nilla
Regular Member
let me make some assimilates, and then i'll get to the point.
so when you OC and get into your car, a pistol on your hip would be hidden from plain view by the center console or the door, but this is still considered OC because if you were to get out of your car, the pistol would no longer be concealed, but in plain view.
now, what about on a motorcycle? a passenger on a touring bike would most likely have the same result because of the top box/backrest/armrests, and i'd like to think the same thought process applies.
as soon as you get off the bike, the pistol is again in plain view.
but here's where feel there is a divergence, and the application no longer fits to a motorcycle: motorcycle personal protective gear/rain gear.
in order for a jacket to perform it's design function, it must be worn as intended, just as any piece of Personal Protective Equipment. on your torso, buttons buttoned, zippers zipped. not upside down, backwards or inside out.
so are you supposed to bunch up the leather jacket/frogg-toggs™ above and around your hip holster and expose your waist/lower back to the elements/potential road-rash in the unfortunate event of an unplanned get-off? i contest that you are not. in the same respect, in order for a car's side air bags and seat belts to perform their design function, you are supposed to be properly seated and have the seat belt worn properly and buckled.
my point; do you need a CHL to carry and ride a motorcycle with the proper PPE?
one might counter with 'well, it is illegal to drive your car unless you are seated in the driver seat and wearing your seatbelt properly' so you do not have the option to openly carry wile legally driving, and that my leather motorcycle jacket/frogg-toggs™ is an optional piece of PPE that i am choosing to wear.
i would rebut with a the Daimler-Chrysler Jeep that is often driven on and off-road with out doors (when the weather is nice) and since these doors are optional and just as necessary to provide for protection from the elements/injury in the unfortunate event of a roll-over that every one who has driven a vehicle with removable doors is guilty of carrying a concealed weapon if they do not have a CHL.
one might counter with 'well, as soon as i get out of my car i am openly carrying, and your jacket is a piece of clothing'
i would rebut that as soon as i put the kickstand down, i doff my helmet along with the rest of my PPE and am again openly carrying. my jacket is not a piece of lounge attire that i wear to leisurely and comfortably peruse the grocery aisles. it has a specific purpose and function, as does your car door and seatbelt.
i feel like this is an up-hill argument but none-the-less; i'm open and welcome to discussion on this. either here on this forum, or at the courthouse steps tomorrow at 1000 am sharp as we turn ourselves in for carrying concealed without a CHL at the Linn county jail for holding until trial.
so when you OC and get into your car, a pistol on your hip would be hidden from plain view by the center console or the door, but this is still considered OC because if you were to get out of your car, the pistol would no longer be concealed, but in plain view.
now, what about on a motorcycle? a passenger on a touring bike would most likely have the same result because of the top box/backrest/armrests, and i'd like to think the same thought process applies.
as soon as you get off the bike, the pistol is again in plain view.
but here's where feel there is a divergence, and the application no longer fits to a motorcycle: motorcycle personal protective gear/rain gear.
in order for a jacket to perform it's design function, it must be worn as intended, just as any piece of Personal Protective Equipment. on your torso, buttons buttoned, zippers zipped. not upside down, backwards or inside out.
so are you supposed to bunch up the leather jacket/frogg-toggs™ above and around your hip holster and expose your waist/lower back to the elements/potential road-rash in the unfortunate event of an unplanned get-off? i contest that you are not. in the same respect, in order for a car's side air bags and seat belts to perform their design function, you are supposed to be properly seated and have the seat belt worn properly and buckled.
my point; do you need a CHL to carry and ride a motorcycle with the proper PPE?
one might counter with 'well, it is illegal to drive your car unless you are seated in the driver seat and wearing your seatbelt properly' so you do not have the option to openly carry wile legally driving, and that my leather motorcycle jacket/frogg-toggs™ is an optional piece of PPE that i am choosing to wear.
i would rebut with a the Daimler-Chrysler Jeep that is often driven on and off-road with out doors (when the weather is nice) and since these doors are optional and just as necessary to provide for protection from the elements/injury in the unfortunate event of a roll-over that every one who has driven a vehicle with removable doors is guilty of carrying a concealed weapon if they do not have a CHL.
one might counter with 'well, as soon as i get out of my car i am openly carrying, and your jacket is a piece of clothing'
i would rebut that as soon as i put the kickstand down, i doff my helmet along with the rest of my PPE and am again openly carrying. my jacket is not a piece of lounge attire that i wear to leisurely and comfortably peruse the grocery aisles. it has a specific purpose and function, as does your car door and seatbelt.
i feel like this is an up-hill argument but none-the-less; i'm open and welcome to discussion on this. either here on this forum, or at the courthouse steps tomorrow at 1000 am sharp as we turn ourselves in for carrying concealed without a CHL at the Linn county jail for holding until trial.