the lot of you,
Lawyering (No warning, 5 points, Expires in 1 month)
Please do not offer advice that could land someone in jail. The last thing we need is people telling other members that's it's perfectly OK to carry a firearm in a car without a License To Carry Firearms, or that you can sell someone a handgun without going through an FFL. Like above, don't be afraid to post what you think is correct, just don't state things as fact when you aren't sure without a disclaimer.
I believe that rules of statutory construction and case law do not support your presumption, and that my presumption can be proven through the consolidation of all previous threads on this very matter.
That a motorcycle may be a vehicle as to fall under the definition is not of particular consequence, insofar as it is the only word or phrase that must be construed.
Unfortunately, I have not yet researched the declaratory injunction or 1983 claims forwarding this type of preemptive complaint as to provide any sort of opinion as to how we can get his question answered at a limited cost and no jeopardy to any person. I can propose an alternative that puts someone else in jeopardy, that I am about to address in a post about research on criminal complaints and who must find probable cause to advance the process. Suffice to say, I think that a private complaint against police is not so untenable unless the DA is familiar and experienced with such attempts, or is otherwise simply ignorant and lucky in their response, in that: the courts have found that a DA must ascertain probable cause on the complaint, and denial on the sole reason of PC or lack of proof beyond a reasonable doubt is entitled to an appeal of de novo review at the CCP level, where the scope of review is simply a determination of probable cause. I hope to remember to post the link here as a finish that post.Last edited by MDJschool; November 23rd, 2009 at 02:10 PM. Reason: preemptive edit: forgot to catalog all the previous motorcycle oc posts, will add when link to complaint thread is added
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November 23rd, 2009, 02:25 PM #10
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