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.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

User avatar
WY_Not
OFCC Patron Member
OFCC Patron Member
Posts: 2435
Joined: Wed May 02, 2007 10:15 pm
Location: Miami County, OH
Contact:

Re: Open carry on a motorcycle

Post by WY_Not »

Yes but I believe the CHL ORC says while riding in a vehicle you must have a CHL. :mrgreen:
Learn how Project Appleseed is supporting freedom through Marksmanship and Heritage clinics.
Samuel Adams wrote:If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Open carry on a motorcycle

Post by JustaShooter »

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" onclick="window.open(this.href);return false; 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.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
wickedgreyzx3
Posts: 281
Joined: Wed Jan 05, 2011 10:46 pm
Location: Summit County

Re: Open carry on a motorcycle

Post by wickedgreyzx3 »

Hmm. That's either new or there is another code.. I'll look into it
User avatar
Werz
OFCC Patron Member
OFCC Patron Member
Posts: 5506
Joined: Sun Aug 16, 2009 2:37 am

Re: Open carry on a motorcycle

Post by Werz »

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.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
User avatar
WY_Not
OFCC Patron Member
OFCC Patron Member
Posts: 2435
Joined: Wed May 02, 2007 10:15 pm
Location: Miami County, OH
Contact:

Re: Open carry on a motorcycle

Post by WY_Not »

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:
Learn how Project Appleseed is supporting freedom through Marksmanship and Heritage clinics.
Samuel Adams wrote:If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.
xd9allthetime
Posts: 279
Joined: Thu May 05, 2011 8:58 am
Location: Miami County

Re: Open carry on a motorcycle

Post by xd9allthetime »

Isn't there a distinction between 'carrying' and 'transporting'?
Great minds think alike, unfortunately so do stupid ones...
User avatar
Werz
OFCC Patron Member
OFCC Patron Member
Posts: 5506
Joined: Sun Aug 16, 2009 2:37 am

Re: Open carry on a motorcycle

Post by Werz »

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.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
slidelock
Posts: 198
Joined: Mon Apr 07, 2008 4:13 am

Re: Open carry on a motorcycle

Post by slidelock »

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?
User avatar
wkdravenna
Posts: 3025
Joined: Sun Jun 12, 2011 6:08 pm
Location: Toledo Ohio

Re: Open carry on a motorcycle

Post by wkdravenna »

a concealed handgun licence has nothing to do with a rifle or shotgun.
My fellow Americans, ask not what your country can do for you, ask what you can do for your country. - JFK
User avatar
Werz
OFCC Patron Member
OFCC Patron Member
Posts: 5506
Joined: Sun Aug 16, 2009 2:37 am

Re: Open carry on a motorcycle

Post by Werz »

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.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
User avatar
dan dan the XD40 man
Posts: 8370
Joined: Mon Dec 26, 2005 9:49 am
Location: Cleveland Ohio
Contact:

Re: Open carry on a motorcycle

Post by dan dan the XD40 man »

MyWifeSaidYes wrote:There are options:

Image
Oh dang now I might have to make one of those
Poop!
Cruiser
OFCC Member
OFCC Member
Posts: 10911
Joined: Mon Jul 04, 2005 6:41 pm
Location: Mercer County, Ohio - what is yours?

Re: Open carry on a motorcycle

Post by Cruiser »

I doubt anyone that sees that will question if it is loaded! 8)
Abandon ye all HOPE!
User avatar
schmieg
OFCC Coordinator
OFCC Coordinator
Posts: 5751
Joined: Mon Jul 04, 2005 11:11 pm
Location: Madeira, Ohio

Re: Open carry on a motorcycle

Post by schmieg »

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

Image
Oh dang now I might have to make one of those
My daughter has one for her horse tack that holds a Winchester Model 94.
-- Mike

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
Cruiser
OFCC Member
OFCC Member
Posts: 10911
Joined: Mon Jul 04, 2005 6:41 pm
Location: Mercer County, Ohio - what is yours?

Re: Open carry on a motorcycle

Post by Cruiser »

I sometimes use this when going to the Club.
Image
Abandon ye all HOPE!
BEAR!
Posts: 3548
Joined: Wed Jul 06, 2005 1:00 am
Location: S.W. Montgomery county

Re: Open carry on a motorcycle

Post by BEAR! »

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:
NRA Endowment Member
OFCC Member

"Life is tough, its even tougher when you're stupid"- John Wayne

http://theoldtimeway.blogspot.com/
Post Reply