View Full Version : open carry transporting without a CPL?
UPSIDE-DOWN-FACE
12-31-2008, 03:49 AM
my question is, how do you transport a pistol in a vehicle without a CPL if you want to open carry?
Joeywhat
12-31-2008, 03:56 AM
Unload the pistol and lock in the trunk before you enter your vehicle.
UPSIDE-DOWN-FACE
12-31-2008, 03:59 AM
isnt there some law that you can only transport a pistol with a CPL or if you going to a shooting range, repair shop, etc.?
Joeywhat
12-31-2008, 04:00 AM
Do you mean without a CPL?
You can transport a pistol for any lawful purpose. Open carrying is a "lawful purpose".
UPSIDE-DOWN-FACE
12-31-2008, 04:06 AM
cool. thanks for the clarification.
ghostrider
12-31-2008, 10:38 AM
isnt there some law that you can only transport a pistol with a CPL or if you going to a shooting range, repair shop, etc.?
Do you mean without a CPL?
You can transport a pistol for any lawful purpose. Open carrying is a "lawful purpose".Joeywhat is correct that OC is "lawful purpose" however, understand that some officers and prosecutors may view "lawful purpose as defined in the law" to be what your post indicates.
dougwg
12-31-2008, 10:40 AM
There is more to it than that.
I suggest you do a lot more research before you transport or OC.
Knowledge is power.
UPSIDE-DOWN-FACE
12-31-2008, 12:16 PM
There is more to it than that.
I suggest you do a lot more research before you transport or OC.
Knowledge is power.
i have done lots of research. but the 1 thing that isnt clear to me is transporting the pistol. if you and me define OC as a "lawfull purpose" and the law does not. than it is illegal. right?
Garbo
12-31-2008, 12:18 PM
There is more to it than that.
I suggest you do a lot more research before you transport or OC.
Knowledge is power.
I'm sure you can point him in the right direction better than most out here Doug. You have any links you can share?
Joeywhat
12-31-2008, 12:22 PM
i have done lots of research. but the 1 thing that isnt clear to me is transporting the pistol. if you and me define OC as a "lawfull purpose" and the law does not. than it is illegal. right?
The law does define OC as being legal. However more then a few agencies do not share views with the current laws and decide to make their own.
dougwg
12-31-2008, 12:57 PM
Preliminary exam transcript. Just a small portion for now.
If you would like to learn more about this case you should be at the 35th district court January 2nd 2009 (this friday) @ 8:30 am
THE COURT:
Okay, well, let's try it another Okay, alright. And that one I'll going with this one. So, let's adjourn, parties to brief law, apply to facts, as presented at exam. Let's see what we got.
MS. VASICEK: (Wayne county ADA)
Your Honor, just for clarification, would you tell me exactly what points of law you would like the People to brief?
THE COURT:
Yeah, I would like you to tell me why you think it was not open carry, cause it if was open carry, then he shouldn't be here at all, and we wouldn't have an exam, that's not a crime. Everybody seems to be in agreement that open carry in Michigan is permitted. So, if it's not open carry, I mean, if you believe that it's not open carry, I want to know what you have that would suggest to me that there's case law that says this is not open carry. Case law so decisive enough, that I have officers and supervisors who are experienced, and still don't know on the road what they're supposed to be doing. And, then I want to know what you believe was a violation of the transport law, because the testimony appears to be that all the times the weapon was in the vehicle, it was in the case. So, I'd like to know what you believe was the violation of the transport. There seems to be something here about a lock, I don't recall whether the law requires a locked case, but I had two officers that were satisfied that when the firearm went back into the car, into the case, that it was complying with the law. So, if it came out of that same case, it must be in compliance with the law. So, I need you tell me why you think that it was tansported inappropriately and in violation of the law. And any case law and facts that you have to suggest that he broke the law here at all, alright. In the meantime, I guess I don't have to explain yours, you need to weigh in as to why you don't think the law was broken in either one of those situations.
