Open Carry on Motorcycle?

[Tenzing_Norgay]

There are a lot of mo-mo's on a FB forum arguing that open-carry is legal in FL if riding a motorcycle, as there "is no other way to carry" on a bike.

I'm pretty sure this is BS, but I've been wrong (once) before...

[Skoll]

I've never personally seen it, and wouldn't personally condone it. Just seems like a bad idea all around.

[flcracker]

Too bad no-one has ever invented some sort of container/box/saddlebag that fits on a motorcycle. Oh, wait....

[dammitgriff]

I looked into this a few years ago, but not since, because I sold my Sportster...so dig into the Florida statutes yourself for any updates to the law.
You can legally transport your firearm without a CC license on a motorcycle only if it is encased and “not easily accessible”. For example, a rifle in a soft case with a sling, carried on your back while riding. A pistol may be carried encased but not concealed on your person—it has to be in a backpack or in the saddlebags. There is no requirement for the firearm to be unloaded and/or magazine separated from the firearm.
With a CC license, concealed on your person. Otherwise, carried as without the CC license.
Under no circumstance can a weapon in/on any vehicle be openly carried, in plain view of other motorists.
Also bear in mind that two different LEOs from the same department may have different interpretations of the law. Never argue with them even if you are certain they are wrong...just sort it out in court.
—Griff

[ADulay]

Under no circumstance can a weapon in/on any vehicle be openly carried, in plain view of other motorists.
Also bear in mind that two different LEOs from the same department may have different interpretations of the law. Never argue with them even if you are certain they are wrong...just sort it out in court.
—Griff

Wrong.

I do it every day and have done so for almost 10 years now.

I have been stopped (not nearly as much as several years ago) and the end result was always the same. I was going to the range (which I do a lot) and told the kind officer that. He says "OK" and away I go.

No need to demand my rights or refuse to show ID or any of that. Just answer the question or two and be on your way.

I have NEVER been disarmed during any of these stops and only about half of the time do they even request a driver license.

I do carry (and use) the shooting and fishing gear (minimal) that is in my side bag but most of the time I'm riding to the range.

Last weekend I rode across the state to a training event for USPSA. Nary a problem. There's never a problem. Just state your business and move on.

It's really quite simple.

When I used to carry the AR-15 it was not on my back. It was on the rear seat strapped down and flagged. I've had sheriff's pull up next to me on several occasions and never even roll a window down. Hard to miss an AR on the bike.

Now that I've got the Ruger PCC, it breaks down nicely and fits into the tour pack like a glove. Still have the EDC on my belt carried openly, of course.

AD

[dammitgriff]

As I said in my comments above, refer to the actual state statutes for any changes in the law as I have not scrutinized them myself in several years.
Please post the relevant section/language that pertains to transporting firearms in a vehicle in the state of Florida, as it seems I require an update on the law.
—Griff

[BerettaRacer]

I had originally velcro'd a holster for a P3AT on top of the gauge cluster and under the blacked out windshield. But cage drivers around here really piss me off with their stupidity so much sometimes I might have actually shot somebody. So now carry in a hidden compartment that makes me get off the bike to access, so it's there 24/7 for a side of the road breakdown or emergency etc but not readily accessible underway.
A few months back I had a rear tire go flat and had to sit on the side of the main drag for a few hours waiting for the rollback to pick me up. Just a good piece of mind that I had it fully accessible while sitting there. Cops even came by and chatted for a while, made sure everything under control.

[dammitgriff]

790.25 Lawful ownership, possession, and use of firearms and other weapons.—

(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:

(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;
•••

Says, “securely encased”. You cannot LEGALLY have an uncased rifle or pistol laying on the front seat in plain view.
Any LEO who doesn’t write a ticket for it is technically violating the law.

http://www.leg.state.fl.us/Statutes/ind ... 90.25.html

[ADulay]

Keep reading a bit on farther down the page...…

(5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

[dammitgriff]

ENCASED is the key word there.
Also, NOT READILY ACCESSIBLE FOR IMMEDIATE USE.
It’s legal to have a holstered, loaded pistol Velcro‘d to the tank or inside fairing of a motorcycle. Readily accessible? Yes. But not able to be put to immediate use, because you have to unholster it first.
Thanks for bringing this issue to our attention.
Again, your cop in your area may vary in his interpretation of the law.