Question - Legal Carry of Shotgun/Rifle in Scabbard on Motorcycle?

[Guest PAULSHOOT]

I ride a motorcycle or a scooter to a Forest Range east of Newport, TN to shoot (previously only used a 22 Pistol and a BB CO2 Pistol that I carry in saddle bag). Legal to carry in saddle bag with or without a Carry Permit (same as your car  as treated as your home).

 

I did get a carry permit - just to be legal if I want to take it off the MC or out of the Car for any reason. Plus, might want to carry at times.

 

The question I have now is Can I Carry a Rifle or a Shotgun in a scabbard on the motorcycle?

 

Looking thru the codes in TN 39-17 would drive anyone not a lawyer NUTS. Lawyers must be nuts to start with. Just joking.

 

I think I can legally do so, but I plan to ask local law officer to see what they say.

 

I bought a scabbard at Flea Market Saturday and was able to fix it to the MC (CB500X Honda) to where I feel safe carrying the Shotgun and for now an Air Pump BB/Pellet Rifle). Might get damage to the guns if I drop the bike and likely real serious damage should I wreck.  

 

Other than that, I just worry about the legal aspect and thought I might share information as well as get some inputs. Inputs if you are sure and not just guessing would be appreciated. :-)  

 

[monkeylizard]

Yes, you can carry it in a scabbard on your bike.

 

I'm not sure what you mean by "I did get a carry permit - just to be legal if I want to take it off the MC or out of the Car for any reason. Plus, might want to carry at times." Your HCP applies only to handguns. Unless it's in/on your vehicle or incident to other lawful activity (ie hunting, target shooting, educational demonstration, etc.) you can't carry a long gun in TN.

Edited January 12, 2016 by monkeylizard

[peejman]

Yes, you can do that. But don't be surprised if you get pulled over and questioned. The recent law changes here make it pretty clear, but I wouldn't be surprised if someone who sees you calls it in.

[Oh Shoot]

Yes, you can do that. But don't be surprised if you get pulled over and questioned. The recent law changes here make it pretty clear, but I wouldn't be surprised if someone who sees you calls it in.

 

Statute is of course not without the customary tinge of gray, what with the "in a motor vehicle" wording.

 

- OS

[peejman]

Statute is of course not without the customary tinge of gray, what with the "in a motor vehicle" wording.

 

- OS

 

 

True, but a motorcycle is technically a motor vehicle.  It's the "in" part that's potentially sketchy.  Personally, I would argue that anything in a luggage compartment or on your person would qualify as "in" for a motorcycle.  But I can certainly see that if I went riding down the road with a rifle case on my back, I might get pulled over and questioned.

 

 

Heaven forbid the legislators consider that people do actually use something other than a limo with a driver and security team for transportation. 

Edited January 13, 2016 by peejman

[Spots]

So many times I have wanted to strap a scabbard on the bike and slip a birds head grip, 18" pump gun down in it, but 2 things stop me. One, I don't really have the money to be the test case for "in the motor vehicle " and Two I don't know how to secure it in the scabbard if we stop to eat or anything on a run.

Sent from behind the anvil

[Guest PAULSHOOT]

I did stop at Sevierville Police Station and talked to an officer. She said, "You are Legal, but might get stopped to ask what you are doing."

 

 

So far with a couple trips to the range 56 tp 63 miles one way there have been no issues. I have passed several law officers (police and sheriff and TN Hwy Patrol), don't know if they spotted the scabbard tied to side of scooter or not.

 

Today, I will be carrying 22 rifle on one side and BB Pump Rifle on the other side.  

 

Issues I see are: 

1) I hate to think about a MC wreck anytime, but likely guns would be destroyed. I think just dropping the MC (like when stopped or near stopped) might not result in too much damage at the angle they set. By The Way - I am hauling on a Maxi Scooter, 400 Burgman, as more room to tie the scabbards and take supplies along).  

Edited February 20, 2016 by PAULSHOOT

[Cherokee Slim]

Several people come to Cowboy matches with their long guns in scabbards. I wouldn't worry about it.
Cherokee Slim

[Guest PAULSHOOT]

No worry here.

 

I was told legal by Police Officer at the Police Station when I asked in particular about rifles in Scabbard.

 

I was also told on a previous inquiry at Police Station regarding carrying my pistol on MC (before I bought the rifle) that MC is like Car is like Home (at least in TN). Suggested best in saddle bag or trunk. Having it in a holster on belt on MC could cause concern. If stopped for any reason tell officer you have a gun with you. Carry concealed or not concealed and loaded or not loaded on or in the vehicle (MC or Car).  

[monkeylizard]

No worry here.

 

I was told legal by Police Officer at the Police Station when I asked in particular about rifles in Scabbard.

 

I was also told on a previous inquiry at Police Station regarding carrying my pistol on MC (before I bought the rifle) that MC is like Car is like Home (at least in TN). Suggested best in saddle bag or trunk. Having it in a holster on belt on MC could cause concern. If stopped for any reason tell officer you have a gun with you. Carry concealed or not concealed and loaded or not loaded on or in the vehicle (MC or Car).  

 

Point of clarification, in Tennessee there is no duty to inform. That said, if the officer knows you're carrying, you are required to produce your HCP if asked. Although you don't actually need an HCP in your car/on your bike any longer, 1359 doesn't take that into account and still applies. If asked, you must present. If not asked, no duty to inform.

Edited February 20, 2016 by monkeylizard

[Oh Shoot]

....

I was also told on a previous inquiry at Police Station regarding carrying my pistol on MC (before I bought the rifle) that MC is like Car is like Home (at least in TN)...

 

It certainly wasn't until less than two years ago.

 

It had previously been long unlawful to carry loaded firearms in your vehicle in TN period.  Then only a handgun was legal, but only with a permit. Then also a long gun, with permit,  as long as a round was not chambered.

 

Now finally, any gun, loaded or not, by anyone not prohibited from possession period. Though it still takes a permit to legally keep them in vehicle in posted lots, employer lots, or school property.

 

- OS

Edited February 20, 2016 by Oh Shoot

[Guest PAULSHOOT]

Also, can't take them out of the Car or I guess that would also mean Off the MC. 

 

It's all a bit confusing (when and where , etc.), but for sure I would not be worried about the hauling in my car or carrying on my MC (Scooter actually) in Scabbards for the rifles and in trunk for the pistol (with or without a HGC   Permit). 

 

I do have the HGC Permit  now, but did go to the range  before I got that. 

Edited February 20, 2016 by PAULSHOOT