MR. COTTRELL:(Defense)
Yes, Your Honor.
THE COURT:
Alright, good luck to you all.
(At 1:00 p.m., matter concluded.)
a new guy
12-31-2008, 06:06 PM
I thought the law stated: for repair, to and from ranges or for registration purposes.
dougwg
12-31-2008, 06:08 PM
It does plus more.
Have you read the actual law? http://legislature.mi.gov/doc.aspx?mcl-750-231a
750.231a Exceptions to MCL 750.227(2); definitions.
Sec. 231a.
(1) Subsection (2) of section 227 does not apply to any of the following:
(a) To a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence except where the pistol is carried in nonconformance with a restriction appearing on the license.
(b) To the regular and ordinary transportation of pistols as merchandise by an authorized agent of a person licensed to manufacture firearms.
(c) To a person carrying an antique firearm as defined in subsection (2), completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle.
(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.
(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.
(2) As used in this section:
(a) "Antique firearm" means either of the following:
(i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or replica of such a firearm, whether actually manufactured before or after 1898.
(ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(b) "Lawful purpose" includes the following:
(i) While en route to or from a hunting or target shooting area.
(ii) While transporting a pistol en route to or from his or her home or place of business and place of repair.
(iii) While moving goods from 1 place of abode or business to another place of abode or business.
(iv) While transporting a licensed pistol en route to or from a law enforcement agency or for the purpose of having a law enforcement official take possession of the weapon.
(v) While en route to or from his or her abode or place of business and a gun show or places of purchase or sale.
(vi) While en route to or from his or her abode to a public shooting facility or public land where discharge of firearms is permitted by law, rule, regulation, or local ordinance.
(vii) While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted by law, rule, regulation, or local ordinance.
History: Add. 1964, Act 215, Eff. Aug. 28, 1964 ;-- Am. 1973, Act 191, Eff. Mar. 29, 1974 ;-- Am. 1974, Act 55, Imd. Eff. Apr. 1, 1974 ;-- Am. 1978, Act 280, Imd. Eff. July 6, 1978 ;-- Am. 2002, Act 82, Imd. Eff. Mar. 26, 2002 ;-- Am. 2008, Act 196, Eff. Jan. 7, 2009
a new guy
12-31-2008, 06:13 PM
A long time ago, I'm sure I need to read it again to refresh my memory.
i have done lots of research. but the 1 thing that isnt clear to me is transporting the pistol. if you and me define OC as a "lawfull purpose" and the law does not. than it is illegal. right?
This confuses me as well, How does one lawfully Open Carry while commuting from one place to another. Someone without a CPL that is.
Would the scenario play out like this?
Have pistol in trunk or otherwise unaccessible, goto Walmart, access the pistol, load it, chamber it, holster it. Then shop awhile. Return to vehicle unload the pistol and return it to the case. Goto Home Depot, then repeat the previous process?
dougwg
12-31-2008, 06:19 PM
This confuses me as well, How does one lawfully Open Carry while commuting from one place to another. Someone without a CPL that is.
Would the scenario play out like this?
Have pistol in trunk or otherwise unaccessible, goto Walmart, access the pistol, load it, chamber it, holster it. Then shop awhile. Return to vehicle unload the pistol and return it to the case. Goto Home Depot, then repeat the previous process?
Correct.
Silly ain't it.
dougwg
12-31-2008, 06:23 PM
We also have this little gem
Michigan State Police Web Site. Transporting a pistol in a motor vehicle?
Answer: A person is now permitted to transport a pistol for a lawful purpose if the owner or occupant of the vehicle is the registered owner of the firearm and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, the pistol may be in the passenger compartment of the vehicle unloaded and inaccessible to the occupants of the vehicle. The law defines ‘lawful purpose’ as: 1) While en route to or from a hunting or target shooting area. 2) While transporting a pistol to or from home or place of business and a place of repair. 3) While moving goods from one place of residence or business to another place of residence or business. 4) While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol. 5) While en route to or from home or place of business to a gun show or place of purchase or sale. 6) While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted. 7) While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance.
