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transporting a firearm by bicycle on a public street?

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  • bsut
    Junior Member
    • Jan 2013
    • 79

    transporting a firearm by bicycle on a public street?

    I serve on the board of the California Association of Bicycling Organizations, and am a member of several firearms organizations.
    I have the 2012 edition of the excellent reference California Gun Laws.
    In Chapter 6 section IV B 2 it discusses Transporting Handguns in Vehicles. Most of the discussion is around motor vehicles, and addressing motorcycles and boats specifically.
    A bicycle in California is not a vehicle (CVC 670 and 231), though a bicyclist on a highway (a.k.a. public street) has all the rights and duties of the driver of a vehicle (CVC 21200) with respect to traffic law.

    Does a person in possession of a handgun while traveling by bicycle on a highway also have the same rights and duties as the driver of a vehicle with respect to firearms laws?
    Specifically, are the issues about locked containers, accessibility by the operator, safe passage through "gun-free school zones", etc. the same for a bicyclist as for, say, a motorcyclist or automobile driver?

    In traffic law, much hinges on whether the code specifies "motor vehicle" (in which case it applies narrowly only to motor vehicles and their operators) or "vehicle" (in which case it also applies to bicycles and their operators).
    In firearms law, is there such a distinction between "motor vehicle" and "vehicle"? Which wording is used in the codes relevant to these questions?

    I'm asking specifically about handguns because it's unlikely any of our members would wish to transport a long gun (rifle or shotgun) via bicycle on a highway, because of their weight and cumbersome size, though those answers would be interesting as well.

    For my own application, I wish to find the lightest weight and least bulky way to lawfully transport a handgun and its ammunition on both a motorcycle and a bicycle.
    My motorcycle's attached cases are rigid, locked closed, and locked to the vehicle; but my bicycle's luggage is fabric, not locked closed, and not locked to the bicycle.
    I anticipate I might find different answers for those two applications.

    Thanks for any insights!
    I am a member of:
    RWVA NRA SAF CRPA CGF FPC CAL-FFL
    sigpic
  • #2
    Diabolus
    Veteran Member
    • Mar 2006
    • 4719

    While it's not quite a bike, tenpercent has some experience traveling with firearms on a moped. There are some other pics as well that you may find interesting, or not.

    As far as the bike, I can't help with that.

    Comment

    • #3
      toby
      Banned
      • Jan 2010
      • 10576

      I will just say Good luck with that.

      Comment

      • #4
        Merc1138
        I need a LIFE!!
        • Feb 2009
        • 19742

        Originally posted by bsut
        but my bicycle's luggage is fabric, not locked closed, and not locked to the bicycle.
        I anticipate I might find different answers for those two applications.

        Thanks for any insights!
        So lock it closed.

        Comment

        • #5
          jfifer
          Veteran Member
          • Jun 2012
          • 3205

          Fanny pack or backpack or ccw tshirt. Dont leave anything on your bike

          Comment

          • #6
            covingtonhouse
            Senior Member
            • Mar 2011
            • 2212

            welll...this is anecdotal evidence and purely for entertainment purposes, but when we were kids we used to ride our dirt bikes on the public roads on the way to go squirrel hunting. The local deputies would give chase, but nothing was ever mentioned about the rifle slung over our shoulders, just "if i see you riding these motorcycles on the street again, i'm going to impound them and take you to your parents in the back of the squad car"... Seriously though, i would err on the side of caution and transport as you would in a vehicle. Ammo and weapon each locked in separate containers. There might be a grey area where you could potentially find yourself in trouble for having a concealed firearm if it was in a backpack or other bag not attached to the mode of transportation. I am speculating however and erring on the side of caution, I wont pretend to know the actual law as it pertains to your question. Take whichever of the laws are more restrictive between carrying a firearm on your person vs. in a vehicle and hold to the higher standard.
            Last edited by covingtonhouse; 05-28-2013, 6:19 PM.
            "I don't work for you!" - Joe Biden
            LGBFJB

            "Slavery is the most profitable business in human history. This explains why your current overseers across the world want a GREAT RESET. ?You will own nothing' conversely means 'they will own everything, including you.? -Jason Powers

            Comment

            • #7
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44652

              For transport purposes, bicycles are not vehicles ('motor vehicles' is the language); practically, that means that you need to be 'going someplace'.

