senor honda

Are Motorcycle Whips Weapons or Accessories?


by Screaming Thunder·Sunday, September 4, 2016




Are Motorcycle Whips Weapons or Accessories? Re-printed from Jan. 3, 2013 article
I, the Attorney That RIDES, have been contacted by a good friend & member of the Combat Vets in Alachua County, Florida alleging that various MC “patch holders” were threatened with “arrests” for having whips on their bikes & not taking it off after several warnings. Seems certain Alachua Sheriff’s Office (ASO) deputies in their own legal opinion deem the whips hanging from brake or clutch levers are dangerous weapon. I personally studied the legal question presented to me in the scope of the Florida Statutes and the Florida case law. If you keep reading on you will have a solid legal argument to offer if your pulled over for sporting your whip!
Historically: The Chilhowee Motorcycle Leather Company (online) state that, “back in the day, you’d see Harley bikers sporting whips - hanging from their clutch or brake levers as they rode. The leather whips were usually made from the biker's club colors - to display their colors and for club recognition. But the whips were a whole lot more than just leather club colors. A biker whip could be quickly released and used "in case of emergency" just like anything else. Today bikers hang them with colors to match their bike’s custom paint job. Today in South Florida I see many riders with whips hanging from their bikes. That is why I found it troubling that certain uninformed law enforcement officers would target certain brothers in Alachua County, my old stomping grounds in Hawthorne (a one traffic light / one diner town), and threaten them with loss of freedom by way of arrest.
Weapon is defined as follows under Fla. Stat. § 790.001(13): "Weapon” means any dirk, knife, metallic knuckles, slung-shot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.” (No mention of whips)
Based on my quick research, I found the word whip in Fla. Stat. § 495.111(1)(a)(1, has whips under commercial leather goods and is the ONLY mention of whips I found in the Florida Statute (2013). I decided to research more to see if the Florida Legislature slipped in magic language to cover whips as a weapon in their weapons definition. I spend almost two hours searching for the word whip and I failed to find it in the law associated with a weapon let alone a deadly weapon.
I researched Florida case law and the Whip is not considered a weapon as currently worded in the law. The only restriction on whips I found is the licensing of race horses and how a jockey can use his whip in a horse race. This does not mean some “aggressive” LEO wont arrest you or call you out for it, but in my legal opinion I believe you may have a solid case in law should you fight the charges.
In my short research of the Florida Statutes, legal opinions, and case law…whips on bikes are motorcycle accessories certainly NOT weapons! To cover my ass, all cases have different fact patterns and if you kill someone with your whip I don’t think this article can save you. So if you take the whip and start beating your ole lady than this article does not apply to you since your causing bodily harm or possibly death in a crime of aggravated battery. There are exceptions to everything ya know!
In sum, Fla. Stat. § 790.001(13) defines what a "weapon” is, but whips were not found other than the statute I mentioned above. Unless you’re a midget riding and abusing horses at the race track you can sport your whips as you see fit on your motorcycle. If you want to read more I suggest you hang around my website at: www.AttorneyThatRIDES.com
YOU SHOULD NOT WHOLLY RELY ON THIS article, BUT FOLLOW UP WITH A FLORIDA LICENSED ATTORNEY THAT PRACTICES CRIMINAL LAW IF YOU HAVE A LEGAL ISSUE.
Gabriel Jose Carrera has been riding motorcycles since 1979. He completed American Motorcycle Institute in 1987 in Daytona Beach, FL where he started wrenching for a living. Long story short Gabe became an Attorney and started marketing as the Attorney That Ride since 2007. Gabe is a Moto-Journalist for Wheels on the Road since 2010 and in 2015 set a world record on his Harley-Davidson Road King certified by the Iron Butt Association. Gabe is a Long Distance Endurance rider and is a Hoka Hey Rider!

senor honda

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