I work in a secured facility with metal detectors and a strict No Guns policy. State law (Arkansas) allows me to keep the firearm in a locked vehicle in any parking lot of a restricted building. I’ve asked several people locally (police, firearms instructors) and nobody can tell me the legailty of storing inside a locked hard saddlebag on my motorcycle or the specific legality of having to dismount the bike in order to transfer to the locked storage.
I can put a secured metal box in the bike and attach it to the frame. It’s not so much the firearm I’m concerned about, there is a camera right above the bike that I monitor all day and it’s a safe location, my question is more about the legality of bike VS car for the definition of a locked vehicle.
I can’t find anything written in law that makes a destinction between the two, but obviously I have to dismount the bike and transfer the equipment in plain view, so technically I’m no longer ‘in’ the vehicle when I make that transfer.
My license allows me to carry in, for example, school parking areas, but specifically only if I am ON the bike. Once I step off, I’m no longer ‘in’ my personal vehicle.
Does anyone have any thoughts on this? What do you do if you ride?
Quite a conundrum, I’m no lawyer, and I don’t play one on tv. As far as I know a private conveyance includes cars, motorcycles, RV’s and boats. So stepping off the bike is considered outside your vehicle???
Can we play chess? If your finger is still on the piece, it can’t be considered a move until you lift your finger. Can you keep one foot on the kickstand? Or as long as you’re legal in the parking lot, is it obvious that you’re transferring a firearm or just placing your shaving kit in the bag.
Worse comes to worse can the transfer take place at another innocuous location?
Like I said, not a lawyer, but the question is awesome to ponder.
Try our resident atty @MikeBKY. However your states laws will take precedence.
You raise some good points. As far as stopping at a different location, yes, I could, but I’d end up just not carrying because (being winter) I’d have to find a place to pull over, park, take gloves off, make the transfer, put gloves back on, fight traffic to get back out on the road. Repeat on the way home. Not worth the hassle really.
I cannot speak specifically with respect to Arkansas law, however, I would expect the law would allow the owner of a car to step out of the car and store it in the trunk. I do not see getting off the bike to place it in a compartment on a motorcycle any differently.
@Spikes I agree with MikeBKY, but even so if it’s that critical, when you’re at your parking lot location, rather than stepping off the bike maybe just turn yourself around still on the seat, and do your thing. Will that work? As long as you’re still mounted on the bike you’re still in the vehicle (so to speak). Just a thought. Nice HOG by the way.
Pay a lawyer to get your legal advice. The legal advice you get on a forum is likely to be a bunch of guesses by armchair lawyers who will not show up to defend you when you are arrested.
Arkansas has Constitutional Carry with open carry legal. That means that clearly non-threatening visibilty of the gun during transfer is per se legal.
However, can you have a holster and lock box such that the bare gun is never out in the open; that is, you remove the holster with the gun in it and lock them away as a unit.
And, of course, it goes without saying you want to do the entire process when no one is able to see, if possible.
So I should be fine then. I’ll definitely be transferring holstered. Unfortunately I have to park in a designated area (motorcycle parking) which is highly visible in a busy parking area and there are camereas everywhere. It’s not like I’m going to be waving anything around though, slip out of belt, into safe box, tighten belt. Done.
Could you remove your helmet and use that to help obscure what you are doing?
As to your laws, I know nothing of, but in Virginia there was a court case many years ago that set precedent and stowage in the saddle bag met the legal criteria. Each state is different, though.
I, personally, would start with the state police website, then the code of law, then contact the state AG office, if still unsure.
No helmet but I can slip it with my gloves, I looked through the state police website and didn’t see anyhting but I might try going to their building and see if someone will answer me from their perspective.
Nice HOG by the way.