              Handguns must be transported unloaded and in a locked case - a locking soft case in one of the bicycle bags/panniers would work. That works for school zones - vehicle is not required.

              Last edited by Librarian; 05-28-2013, 6:59 PM.
              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

              Comment

              • #8
                not-fishing
                Senior Member
                • Jan 2009
                • 2270

                Get a CCW - then it doesn't matter as long as it's concealed. which might be a little hard in lycra



                Last edited by not-fishing; 05-29-2013, 12:46 AM.
                Spreading the WORD according to COLT. and Smith, Wesson, Ruger, HK, Sig, High Standard, Browning

                Comment

                • #9
                  SJgunguy24
                  I need a LIFE!!
                  • May 2008
                  • 14849

                  Originally posted by toby
                  I will just say Good luck with that.
                  Why? I do it all the time and on public transit. Perfectly legal if transported in a locked container.
                  I have started threads about this very subject and posted about my contact with Santa Clara county sheriff while on the VTA (public transit). I was delayed but nothing came of it. I've sold a few guns of late and everytime I took public transit and ride my bike and have never once had an issue. Lock it up and act like you know what the hell your doing. If any LEO's try to mess with you have them show you where it's unlawful to travel from one place to another with a locked firearm.
                  They won't because it's legal.
                  There are 3 kinds of people in this world.
                  The wise, learn from the mistakes of others.
                  The smart, learn from their own mistakes.
                  The others, well......they just never learn.

                  "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
                  Patrick Henry.

                  Comment

                  • #10
                    SJgunguy24
                    I need a LIFE!!
                    • May 2008
                    • 14849

                    Originally posted by covingtonhouse
                    welll...this is anecdotal evidence and purely for entertainment purposes, but when we were kids we used to ride our dirt bikes on the public roads on the way to go squirrel hunting. The local deputies would give chase, but nothing was ever mentioned about the rifle slung over our shoulders, just "if i see you riding these motorcycles on the street again, i'm going to impound them and take you to your parents in the back of the squad car"... Seriously though, i would err on the side of caution and transport as you would in a vehicle. Ammo and weapon each locked in separate containers. There might be a grey area where you could potentially find yourself in trouble for having a concealed firearm if it was in a backpack or other bag not attached to the mode of transportation. I am speculating however and erring on the side of caution, I wont pretend to know the actual law as it pertains to your question. Take whichever of the laws are more restrictive between carrying a firearm on your person vs. in a vehicle and hold to the higher standard.
                    A locked firearm cannot be considered concealed by law. And nothing needs to be attached to anything except the lock in whatever is carrying the gun. I have a Maxpedition fanny pack that has a lock. My gun and 2 mags, a few extra rounds, and a copy of,the constitution all ride in,that bag. That bag is in my back pack. All legal. When I had Jury duty I told the guys at the check point what I had and that I was going to work right after. They gave me a claim slip and locked my bag up for me.
                    There are 3 kinds of people in this world.
                    The wise, learn from the mistakes of others.
                    The smart, learn from their own mistakes.
                    The others, well......they just never learn.

                    "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
                    Patrick Henry.

                    Comment

                    • #11
                      AGGRO
                      Veteran Member
                      • Oct 2009
                      • 2793

                      The area I hunt criss crosses paved roads so I have to lock pistol but I just sling the rifle and make sure a round isn't chambered. F @ W has never hassled me. http://www.calguns.net/calgunforum/a.../t-540212.html

                      Comment

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