3) No local ordinance concerning firearm possession is enforceable due to Michigan’s preemption law. http://legislature.mi.gov/doc.aspx?mcl-123-1102
Correct.
Silly ain't it.
Yeah, I posted a question similar to this at miopencarry.org and thats basically the answer I got. I just registered for my CPL class mainly so I would have a easier time should I choose to carry openly.
ghostrider
12-31-2008, 06:42 PM
i have done lots of research. but the 1 thing that isnt clear to me is transporting the pistol. if you and me define OC as a "lawfull purpose" and the law does not. than it is illegal. right?The law often list "definitions" of terms used in law. An example would be.
Section 28.421
FIREARMS (EXCERPT)
Act 372 of 1927
28.421 Definitions.
Sec. 1.
As used in this act:
(a) “Felony” means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761.1, or a violation of a law of the United States or another state that is designated as a felony or that is punishable by death or by imprisonment for more than 1 year.
(b) “Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber.
(c) “Misdemeanor” means a violation of a penal law of this state or violation of a local ordinance substantially corresponding to a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine, or both.
(d) “Peace officer” means, except as otherwise provided in this act, an individual who is employed as a law enforcement officer, as that term is defined under section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28.602, by this state or another state, a political subdivision of this state or another state, or the United States, and who is required to carry a firearm in the course of his or her duties as a law enforcement officer.
(e) “Pistol” means a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.
(f) “Purchaser” means a person who receives a pistol from another person by purchase or gift.
(g) “Reserve peace officer”, “auxiliary officer”, or “reserve officer” means, except as otherwise provided in this act, an individual authorized on a voluntary or irregular basis by a duly authorized police agency of this state or a political subdivision of this state to act as a law enforcement officer, who is responsible for the preservation of the peace, the prevention and detection of crime, and the enforcement of the general criminal laws of this state, and who is otherwise eligible to possess a firearm under this act.
(h) “Retired police officer” or “retired law enforcement officer” means an individual who was a certified police officer or certified law enforcement officer as those terms are defined under section 2(k) of the commission on the law enforcement standards act, 1965 PA 203, MCL 28.602, and retired in good standing from his or her employment as a police officer or law enforcement officer.
(i) “Seller” means a person who sells or gives a pistol to another person.http://www.legislature.mi.gov/(S(5acmphup2stwk4vd435ai345))/mileg.aspx?page=getObject&objectName=mcl-28-421
The law doesn't make any such "definitions" for "lawful purpose" during transport. MCL 750.227 is the law restricting carrying in a vehicle.
Section 750.227
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.227 Concealed weapons; carrying; penalty.
Sec. 227.
(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.
(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.
http://www.legislature.mi.gov/(S(5acmphup2stwk4vd435ai345))/mileg.aspx?page=getObject&objectName=mcl-750-227
MCL 750.227 (2) appears to restrict any transport of a firearm in a vehicle, without a license. However, MCL 750.231a is a list of exceptions to MCL 750.227(2).
Section 750.231a
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.231a Exceptions to MCL 750.227(2); definitions.
Sec. 231a.
(1) Subsection (2) of section 227 does not apply to any of the following:
(a) To a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence except where the pistol is carried in nonconformance with a restriction appearing on the license.
(b) To the regular and ordinary transportation of pistols as merchandise by an authorized agent of a person licensed to manufacture firearms.
(c) To a person carrying an antique firearm as defined in subsection (2), completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle.
(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.
(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.
(2) As used in this section:
(a) "Antique firearm" means either of the following:
(i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or replica of such a firearm, whether actually manufactured before or after 1898.
(ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(b) "Lawful purpose" includes the following:
(i) While en route to or from a hunting or target shooting area.
