Transporting a Gun on Your Motorcycle.

[Momz]

Written on June 22, 2007 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, Criminal Law, Editorial, Education, General Legal, News, Regulations

California Motorycle Accident Lawyer Attorney Norman Gregory Fernandez discusses transporting firearms on a motorcycle.First off, I am not giving legal advice by this article. You should always check with a lawyer in your respective State on the issue of transporting a gun on a motorcycle or in another type of vehicle. If in doubt, call a lawyer!

Generally Bikers and Motorcyclist are allowed by law to transport a Gun on their motorcycle just like people in Cars or Cagers. I do not want to confuse the issue of transporting a gun, and carrying a gun, they are two different things.

Carrying a gun means that you have it on your person. This article does not cover carrying a gun on your person. The purpose of this article is to discuss the legality of transporting a gun on your motorcycle, especially when crossing State Lines.

There are generally two areas of law dealing with transporting guns in vehicles; Federal, and State Law. The vast majority of States will NOT let you transport a loaded gun in any type of vehicle without a permit, and MOST States have certain restrictions that are applicable to transporting guns in vehicles.

Federal Law generally states that; Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's
compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. Code of Federal Regulations Title 18, Part I, Chapter 44, § 926a.


Basically, no State can prohibit all transportation of guns or firearms because it would be violative of Federal Law and the United States Constitution, however States are allowed to regulate how they are transported. A State can also restrict certain classes of persons from carrying or transporting firearms, such as persons convicted of a felony, persons with psychiatric conditions, and so forth.

So how do you legally transport a firearm on a motorcycle, especially if you are crossing State Lines? First off you must legally be able to possess a firearm in any jurisdiction that you are traveling in! It is safe to say that those who have been convicted of felonies, or have restraining orders preventing them from having firearms, already know that they should not be transporting a gun, and that it is probably illegal for them to do so. If you are in doubt, talk to a lawyer from your State or a State in which you are traveling in.

I recommend that if you are going to transport firearms on a motorcycle that you keep the firearm unloaded, and locked in a gun box or portable gun safe. If it is an automatic or semi-automatic weapon do not put any clips in the weapon and keep the breach or slide open if possible, even when it is locked in the box or safe. It if is a revolver, take the cylinder off of the weapon and lock the gun in the box.

With respect to clips and cylinders for your weapon, I recommend keeping them in a separate locked box, and make sure that no bullets or ammunition are in the cylinders or clips.

With respect to ammunition, I recommend keeping all ammunition in a third separate locked box or container.

Now you are thinking; how the hell do I carry all of this on my motorcycle. I recommend that you keep the gun in its locked container in one saddlebag, and the two separate locked boxes for your clips, cylinders, and ammunition in the opposite saddlebag. Now you are probably asking the question; what if I do not have saddlebags? The simple answer is that if you want to transport a firearm on your motorcycle safely without being arrested and going to jail, you better go out and get some, especially if you are traveling across State lines!

Finally there is the issue of security and liability for firearms in your saddlebags. I know that most saddlebags open and close with simple leather buckles. If someone were to open your saddlebags and steal your firearms, ammo, or clips and cylinders, you could be held liable for not adequately securing your weapons and ammo. If you can, get a locking saddlebag such as Leatherlyke's or the hard type of bags that I have on my Harley Davidson Electra Glide. There are also special locking straps on certain types of saddlebags, or you can take your bags to a Shoe Repair or Leather Tailor to custom manufacture a locking strap for your saddlebags.

I know that there are many of you in certain States that are probably thinking; "I don't have to worry about this in my State." If you know the law of your State and you are not going to be traveling or crossing across State lines, than follow the law of your State.

As for me, I regularly ride across State lines, and I always error on the side of caution. The gist of interstate travel with firearms is that you are not supposed to be able to get at the weapon or ammunition so you can shoot someone. Look at the Federal Law above! Many of you are thinking; "what good is it if I cannot get to my firearm in a moments notice?" This is not the point of this article! The point of this article is how to legally transport a gun on your motorcycle.

With respect to the right of all Americans to bear arms for self defense, hunting, target practice, etc. I am a 2nd Amendment man all of the way. Unfortunately in most if not many States, guns are highly regulated.

So if you are going to be traveling across State Lines with firearms on a motorcycle protect yourself.

By Norman Gregory Fernandez, Esq., © 2007

[Black Pearl's Captain]

Why would you even bother posting a bunch of useless info from 2007. Not sure if you've read a paper or internet article since then but there are about 10,000 new guns laws since 2007. Useless load of crap you posted.

Did you move to California?

I agree with Willow's earlier remark BTW.

Raymond

[MarkT]

Fernandez is full of $hit.  Worthless advice and recommendations. At best his comments are outdated - even in 2007 most states had concealed carry available - now ALL do (with varying degress of issue).  "...in most if not many States, guns are highly regulated."  Really? Leatherlykes have effective locks.  Really?  I could smash or pry open mine with my fingers - no tools needed. I note he rides an Electra Glide and brags on it. Certainly calls his judgement in question.  Not to mention talking about "clips".  Repeatedly. No credibility. Nuff said.

