Carrying a Weapon in Restricted Areas on Bicycle

[SicilianSecrets]

Ok guys... I know that I can drive through a school zone with a firearm in my car. What if my vehicle is my bicycle, and the gun is in a bag attached to the bike? The bike has front lights and flashing rears, and is my transportation. Can I traverse the streets through LSU or other school zones in this fashion? I know conceal carry is a no go, but the bicycle is a legit vehicle. A police officer can give me a ticket while on a bike, I can bike on the street, so isn't this a "vehicle" I can carry a gun in? It would not be concealed carry, because the gun is "in" the vehicle, not on my person. Any help would be greatly appreciated.

 

[4-14]

RS 32 first says vehicles are not propelled by human power...then goes on to say a bike or an animal being ridden is a vehicle and a trailer would be a separate vehicle.

in a vehicle or not, you can't conceal unless you have the permit. So open carry on a bike, not sure...I open carry on my motorcycle, but it is considered a motor vehicle.


(4) "Bicycle" means every device upon which any person may ride, propelled exclusively by human power, and having one or more wheels.
(38) "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and excluding a motorized bicycle.
(39) "Motor driven cycle" means every motorcycle, including every motor scooter, with a motor of not to exceed five horsepower.
(40) "Motor vehicle" means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but excluding a motorized bicycle. "Motor vehicle" shall also include a "low-speed vehicle" which is a four-wheeled, electric-powered vehicle with a maximum speed of not less than twenty miles per hour but not more than twenty-five miles per hour and is equipped with the minimum motor vehicle equipment appropriate for vehicle safety as required in 49 C.F.R. 571.500.
(41) "Motorized bicycle" means a pedal bicycle which may be propelled by human power or helper motor, or by both, with a motor rated no more than one and one-half brake horsepower, a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which produces a maximum design speed of no more than twenty-five miles per hour on a flat surface.

(92) "Vehicle" means every device by which persons or things may be transported upon a public highway or bridge, except devices moved by human power or used exclusively upon stationary rails or tracks. A bicycle or a ridden animal shall be a vehicle, and a trailer or semitrailer shall be a separate vehicle.

 

[SicilianSecrets]

Thanks man. I'm going to go with this form of "vehicle" carry is a no-go.

 

[SicilianSecrets]

Now, I have my CC permit, but if I was moving through a school zone outside of a vehicle, it would be illegal, but on or in a vehicle, it would be legal?

 

[SicilianSecrets]

I think it boils down to is the bike considered a vehicle. Technically, I would think it is, since I can legally ride my bicycle in traffic and must obey all traffic laws.

 

[SicilianSecrets]

I'll probably stop by the State Police headquarters and ask around. I ride late at night, and early in the morning, for exercise, around the LSU lakes and surrounding area, and want to make sure I don't break the law.

 

[alpinehyperlite]

I'd say based on the highlighted part, bicycle is a no go.

§95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at school-sponsored functions, or in a firearm-free zone

A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.

B. For purposes of this Section, the following words have the following meanings:

(1) "Campus" means all facilities and property within the boundary of the school property.

(2) "Nonstudent" means any person not registered and enrolled in that school or a suspended student who does not have permission to be on the school campus.

(3) "School" means any elementary, secondary, high school, vocational-technical school, college, or university in this state.

(4) "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.

C. The provisions of this Section shall not apply to:

(1) A federal law enforcement officer or a Louisiana-commissioned state or local Post Certified law enforcement officer who is authorized to carry a firearm.

(2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.

(3) Any person having the written permission of the principal or as provided in R.S. 17:3361.1.

(4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3.

(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.

(6) Any student carrying a firearm to or from a class, in which he is duly enrolled, that requires the use of the firearm in the class.

(7) A student enrolled or participating in an activity requiring the use of a firearm including but not limited to any ROTC function under the authorization of a university.

(8) A student who possesses a firearm in his dormitory room or while going to or from his vehicle or any other person with permission of the administration.

D.(1) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school-sponsored function, or in a firearm-free zone shall be imprisoned at hard labor for not more than five years.

(2) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, on school property or in a firearm-free zone with the firearm or dangerous weapon being used in the commission of a crime of violence as defined in R.S. 14:2(B) on school property or in a firearm-free zone, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Paragraph and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively. Upon commitment to the Department of Public Safety and Corrections after conviction for a crime committed on school property, at a school-sponsored function or in a firearm-free zone, the department shall have the offender evaluated through appropriate examinations or tests conducted under the supervision of the department. Such evaluation shall be made within thirty days of the order of commitment.

E. Lack of knowledge that the prohibited act occurred on or within one thousand feet of school property shall not be a defense.

F.(1) School officials shall notify all students and parents of the impact of this legislation and shall post notices of the impact of this Section at each major point of entry to the school. These notices shall be maintained as permanent notices.

(2)(a) If a student is detained by the principal or other school official for violation of this Section or the school principal or other school official confiscates or seizes a firearm or concealed weapon from a student while upon school property, at a school function, or on a school bus, the principal or other school official in charge at the time of the detention or seizure shall immediately report the detention or seizure to the police department or sheriff's department where the school is located and shall deliver any firearm or weapon seized to that agency.

(b) The confiscated weapon shall be disposed of or destroyed as provided by law.

(3) If a student is detained pursuant to Paragraph (2) of this Subsection for carrying a concealed weapon on campus, the principal shall immediately notify the student's parents.

