Motorcycle considered concealed?

[Road King]

Is wearing a handgun openly on a motorcycle the same as walking or is it the same as being in a car? I can't seem to find an answer to this mainly due to vague statements that can be found for both choices.

What I am trying to determine is if it is legal to wear a gun in Alabama without a permit while riding on a motorcycle.


Thanks

 

[eye95]

The general consensus is that being "on a motorcycle" qualifies as being "in a vehicle." However, I know of no case law on the subject. We won't know how the courts will interpret the preposition for certain until there has been an arrest and a test case. Care to volunteer?

Bottom line: Have your Concealed Handgun License to carry while riding a motorcycle and work to correct the law so that carry in a vehicle no longer requires a license any more than being in your home or walking about the public thoroughfares would.

 

[ixtow]

That seems like a pretty big gamble to take with the good ol' boys.... If you lived to see a courtroom, it would probably not go in your favor.

The same idiocy applies in FL, but we do have Case Law... We also have Case Law that invents a Printing Statute that doesn't exist in code anywhere...

Case Law, the very definition of legislating from the bench, and nobody is steaming pissed-off about it.... The Forrest is dead because the Trees are dead.

 

[Kirbinator]

It would be a test case. In certain circumstances, a bicycle is considered a vehicle, as as well "on foot". Motorcycle is no less confusing because it is considered a vehicle and one does not ride IN it but ON it. It is best to have a CPL in any situation as it removes ambiguity the process of defense.

 

[Deacon Blues]

If you think this is a fun argument, ask somebody whether or not a bicycle is a vehicle. No, seriously, don't.

The vehicle carry language originally entered the Code of Alabama shortly after the arrest of Rosa Parks, as a way of enabling police harassment and intimidation of those who opted to boycott the bus system by carpooling. After the boycott ended the next year, the law continued to be used by police and prosecutors for the practice of charge stacking in order to encourage plea bargaining. Most recently, it has been used as a way for Sheriffs to enforce the "qualifications" that they place on pistol permits - by simply making open carry a non-option for anyone that cannot restrict their mode of travel to walking.

In all cases, this particular section of code has been used as an offensive weapon against the people of Alabama. There is no reason to expect different treatment now.