[Momz]

Well most of the people I ride with are split on this issue.
Some open carry, some conceal, and a couple remove the magazines and/or break down their pistols.

Just fishing for the general concensus on how VRCC members transport their guns (ILL residents need not respond).

[Fla. Jim]

If my pants are on it's in my pocket......

[Jess from VA]

The article is generally overkill of what is necessary.

With some few exceptions*, you only need to follow the two container rule.  

This is for NO CCW transport..... and not carrying a concealed weapon with a valid permit.

Unloaded pistol is in a gun rug or softside zipper case, (or even a wrapped rag or paper bag), ammo is in a separate container of any sort (or even a wrapped rag or paper bag) (and that ammo can be preloaded into auto magazines or revolver speedloaders**).  And both are inside a 2d container, saddlebag, sissy bag (and both ammo and gun, in their own individual containers, can be in the same 2d container, they certainly are in a car trunk).  And neither the first or second containers need to be locked or even lockable.... it just must be beyond the immediate reach of an operator (and passenger) of the motorcycle.  Now I do not walk away from my bike with a (loaded or unloaded) pistol in an unlocked bag, but while traveling/transporting, nothing has to be locked.

*If dealing with the known People's Republic States, or big cities, you must study and comply with their own specific laws, even if unconstitutional or in violation of overriding Federal statute, unless you feel like a long expensive litigation, thru multiple appeals, and never getting your gun back, even if you eventually win in 10 years.

**I have a VA permit and am reciprocal in most states, including OH.  BUT in OH, if you have no permit, you may not carry preloaded mags or revolver speed loaders to comply with the two container rule.  IE, even if your unloaded gun is in a separate container, if your ammo is preloaded in mags or speedloaders in their own separate container, and both in a 2d container, you can still be charged/convicted with/of carrying a concealed weapon.  I am aware of no other jurisdiction with this rule.

[LTD]

Interesting read thanks for posting.

[IamGCW]

So this is for crossing the state lines, then can you carry it loaded?  Is this why they have welcome centers at the border, to re-assemble and load the guns?   

Gil

[sandy]

Google Alan Korwin. He's a local AZ resident who publishes books on state laws pertaining to firearm carry. You can subscribe to his monthly newsletter if you'd like.

[Bugslayer]

Good ole "Storm"..... Hadn't heard about Norm in a long time.   

[Hoser]

It is no ones business what is in your saddlebags, or your pockets, with out probable cause or resonable suspicion.  When they ask for permission to seach, just say no.  If they do it anyway, a good lawyer will beat the rap, The cops that don't know this can pay the penalty, or the city they work for.  The fourth admendment is still alive, but is hanging by a single thread.  If you are a criminal, disregard this post!   

[solo1]

Learn the laws of the state that you're passing through and abide by them.........................or not.


Geeez.

[R J]

It is no ones business what is in your saddlebags, or your pockets, with out probable cause or resonable suspicion.  When they ask for permission to seach, just say no.  If they do it anyway, a good lawyer will beat the rap, The cops that don't know this can pay the penalty, or the city they work for.  The fourth admendment is still alive, but is hanging by a single thread.  If you are a criminal, disregard this post!   

If you decline the search, they can and will IMPOUND the bike.

Just warning you of that fact.

While it is being taken to the Impound shop, they will be applying for a search warrant.    AND, the Judge will sign it for them.

[MP]

It is no ones business what is in your saddlebags, or your pockets, with out probable cause or resonable suspicion.  When they ask for permission to seach, just say no.  If they do it anyway, a good lawyer will beat the rap, The cops that don't know this can pay the penalty, or the city they work for.  The fourth admendment is still alive, but is hanging by a single thread.  If you are a criminal, disregard this post!   

If you decline the search, they can and will IMPOUND the bike.

Just warning you of that fact.

While it is being taken to the Impound shop, they will be applying for a search warrant.    AND, the Judge will sign it for them.

And, what is the reason?  Talking to LEO at rest area, he asks to search your bike.  You are telling us that you have NO RIGHT to say no?  Or at least that they can search anyone, at any time, for any reason?

[Hoser]

And later on a competent lawyer will win a case with a judge who knows the law and you will become a wealthy man with a wealthy lawyer.   Hoser

[okieryder]

It is no ones business what is in your saddlebags, or your pockets, with out probable cause or resonable suspicion.  When they ask for permission to seach, just say no.  If they do it anyway, a good lawyer will beat the rap, The cops that don't know this can pay the penalty, or the city they work for.  The fourth admendment is still alive, but is hanging by a single thread.  If you are a criminal, disregard this post!   

If you decline the search, they can and will IMPOUND the bike.

