What is the law on riding with a gun?

[2006FJR]

I am just wondering what the law is on carring a gun while riding a motorcycle? I would never do this but I just wanted to know if you did, if you could keep a clip with ammo in the gun as long as it is in the top case or does the ammo needs to be in a different area? Does the law look at the top case and a pannier the same or differently? My understanding is that as long as it is not in your tankbag or somewhere you could get to it while you are riding it would be legal for transport purposes. Does anyone know for sure? :gun: :trinibob: :vinsent:

 

[Ignacio]

It varies from state to state. You might try a website like usacarry.com.

 

[exskibum]

Ditto on Iggy's comment and site.

In California (assuming you don't have the elusive Cali CCW permit), it must be in a locked container and unloaded. Unloaded means no round in the chamber and no magazine containing ammunition lodged in the gun. Forgive me if this sounds political, but it's really a lawyer's comment on the law: it is downright confusing to try to work through California's mash of gun laws. Worse, you can get two different cops (or lawyers) to give you two different answers on a lot of fine points about Cali's gun laws because of it.

I've heard it both ways from lay (but knowledgable gun) sources in California -- that the loaded mags must be in a separate case and separated, and NOT. I haven't exhaustively researched it (so this is worth exactly what you're paying for it), but I think the better interpretation is "NOT" -- that the mags do not have to be in a separate case/location**. But the handgun must be in a locked container and it must not have any ammunition in it. If you want maximum avoidance of potential hassle (e.g., the green kid cop who thinks they have to be separate), then carry them separate. It can still cost you time, money and aggravation to go to court to prove you're right if you and a cop have differing opinions on what the law requires.

** IIRC, there's maybe some enhancement for another gun crime if the ammunition is within reach, but I don't believe it has any bearing on the question you're asking. It's late, I don't remember the esoteric circumstance, and I'm not going to go dig it out.

 

[NMRoadRunner]

Carrying a gun thats not loaded is like a motorcycle with no gasoline, not much good to you! I have a concealed carry permit and I do carry a loaded gun with me most of the time. It's good in 39 states, but not Cali, thats a different animal all together.

 

[jekirby]

It varies from state to state. You might try a website like usacarry.com.

+1

Here is another site that deals mostly with concealed, but has links to other helpful sites.

www.handgunlaw.us

 

[Toecutter]

I used to carry a revolver illegally. Almost had to use it twice, and the cops got involved in one of the incidents (long story). I told the dispatcher I had a gun, and would use it if they didn't intervene. When they (quickly) did, an officer asked me where the gun was. I told him it was out in the car and nothing more was said or done on their part. This was in a mountain community where they probably see that sort of thing regularly....

 

[YukonG]

Getting a permit in Orange County will be tough, but you should try.

I have 1 friend with a permit from OC.

 

[exskibum]

Getting a permit in Orange County will be tough, but you should try.I have 1 friend with a permit from OC.

Yep -- the problem with CCWs in California is the "good cause" requirement. Since that's mostly a subjective issue with the Chief of Police in a city or the Sheriff in the county, in practice that is too often about who you know (unless you're a judge or a couple other types of positions where you automatically qualify).

 

[2006FJR]

Ditto on Iggy's comment and site.
In California (assuming you don't have the elusive Cali CCW permit), it must be in a locked container and unloaded. Unloaded means no round in the chamber and no magazine containing ammunition lodged in the gun. Forgive me if this sounds political, but it's really a lawyer's comment on the law: it is downright confusing to try to work through California's mash of gun laws. Worse, you can get two different cops (or lawyers) to give you two different answers on a lot of fine points about Cali's gun laws because of it.

I've heard it both ways from lay (but knowledgable gun) sources in California -- that the loaded mags must be in a separate case and separated, and NOT. I haven't exhaustively researched it (so this is worth exactly what you're paying for it), but I think the better interpretation is "NOT" -- that the mags do not have to be in a separate case/location**. But the handgun must be in a locked container and it must not have any ammunition in it. If you want maximum avoidance of potential hassle (e.g., the green kid cop who thinks they have to be separate), then carry them separate. It can still cost you time, money and aggravation to go to court to prove you're right if you and a cop have differing opinions on what the law requires.

** IIRC, there's maybe some enhancement for another gun crime if the ammunition is within reach, but I don't believe it has any bearing on the question you're asking. It's late, I don't remember the esoteric circumstance, and I'm not going to go dig it out.

So if the gun is in the topcase and the clips are in the side pannier with the rounds of ammo I should be alright? I really don't want to spend a night in jail if it were found somehow?

 

[exskibum]

So if the gun is in the topcase and the clips are in the side pannier with the rounds of ammo I should be alright? I really don't want to spend a night in jail if it were found somehow?

Seems so to me -- gun is in locked container and unloaded.

 

[BwanaDik]

Simply move to Texas. We ain't got none of them thar resticions of shootin' folks. Heck, fully loaded .45 with extrey clips is 'spected....

One more reason for an AE, dn't have ta chutch whilst yer firin'

 

[exskibum]

Simply move to Texas. We ain't got none of them thar resticions of shootin' folks. Heck, fully loaded .45 with extrey clips is 'spected....

