Open carry on a motorcycle

Open Carry is carrying a firearm unconcealed in Ohio. OC does not require a concealed handgun license, but the practice requires intimate knowledge of the law since there are places and situations where OC is prohibited but carrying concealed would be permitted. OC is also likely to attract attention. This forum is for discussion of OC, not for debating the pro's and con's or coordinating any type of protest events.

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Re: Open carry on a motorcycle

Postby WY_Not » Fri Jun 12, 2015 7:06 am

Yes but I believe the CHL ORC says while riding in a vehicle you must have a CHL. :mrgreen:
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Re: Open carry on a motorcycle

Postby JustaShooter » Fri Jun 12, 2015 7:28 am

idoncare wrote:
wickedgreyzx3 wrote:
charliej47 wrote:Remember a motorcycle is a vehicle!


I don't have time to dig through ORC right now, but ORC clearly states that motorcycles are not vehicles.

I don't want to argue the details and I'm sure you'd have a hard time fighting it in court, but Ohio chl laws clearly don't line up with what is in ORC


http://codes.ohio.gov/orc/4501 is the definition you are referring to, I presume. A motorcycle is definitely a motor vehicle.

Indeed. Some pertinent sections:

(A) "Vehicles" means everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.

(B) "Motor vehicle" means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. "Motor vehicle" does not include utility vehicles as defined in division (VV) of this section, motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.


And lest you somehow think that "Motorized Bicycle" somehow means "Motorcycle", consider the following two sections:

(K) "Bicycle" means every device, other than a device that is designed solely for use as a play vehicle by a child, that is propelled solely by human power upon which a person may ride, and that has two or more wheels, any of which is more than fourteen inches in diameter.

(L) "Motorized bicycle" means any vehicle that either has two tandem wheels or one wheel in the front and two wheels in the rear, that is capable of being pedaled, and that is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface.


No question, a motorcycle is a Motor Vehicle.
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Re: Open carry on a motorcycle

Postby wickedgreyzx3 » Fri Jun 12, 2015 7:41 am

Hmm. That's either new or there is another code.. I'll look into it
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Re: Open carry on a motorcycle

Postby Werz » Fri Jun 12, 2015 8:00 am

WY_Not wrote:Yes but I believe the CHL ORC says while riding in a vehicle you must have a CHL. :mrgreen:

That's one way to look at it. It's not the way Ohio courts look at it.

State v. Todd, 2011-Ohio-5800.
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Re: Open carry on a motorcycle

Postby WY_Not » Fri Jun 12, 2015 8:04 am

I know. It is how it should be viewed though. As with the current Obamacare debacle, trying to figure out the intent of the legislature is rather subjective. The law should mean what it says. If they wanted it to mean something else, they should have written it that way. :? Of course that would mean actually reading it before passing it. :mrgreen:
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Re: Open carry on a motorcycle

Postby xd9allthetime » Fri Jun 12, 2015 9:33 am

Isn't there a distinction between 'carrying' and 'transporting'?
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Re: Open carry on a motorcycle

Postby Werz » Fri Jun 12, 2015 12:42 pm

xd9allthetime wrote:Isn't there a distinction between 'carrying' and 'transporting'?

Only to the extent that having it on your person allows you to be charged with a felony Carrying Concealed Weapons, too.
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Re: Open carry on a motorcycle

Postby slidelock » Tue Jun 16, 2015 8:06 pm

Okay, now I'm confused. Work does that to me. I am thinking that carrying a long gun on a sling or in a holster as shown in the picture would be legal with a chl or does that only apply to handguns?
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Re: Open carry on a motorcycle

Postby wkdravenna » Tue Jun 16, 2015 9:43 pm

a concealed handgun licence has nothing to do with a rifle or shotgun.
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Re: Open carry on a motorcycle

Postby Werz » Tue Jun 16, 2015 9:44 pm

slidelock wrote:Okay, now I'm confused. Work does that to me. I am thinking that carrying a long gun on a sling or in a holster as shown in the picture would be legal with a chl or does that only apply to handguns?

It's legal without a CHL, too. Just keep it unloaded. You wouldn't be able to keep it loaded in a car, either.
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Re: Open carry on a motorcycle

Postby dan dan the XD40 man » Sun Aug 16, 2015 4:04 pm

MyWifeSaidYes wrote:There are options:

Image


Oh dang now I might have to make one of those
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Re: Open carry on a motorcycle

Postby Cruiser » Sun Aug 16, 2015 4:47 pm

I doubt anyone that sees that will question if it is loaded! 8)
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Re: Open carry on a motorcycle

Postby schmieg » Sun Aug 16, 2015 11:01 pm

dan dan the XD40 man wrote:
MyWifeSaidYes wrote:There are options:

Image


Oh dang now I might have to make one of those

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Re: Open carry on a motorcycle

Postby Cruiser » Mon Aug 17, 2015 6:51 am

I sometimes use this when going to the Club.
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Re: Open carry on a motorcycle

Postby BEAR! » Thu Aug 20, 2015 3:38 pm

Cruiser wrote:I sometimes use this when going to the Club.
Image



I know I wouldn't laugh at ya for riding a scooter with that on there. :wink:
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