Just warning you of that fact.

While it is being taken to the Impound shop, they will be applying for a search warrant.    AND, the Judge will sign it for them.

Hmmm, is that what you did when you were CHP ? 

[Jess from VA]

I'm aware of very few occasions when a policeman just asks to search your car or bike for no reason at all.

I would never consent to any search, thou I am always polite and even friendly.

There are safety inspection checkpoints here every Spring, but they are looking for your insp. sticker, not a search of the bike.  If yours has expired you get a $90 reminder, and they send you on your way. (I have 2 Tshirts)

If they search or impound with no probable cause or even articulable suspicion, anything found will be inadmissible against you.  I would not count on some big payoff civil suit, but you would certainly be entitled to any out of pocket expenses for the delay, icnuding your attorney fee.  And the Coity/county will settle it in all likelihod........ out of pocket, not some magic punitive damage award.

Now if you are down by the Border, things can be a bit different, whether it is at the border or even 50 miles away from it on main roads North.

[MP]

I'm aware of very few occasions when a policeman just asks to search your car or bike for no reason at all.

I would never consent to any search, thou I am always polite and even friendly.

There are safety inspection checkpoints here every Spring, but they are looking for your insp. sticker, not a search of the bike.  If yours has expired you get a $90 reminder, and they send you on your way. (I have 2 Tshirts)

If they search or impound with no probable cause or even articulable suspicion, anything found will be inadmissible against you.  I would not count on some big payoff civil suit, but you would certainly be entitled to any out of pocket expenses for the delay, icnuding your attorney fee.  And the Coity/county will settle it in all likelihod........ out of pocket, not some magic punitive damage award.

Now if you are down by the Border, things can be a bit different, whether it is at the border or even 50 miles away from it on main roads North.

Well, RJ says he did it all the time when he was CHP.  Methinks overstepping the law?

MP

[okieryder]

I'm aware of very few occasions when a policeman just asks to search your car or bike for no reason at all.

I would never consent to any search, thou I am always polite and even friendly.

There are safety inspection checkpoints here every Spring, but they are looking for your insp. sticker, not a search of the bike.  If yours has expired you get a $90 reminder, and they send you on your way. (I have 2 Tshirts)

If they search or impound with no probable cause or even articulable suspicion, anything found will be inadmissible against you.  I would not count on some big payoff civil suit, but you would certainly be entitled to any out of pocket expenses for the delay, icnuding your attorney fee.  And the Coity/county will settle it in all likelihod........ out of pocket, not some magic punitive damage award.

Now if you are down by the Border, things can be a bit different, whether it is at the border or even 50 miles away from it on main roads North.

Well, RJ says he did it all the time when he was CHP.  Methinks overstepping the law?

MP

That is why a lot of people can not stand cops because of the ones that think they are God.  Maybe what went around will come around.

[cookiedough]

As far as I know as long as the gun is in a sealed (zippered/tied) case in your vehicle here in WI which is 99% of my driving,  NO problems.    Yet another reason I rarely go to IL.

Although I just got back from the car wash and could've used a pistol darn near just 20 minutes ago.  Went thru the cheapo 1.50 by hand pressure washer was only in there 2-3 minutes and while washing  the SUV, this black dude starts up with me coming in the side door talking ghetto to me wondering what is taking me so long when in fact I had 4 minutes left on MY timer.  Told him will be done in a few minutes.  He's lucky I ignored him while he talked smack to me otherwise he would've been HOSED literally. 

Sometimes idiots don't even deserve to be spoken back to or acknowledged.  If he would've gotten into my face, that pistol I should always be carrying in the vehicle would've been coming out! 

[Denny47]

Hey guys, give RJ a little slack, not flack, if we live as long as he has, we'll probably make a few mistakes also.

[BF]

This is going nowhere fast.   

[fudgie]

**I have a VA permit and am reciprocal in most states, including OH.  BUT in OH, if you have no permit, you may not carry preloaded mags or revolver speed loaders to comply with the two container rule.  IE, even if your unloaded gun is in a separate container, if your ammo is preloaded in mags or speedloaders in their own separate container, and both in a 2d container, you can still be charged/convicted with/of carrying a concealed weapon.  I am aware of no other jurisdiction with this rule.

You can OC in Ohio without a permit/lisc.

[Hoser]

Hey guys, give RJ a little slack, not flack, if we live as long as he has, we'll probably make a few mistakes also.

Hey, it works most time, things are not always done by the book, If you don't know your rights, most of the blame is on you.  If they were to impound mine, I would politely let them know that I am aware it is not legal.  If they chose to continue, it is on them.  Might just let them do the illegal search if I was in a hurry. They won't find anything illegal, cause I won't be in Illinois anyway.  
Hoser

[Quiet Thunder]

If my pants are on it's in my pocket......

Boy do I oh so agree!! Judged by 12 instead of carried by 6!