California has a lot of things going for it, and for us natives, those are hard to give up. I don't count our gun laws among those things, however. Could give those up for something modeled after Texas or Alaska gun legislation in a heartbeat. Nothing's perfect.

 

[charismaticmegafauna]

Simply move to Texas. We ain't got none of them thar resticions of shootin' folks. Heck, fully loaded .45 with extrey clips is 'spected....

California has a lot of things going for it, and for us natives, those are hard to give up. I don't count our gun laws among those things, however. Could give those up for something modeled after Texas or Alaska gun legislation in a heartbeat. Nothing's perfect.

[thread-drift]I live in a county where local law states: "Every head of household must own, and know how to use, a firearm."

I think we only have one lawyer in the county....?[/thread-drift]

 

[Jeff Q]

IMHO an unloaded gun in a side or top case is pretty pointless. Very few situations I could imagine you would have that kind of time if you needed a gun. I always carry one but I have a note from my Mommy LOL...

 

[FJRBluesman]

Ditto on Iggy's comment and site.
In California (assuming you don't have the elusive Cali CCW permit), it must be in a locked container and unloaded. Unloaded means no round in the chamber and no magazine containing ammunition lodged in the gun. Forgive me if this sounds political, but it's really a lawyer's comment on the law: it is downright confusing to try to work through California's mash of gun laws. Worse, you can get two different cops (or lawyers) to give you two different answers on a lot of fine points about Cali's gun laws because of it.

I've heard it both ways from lay (but knowledgable gun) sources in California -- that the loaded mags must be in a separate case and separated, and NOT. I haven't exhaustively researched it (so this is worth exactly what you're paying for it), but I think the better interpretation is "NOT" -- that the mags do not have to be in a separate case/location**. But the handgun must be in a locked container and it must not have any ammunition in it. If you want maximum avoidance of potential hassle (e.g., the green kid cop who thinks they have to be separate), then carry them separate. It can still cost you time, money and aggravation to go to court to prove you're right if you and a cop have differing opinions on what the law requires.

** IIRC, there's maybe some enhancement for another gun crime if the ammunition is within reach, but I don't believe it has any bearing on the question you're asking. It's late, I don't remember the esoteric circumstance, and I'm not going to go dig it out.

Good advice. I would also go to the CA DOJ (Department of Justice) website and look up the actual laws on this. You can also go the NRA website and it'll give general advice specific to CA, but not the actual language, which you need to know.
exskibum has it though IMO. You best have the gun and ammo locked separately, proximity on a bike may allow for it in one container, but never have the clip loaded and in the gun. I've even heard that having a loaded clip in the same box but not in the gun is bad news. It gets real gray here. Look it all up and be sure. Even head to your local law enforcement and ask them. Other states vary greatly, know before you go, or else...

 

[LDRydr]

So if the gun is in the topcase and the clips are in the side pannier with the rounds of ammo I should be alright? I really don't want to spend a night in jail if it were found somehow?

And just HOW might it be found? Remember, they can't search for it unless they have good reason to, or they ask to search and you allow them to. Simply don't allow it. It amazes me how many stupid crooks on COPS allow them to search their vehicles when they don't have to.

 

[Wicked Webby]

Carrying a gun thats not loaded is like a motorcycle with no gasoline, not much good to you! I have a concealed carry permit and I do carry a loaded gun with me most of the time. It's good in 39 states, but not Cali, thats a different animal all together.

I agree!! If your gonna need it... You prolly ain't got time to load it.

Here is some more info on those with CCW permits:

https://www.ccrkba.org/reciprocity.html

NMRoadRunner,

(According to the above web site), a NM CCW permit allows for 21 states.... Might wanna check into that...

WW

 

[Ignacio]

It took a week to find the right combination of resource storage and keys, but here's the ultimate method for me!

Right case: (Locked) Ammo & Lots of Cash (see Retainer for Left Case)

Top Case: (Locked from the outside, but opens from the inside) Glock,

, and a key to my Right Case. He can get out of the Top Case, unlock the Right Case, and get the ammo to take care of whatever needs fixin'. Left Case: (Locked - Only I Have a Key) Bananas and My Attorney. To both reward Trunk Monkey (with fruit) for a job well done and an Attorney to help clear me of the false road rage charges.

[SIZE=8pt]* YRMV. Check your local state laws on Concealed Trunk Monkey carry, proper storing of attorneys for long distances, and tips on keeping bananas fresh while riding.[/SIZE]

 

[YukonG]

Getting a permit in Orange County will be tough, but you should try.I have 1 friend with a permit from OC.

Yep -- the problem with CCWs in California is the "good cause" requirement. Since that's mostly a subjective issue with the Chief of Police in a city or the Sheriff in the county, in practice that is too often about who you know (unless you're a judge or a couple other types of positions where you automatically qualify).

And some counties in CA are surprisingly easy to get a permit in.

However, the new sheriff in OC has made it rather difficult...Her definition of "good cause" is rather interesting.