(ii) While transporting a pistol en route to or from his or her home or place of business and place of repair.
(iii) While moving goods from 1 place of abode or business to another place of abode or business.
(iv) While transporting a licensed pistol en route to or from a law enforcement agency or for the purpose of having a law enforcement official take possession of the weapon.
(v) While en route to or from his or her abode or place of business and a gun show or places of purchase or sale.
(vi) While en route to or from his or her abode to a public shooting facility or public land where discharge of firearms is permitted by law, rule, regulation, or local ordinance.
(vii) While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted by law, rule, regulation, or local ordinance.http://www.legislature.mi.gov/(S(5acmphup2stwk4vd435ai345))/mileg.aspx?page=getObject&objectName=mcl-750-231a
Notice that in subsection (2)(b) the law provides some examples of what "lawful purpose" "includes". It makes no "definition" of "lawful purpose" however, there are supposedly other areas of the law where the phrase, "...includes, but not limited too..." has been used. My understanding is that some officers or prosecutors are interpreting subsection (2)(b) to be exclusive (rather than inclusive), due to the lack of the phrase, "...but not limited too...". Therefore, it is suggested that MCL 750.231a, subsection (2)(b) is a definitions list of lawful purpose, rather than just an examples list.
Mind you, this is just an opinion I developed from information gathered from other parties on the internet. One of those parties is someone who is reportedly a LEO, on another forum. Truth is, I've never had any other interaction with that individual that would verify his claim of office, but the other members of that MI based forum seem to regard him as legit.
This could be a topic for the Legal Beagle section, just as much as the OC section, but I would not be surprised if it hadn't already been covered.
Venator12
12-31-2008, 09:14 PM
A long time ago, I'm sure I need to read it again to refresh my memory.
You should read it again as some changes took place in 2006 I believe. The wording for lawful purposes is (b) "Lawful purpose" includes the following: The word "includes" means a partial list. But in many places people have substituted the word "defines" in place of "includes". As others have stated there is some question on transport without a CPL. The MSP believe any lawful purpose is allowed and that includes self defense. But as you can see from Doug's post at least one county prosecutor thinks otherwise. We will have more info on this case after Jan. 2nd.
PhotoTom
01-01-2009, 02:28 AM
Here's an excerpt from MSP's Legal Update (No. 59 - November 20, 2007):
BACK TO BASICS
Note: The following material does not represent new law. Instead, it is intended to reinforce basic rules of law that police officers frequently apply.
Pistols may only be transported in a vehicle for a “lawful purpose”
The Michigan concealed weapons statute (MCL 750.227(2)) makes it illegal to transport a pistol anywhere in a vehicle unless the person is licensed to carry a concealed pistol. Exceptions can be found in MCL 750.231a, which allows transportation of pistols for a “lawful purpose.” A lawful purpose is defined as going to or from any one of the following:
A hunting or target area
A place of repair
Moving goods from a home or business to another home or business
A law enforcement agency (for a safety inspection or to turn the pistol over to the agency)
A gun show or place of sale or purchase
A public shooting facility
Public land where shooting is legal
Private property where a pistol may be lawfully used
While this list seems exhaustive, it’s worth noting that the statute does not allow a person to transport a pistol in a vehicle simply because they choose to do so. In such cases, the person would be in violation of MCL 750.227.
Also, the statute describes how a pistol must be transported by a person not licensed to carry a concealed pistol. In such cases, a pistol must be carried for a “lawful purpose” and be:
Unloaded
In a closed case designed for firearms
In the trunk (or if the vehicle has no trunk, it must not be readily accessible to the occupants)
Not the law...but MSP's interpretation of the law...
ghostrider
01-01-2009, 03:08 AM
Here's an excerpt from MSP's Legal Update (No. 59 - November 20, 2007):
Not the law...but MSP's interpretation of the law...That's interesting since Sgt. Deasy has stated otherwise. It reminds me of the legal update that indicated that OC could be prohibited by local ordinance (at least that's how it looked to me). They made a correction in a later month. I'm wondering if we might see a similar correction as the OC local ordinance (paraphrasing) thing happened.
