(locked and unloaded) bicycle carry?

[SmithAndJohnson]

In an effort to save money on gas, do my part for the environment, and get my fat *** back into shape, I've been on a bicycling kick recently.

Awesomely enough for me, I have a decent indoor range within biking distance of where I live.

However, my reading of PC12026.1 tells me that "unloaded, in a locked box" only works *also* inside of a motor vehicle.

Is it legal to carry an unloaded handgun, in a locked box, in a backpack, with ammo in a separate compartment in the backpack, on a bicycle?

Does "motorcycle" qualify as a motor vehicle in this context?

How about moped or electric bicycle? (and I could just ignore the mechanical assistance and pedal myself)

It looks like I might have to drive my gun to the range and rent a locker there if I want to bike to-and-fro on a regular basis.

[rivviepop]

Regarding a motorcycle, it's legit and follows the same rules. Here is the penal code covering the issue, note that it specifically says "motor vehicle":

http://law.onecle.com/california/penal/12026.1.html

I have been advised (unofficially by just asking LEO I encounter) that the recommendation is to carry it in a way that is not attached to your body (i.e. backpack), instead carrying it in some sort of motorcycle luggage (tailbag, sidebags, etc.). There's some grey area here and you'll most likely be dealing with the specific officer's interpretation of this issue if you're stopped, so by carrying it in "luggage" you're assuring yourself of a solid legal footing.

A bicycle, well that's a good question. Here's something to think about - because a bicycle is not a motor vehicle, I bet you can open carry the handgun unloaded (i.e. fully visible belt holster) to and from the range as long as you have the reasonable expectation that you will not travel within 1000ft of a school ("gun free zone"). Of course call your local PD before doing so, never trust a random dude on an internet forum.

[WokMaster1]

It is fine the way you described. The .gov cannot discriminate the human powered 2 wheelers otherwise they will get a weeks worth of Critical Mass on their arses.....

I just don't see a patrol car pulling you over & questioning you if you are carrying a weapon especially if your bicylce costs more than his Crown Vic.

[dragonbait1a]

Good question

As I currently am seperated from my copy of "how to own a gun and stay out of jail" I gotta ask the dumb question...

Wouldn't the enclosed, locked container work even with a backpack?

That is, you put the unloaded handgun into a locking case and lock it. Put said locking case into backpack. Put ammo (I'm assuming you are carrying ammo too?) into backpack but NOT into locked case. Ride to range and from range should be no problems, just don't stop off at the 7/11.

Better legal minds abound but that would be my interpretation.

RGB

[rivviepop]

Wouldn't the enclosed, locked container work even with a backpack?

This is the grey area - since a motorbike doesn't have a "trunk" yet it is still a motor vehicle, I've been advised (informally) to substitute luggage for a trunk. In the eyes of the officer who pulls you over, a backpack might be considered as in the passenger area of your motor vehicle because it is easily accessible by the operator of said vehicle (yeah I know, it's still in a locked container). I stay on the safe side of the law and carry in a tailbag, personally - it's not like I can't use the tailbag for other things besides range trips.

[Markinsac]

For the purposes of operating on the road, a bicycle IS subject to the motor vehicle laws. In that vein, you might say that it could be considered a motor vehicle, and carry it accordingly.

It might be a good idea to ask CHP or California DOJ for a opinion on the matter.

[Shotgun Man]

In an effort to save money on gas, do my part for the environment, and get my fat *** back into shape, I've been on a bicycling kick recently.

Awesomely enough for me, I have a decent indoor range within biking distance of where I live.

However, my reading of PC12026.1 tells me that "unloaded, in a locked box" only works *also* inside of a motor vehicle.

Is it legal to carry an unloaded handgun, in a locked box, in a backpack, with ammo in a separate compartment in the backpack, on a bicycle?

Does "motorcycle" qualify as a motor vehicle in this context?

How about moped or electric bicycle? (and I could just ignore the mechanical assistance and pedal myself)

It looks like I might have to drive my gun to the range and rent a locker there if I want to bike to-and-fro on a regular basis.

I think that if you're riding a bike you need to be going directly to or from a range, gunshop, or similar destination as listed in PC 12026.2.

It does sound like there may be an equal protection problem insomuch as bicycle riders are not being afforded the broader protections of 12026.1, but i can see a court justifying the difference in treatment because a car is inherently more secure than a bike.

[dragonbait1a]

Got the book again...

From page 51 of the current "How to Own a gun and Stay out of Jail"

"2. The gun must be inside a motor vehicle and must be locked in the vehicle's trunk or in a locked container other then the utility or glove compartment"

"4. A 'Locked Container' means a secure container which is fully enclosed and locked by a padlock" Etc

on Page 52 they have a picture of a pistol in a locked case on a car seat with the caption: "The handgun in this bag doesn't violate the concealed gun law even though it is in the passenger compartment of the car, because it is in a locked container, no ammunition is attached to the gun, and the gun owner carries it to and from the car in the locked bag"

So a locked box in a backpack should be fine, the definition of motor vehicle including bicycle may be an issue.

On Page 55 it says that traveling from or to a range for target pratice is exempt from the concealed gun law. So that gives you two exemptions.

So you should be covered either way.

RGB

[WokMaster1]

Ahhh for the love, can someone just sent AM an email regarding this? I'm sure she will give us the "right' answer. Afterall it's X'mas time.

[SmithAndJohnson]

Thanks for all of your answers. Of course I'm not blindly trusting "random dudes on the Internet" for my legal advice, but they give me hope.

I might call both police departments tomorrow for their takes on this (I would be bicycling through two cities)

Ahhh for the love, can someone just sent AM an email regarding this? I'm sure she will give us the "right' answer. Afterall it's X'mas time.

Who is AM?

[U2BassAce]

I will be another random dude from the internet.

If the gun is unloaded in a locked container you are good.

Otherwise how do you get it from your house to car???? You are not in a motor vehicle for that action? Or from your work to you car? Or from the range to your car?

Lock it in a gun rug UNLOADED or a hard case if that makes you feel better. Throw it in your backpack and peddle to your hearts content. As long as you are going to and from places that fall within the law.

[rivviepop]

another thought for you on a different issue: on the way home tonight I walked past a 4-way stopsign intersection where a car plowed into a bicycle, they were loading the cyclist into the ambulance at that moment. this made me think it might be a good idea if you put some sort of basic zipper lock (sic) on the outside to keep prying eyes out of your backpack should an accident befall you and so forth - we hope it never does but **** happens as they say. maybe even ID info on the inside with the handgun? (in case the police secure it, etc.)

[Booshanky]

I used to live in San Pedro and would ride my bike to the LAPD range they had there when it was still open to the public. Since it was a police range I asked them about the legality of it and they said that essentially it had to be in a locked container. If you put a small lock on the container the gun is in and keep the ammo in a separate zippered pocket it would be fine.

[Spicy McHaggis]

A bike is considered a vehicle, so the same codes apply when transporting a firearm. I would suggest carrying the pistol in a locked container seperate from ammo inside of your backpack. The back pack would technically be the same as a "range bag" strapped over your shoulder.