Firearms in a Motorcycle saddlebag

A question about firearms and motorcycles:
by jon gutmacher

I was emailed a question that came up on a Facebook discussion on Florida Concealed Carry.  I took exception to the opinion by another attorney as to the validity of having a firearm "securely encased" in an affixed saddlebag.   From my standpoint -- which means my opinion -- the law is clear on the point, and allows it as "securely encased".  This was my analysis:

• I totally disagree. Doughty v. State, 979 So. 2d 1048 (Fla 4DCA 2008), simply held that a fanny pack with a firearm inside while riding on a motorcycle was unlawful under 790.25(5) because it was "on the person" which is prohibited by that section, except as to CWP holders. Since a motorcycle is a "conveyance" per law -- it's "interior" would be anything other than it's "exterior", otherwise the only place you could store something "securely encased" would be inside the gas tank -- which is absurd, and would render the section meaningless to motorcycles, and exclude them without rational basis. Common sense and the Constitution would require that any compartments physically attached to a motorcycle such as within affixed saddlebags -- would become its "interior" as to their storage area. Of course, this would be different if the saddlebags were not mounted to the motorcycle. One warning -- a regular pedal bike -- is not a "conveyance", thus, a saddlebag on a pedal bike will always be prohibited unless with a CWP. Jon H. Gutmacher -- author -- Florida Firearms -- Law, Use & Ownership.

Hope that helps.