Since I don't have the money to pay for lawyers, I'm just going to take my CPL class and get my permit to carry concealed. :smile:
I don't really have the money for that either but it seems cheaper in the long run than the cost of lawyers and lost time from work while in court if someone decides to call the cops on me while I'm holstering my gun in Walmarts(or some other venue's) parking lot.
To me the laws right now are too vague and open to too many interpretations to take the chance.
UPSIDE-DOWN-FACE
01-01-2009, 04:02 AM
[QUOTE=dougwg]
(vii) While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted by law, rule, regulation, or local ordinance.
this doesnt mean i can transport it to MIJER, then get it out of my trunk and OC indide. only to "PRIVATE PROPERTY" on mine right?
Venator12
01-01-2009, 12:26 PM
[QUOTE=dougwg]
(vii) While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted by law, rule, regulation, or local ordinance.
this doesnt mean i can transport it to MIJER, then get it out of my trunk and OC indide. only to "PRIVATE PROPERTY" on mine right?
Meijers is private property, so you can go there and OC. You can transport for ALL LAWFUL PURPOSES. Sgt. Deasy of the MSP has stated that ALL LAWFUL purposes are allowed.
The quote from the MSP site uses the word DEFINES, not INCLUDES as the stature states. This word usage further perpetuates the mistaken view that the only lawful purposes are what the statute uses as examples of a few lawful purposes.
dougwg
01-01-2009, 12:33 PM
Mijer, Burger King, Starbucks, 7-11 are all private property.
A city park would be "public property".
Was that your question?
UPSIDE-DOWN-FACE
01-01-2009, 01:01 PM
Mijer, Burger King, Starbucks, 7-11 are all private property.
A city park would be "public property".
Was that your question?
yes. that makes sense to me.
dougwg
01-01-2009, 01:03 PM
Keep in mind that if you wish to go to public property you should drive to and park on private property theN holster up and walk to the public property.
UPSIDE-DOWN-FACE
01-01-2009, 08:44 PM
Keep in mind that if you wish to go to public property you should drive to and park on private property the holster up and walk to the public property.
very good thinking!
Hcidem
01-07-2009, 12:13 PM
The issue of transporting to public or private locations where the discharge of a firearm is allowed makes me think about our self defense law. In particular, the law states that no crime is commited by shooting an attacker in self-defense. Of course, it carries the caveat that the defender must be in a place in which they are legally present.
This is certainly an issue for the attorneys to hash out in court after a shooting occurs. However, we should be able to argue that the self defense law provides us a legal purpose to be essentially anywhere we otherwise may be legally present (with the exception of the gun free zones).
Marine_mike
01-10-2009, 05:02 AM
I'm just wondering what to do with my pistol when I drive my jeep (wrangler). W/O my back seat in... everywhere in my vehicle is accessible. So literally speaking.. it is legally impossible to store my pistol anywhere in my jeep without violating the law. Anyone have a solution to this? I plan on obtaining my CPL, but once I get home and pick up my new(to me) xd45.. I plan on range shooting it.
fbuckner
01-10-2009, 09:19 AM
You keep it in it's case and the ammo in a seperate location IE your glove box. Leave the firearm in the back of yor road toad (Jeep) and you will be good.
dougwg
01-10-2009, 11:55 AM
Although there is no law stating that you must, a lock on the case should help in the perceived notion of it being "inaccessible".
ghostrider
01-10-2009, 12:42 PM
Although there is no law stating that you must, a lock on the case should help in the perceived notion of it being "inaccessible".
+1
I recommend using a lock on your case during transport, and this is one of the reasons.
