Open Carry Specific > OC Questions

OC on a bicycle.

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Mister B.:
In a post on my home page I have been advised that open carry on a bicycle is a gray area. Does anyone have any clarification about that? I have been seen by local gendarmes here in Warren, while out riding, without any problems. I even got a wave from one officer in a squad car when he noticed my piece. Now I'm not so sure that I am the innocent law-abiding citizen and would like some clarification before I continue riding.

I was green carded by a sheriff's deputy at a speedway without any problem. I was a gracious law abiding citizen and thanked him for being so vigilant about doing his job. Next time I might not be so cooperative until after I'm sure he understands that he is discriminating against me because I'm the only peaceful person on the premises with a hand gun and that he has no other reason to be questioning me. I will do so politely of course while being a cooperative citizen.

Evil Creamsicle:
750.227 subsection (2) reads as follows:


--- Quote ---(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
--- End quote ---

The problem lies in the fact that the word 'vehicle', as it pertains to this section, has never been legally defined. The gray area, then, is 'does a bicycle qualify as a vehicle'.

EM87:
It is a gray area because of what was said by EC.  The law does not define 'vehicle'.  Is a bicycle a vehicle?  It could be interpreted that way by some.  Best not to be a test case.

Bronson:
As I understand it since the statute doesn't define "vehicle" or reference another law that defines what a vehicle is then it would be appropriate to use a dictionary definition.

Merriam-Webster's online dictionary defines it as: 4 : a means of carrying or transporting something

yourdictionary.com defines it as: any device or contrivance for carrying or conveying persons or objects, esp. over land or in space, as an automobile, bicycle, sled, or spacecraft

and dictionary.com defines it as: 1. any means in or by which someone travels or something is carried or conveyed; a means of conveyance or transport: a motor vehicle; space vehicles.
2. a conveyance moving on wheels, runners, tracks, or the like, as a cart, sled, automobile, or tractor.

I am not a lawyer and this is just my layman's understanding.  Always seek competent legal counsel for questions regarding the law.

Bronson

Evil Creamsicle:

--- Quote from: Bronson on June 20, 2010, 03:29:09 AM ---As I understand it since the statute doesn't define "vehicle" or reference another law that defines what a vehicle is then it would be appropriate to use a dictionary definition.

Merriam-Webster's online dictionary defines it as: 4 : a means of carrying or transporting something

yourdictionary.com defines it as: any device or contrivance for carrying or conveying persons or objects, esp. over land or in space, as an automobile, bicycle, sled, or spacecraft

and dictionary.com defines it as: 1. any means in or by which someone travels or something is carried or conveyed; a means of conveyance or transport: a motor vehicle; space vehicles.
2. a conveyance moving on wheels, runners, tracks, or the like, as a cart, sled, automobile, or tractor.

I am not a lawyer and this is just my layman's understanding.  Always seek competent legal counsel for questions regarding the law.

Bronson

--- End quote ---

To further elaborate, I believe that when a statute has not defined a term, and it comes into question in court, the court is supposed to reference the dictionary as well...

Best not to be a test case in my opinion.

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