(4) If a person is arrested for carrying a concealed weapon on campus by a university or college police officer, the weapon shall be given to the sheriff, chief of police, or other officer to whom custody of the arrested person is transferred as provided by R.S. 17:1805(B).

G. Any principal or school official in charge who fails to report the detention of a student or the seizure of a firearm or concealed weapon to a law enforcement agency as required by Paragraph (F)(2) of this Section within seventy-two hours of notice of the detention or seizure may be issued a misdemeanor summons for a violation hereof and may be fined not more than five hundred dollars or sentenced to not more than forty hours of community service, or both. Upon successful completion of the community service or payment of the fine, or both, the arrest and conviction shall be set aside as provided for in Code of Criminal Procedure Article 894(B).

Acts 1991, No. 833, §1; Acts 1992, No. 197, §1; Acts 1993, No. 844, §1; Acts 1993, No. 1031, §1; Acts 1994, 3rd Ex. Sess., No. 25, §1; Acts 1994, 3rd Ex. Sess., No. 38, §1; Acts 1994, 3rd Ex. Sess., No. 107, §1; Acts 1999, No. 1236, §1; Acts 2010, No. 925, §1; Acts 2013, No. 400, §1; Acts 2014, No. 324, §1.

 

[SicilianSecrets]

I'd say based on the highlighted part, bicycle is a no go.

That is crystal clear thanks man. Looks like I'll just have more coffee to ensure I have the energy to fly if I run into trouble around the lakes.

 

[AustinBR]

That is crystal clear thanks man. Looks like I'll just have more coffee to ensure I have the energy to fly if I run into trouble around the lakes.

I know people who have looked up this exact thing and settled on carrying an expandable baton and a big can of Freeze +P OC spray. Should solve most problems that you could encounter on a bike by LSU - ya know, crazy dogs and girls in clothing that is entirely too tight!

 

[alpinehyperlite]

I know people who have looked up this exact thing and settled on carrying an expandable baton and a big can of Freeze +P OC spray. Should solve most problems that you could encounter on a bike by LSU - ya know, crazy dogs and girls in clothing that is entirely too tight!

"or dangerous weapon". To many LEO, an expandable baton falls under this.

 

[4-14]

§95.6. Firearm-free zone; notice; signs; crime; penalties
A. A "firearm-free zone" is an area inclusive of any school campus and within one thousand feet of any such school campus, and within a school bus.

And by this ^^I cant ride my motorcycle with a holstered pistol within 1000' of a school...damn...

 

[altimar]

§95.6. Firearm-free zone; notice; signs; crime; penalties
A. A "firearm-free zone" is an area inclusive of any school campus and within one thousand feet of any such school campus, and within a school bus.

And by this ^^I cant ride my motorcycle with a holstered pistol within 1000' of a school...damn...

I think a motorcycle is a motor vehicle.

Also, if you have a state recognized concealed handgun permit, you are exempt from the 1000' zone restriction. This was a change implemented about 3? years ago.

From the law above:
C. The provisions of this Section shall not apply to:
...
(4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3.

 

[madwabbit]

a motorcycle is indeed a motor vehicle.

can you use it on the interstate? Y = motor vehicle. N = not.

Not would include: bicycles, 4 wheelers, horses, etc.

 

[AustinBR]

a motorcycle is indeed a motor vehicle.

can you use it on the interstate? Y = motor vehicle. N = not.

Not would include: bicycles, 4 wheelers, horses, etc.

Is there actually a law that says you can't ride a bike on the interstate?

--Sent From My Galaxy S4

 

[4-14]

True, but according to the bolded section of alpine's post, not sure if "on" a motorcycle would be considered "entirely within" a motor vehicle.

This also means you are screwed if you ride a motorcycle, have to pass within 1000' of a school, and don't have a CHP/CHL/CCW Permit....

 

[Warthog]

Is there actually a law that says you can't ride a bike on the interstate?

--Sent From My Galaxy S4

Anything less than 5 brake horsepower may not be operated on the interstate. I'll get you the exact legislation when I get home.

 

[madwabbit]

Is there actually a law that says you can't ride a bike on the interstate?

--Sent From My Galaxy S4

§263. Special restrictions on use of Louisiana Interstate highways

A. No person owning live stock, as defined in R.S. 3:2802, or having same under his care and control, shall knowingly, willfully or negligently permit such live stock to go upon any Louisiana interstate highway.

B. No person shall drive, or permit to be driven on any Louisiana interstate highway, any farm tractor, road tractor or other vehicle which is normally operated at a speed of less than 20 miles per hour.

C. The use of any Louisiana interstate highway by pedestrians, bicycles, or other non-motorized vehicles is prohibited.

 

[alpinehyperlite]

I think a motorcycle is a motor vehicle.

Also, if you have a state recognized concealed handgun permit, you are exempt from the 1000' zone restriction. This was a change implemented about 3? years ago.

From the law above:
C. The provisions of this Section shall not apply to:
...
(4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3.

But in this instance you have to figure out where school property is and isn't. Lsu owns much of the property around the lakes. This would not be part of the 1000ft. It would be actual school property.

 

[altimar]

But in this instance you have to figure out where school property is and isn't. Lsu owns much of the property around the lakes. This would not be part of the 1000ft. It would be actual school property.

Good point. It isn't always clear what is or isn't school property. I'm not familiar with that area, but would it be safe to assume that a public street is not considered school property? OP was talking about "traversing the streets through LSU...".