Delaware Open Carry
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OC on motorcycle?
http://www.deloc.org/forums/viewtopic.php?f=25&t=10942
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Author:  swerve [ Tue Aug 16, 2016 3:15 am ]
Post subject:  OC on motorcycle?

So I know that while I'm driving a car my firearm must remain in plain view such as on the seat or dashboard. What about while riding a motorcycle? Would I be ok to just leave it on my hip, I mean it's in plain sight. Anybody have any experience with this?

Author:  GatorDude [ Tue Aug 16, 2016 10:18 am ]
Post subject:  Re: OC on motorcycle?

There is no absolute right answer. There is very little guidance in the case law regarding when something is open versus concealed and even if "in plain sight" does not mean it is not concealed (there is actually at least one case in Delaware where a firearm was seized without a warrant because it was "in plain sight" but was still deemed to be carrying a concealed deadly weapon). Conversely, a knife whose clip was sticking out of a pocket was deemed not to be concealed (I posted this case from the Court of Common Pleas but caution that I'm not sure any other case would end in the same result/conclusion).

If the firearm is in a holster that it not covered by anything and the firearm is clearly visible, I don't know how much more "open" you could carry it safely.

Author:  Boots [ Tue Aug 16, 2016 10:36 am ]
Post subject:  Re: OC on motorcycle?

swerve wrote:
.... What about while riding a motorcycle? Would I be ok to just leave it on my hip, I mean it's in plain sight. Anybody have any experience with this?
I've been doing it for more than 7 years. Never had an issue with it.

Author:  swerve [ Sun Aug 21, 2016 5:40 pm ]
Post subject:  Re: OC on motorcycle?

Awesome thanx for the insight. Anybody ever been pulled over while carrying on a motorcycle? I guess I'm just nervous they would say it falls under the federal law of carrying a loaded gun in a vehicle without permit/license.

Author:  astro_wanabe [ Sun Aug 21, 2016 5:52 pm ]
Post subject:  Re: OC on motorcycle?

swerve wrote:
Awesome thanx for the insight. Anybody ever been pulled over while carrying on a motorcycle? I guess I'm just nervous they would say it falls under the federal law of carrying a loaded gun in a vehicle without permit/license.

There is no such federal law. There is one to help protect you legally when transporting a firearm through multiple states, perhaps you were thinking of that?

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