Marine_mike
01-10-2009, 01:48 PM
Thanks guys... and this is why I joined the site in the first place.
Hcidem
01-10-2009, 02:26 PM
I would add the option of mounting a lockable box to the floor - either under the seat or somewhere in the back. The law requires that the pistol is not accessible to occupants if there is no trunk. A mounted lockbox could be used in a way which would prevent your accessing it.
I'm not sure if this would become questionable if you were to also transport a passenger.
K12144
01-11-2009, 01:50 PM
(vii) While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted by law, rule, regulation, or local ordinance.
So I'm still unclear on this. What is "to be used" supposed to mean? That you ("you" being a person without a CPL) actually have to be taking the pistol to somewhere to shoot it, or can you take it to a friend's house where you're staying, from whence you would be at some point taking it to a range to shoot it?
Hcidem
01-11-2009, 08:26 PM
So I'm still unclear on this. What is "to be used" supposed to mean? That you ("you" being a person without a CPL) actually have to be taking the pistol to somewhere to shoot it, or can you take it to a friend's house where you're staying, from whence you would be at some point taking it to a range to shoot it?
This is an excellent question. In today's society we have been conditioned to be overly careful to cross-evaluate everything we see. If we are to perform as conditioned, we need to careful ask what does "to be used" mean.
On the other hand, our laws have been legislated to protect the general public from "bad guys." We should not have to ask what "to be used" is supposed to mean. Its a sad commentary on what life in our society has become.
Regarding the actual question, usage requirements for firearms typically interject "lawful purpose" as a requirement. Personally, I maintain that the stand-your-ground provision introduced into the castle doctrine law provides self-defense as a statutory lawful purpose. Supposedly, our rights to self-defense (as protected by the Michigan constitution) should already allow the carrying of a firearm as a lawful purpose. I suggest we all begin to understand and communicate the lawful purpose of a pistol to primarily mean self-defense, as well as to incidentally mean target shooting and hunting.
Marine_mike
01-12-2009, 10:54 PM
You sir...just made my brain bleed a little...lol
Venator12
01-13-2009, 10:46 AM
You keep it in it's case and the ammo in a seperate location IE your glove box. Leave the firearm in the back of yor road toad (Jeep) and you will be good.
No law states ammo must be in a separate container. As long as the gun is unloaded and secured in a trunk, or in a gun case in an area not readily accessible to the occupants of the vehicle you are legal. Some recommend that you separate them, but it is not required.
TRANSPORTING A HANDGUN:
750.231a Exceptions to MCL 750.227(2); definitions.
Sec. 231a.
(1) Subsection (2) of section 227 does not apply to any of the following:
(a) To a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence except where the pistol is carried in nonconformance with a restriction appearing on the license.
(b) To the regular and ordinary transportation of pistols as merchandise by an authorized agent of a person licensed to manufacture firearms.
(c) To a person carrying an antique firearm as defined in subsection (2), completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle.
(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.
(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.
(2) As used in this section:
(a) “Antique firearm” means either of the following:
(i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or replica of such a firearm, whether actually manufactured before or after 1898.
(ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(b) “Lawful purpose” includes the following:
(i) While en route to or from a hunting or target shooting area.
(ii) While transporting a pistol en route to or from his or her home or place of business and place of repair.
(iii) While moving goods from 1 place of abode or business to another place of abode or business.
(iv) While transporting a licensed pistol en route to or from a law enforcement agency for the purpose of having a safety inspection performed on the pistol as is required by section 9 of 1927 PA 372, MCL 28.429, or for the purpose of having a law enforcement official take possession of the weapon.
(v) While en route to or from his or her abode or place of business and a gun show or places of purchase or sale.
(vi) While en route to or from his or her abode to a public shooting facility or public land where discharge of firearms is permitted by law, rule, regulation, or local ordinance.
(vii) While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted by law, rule, regulation, or local ordinance.
Hcidem
01-13-2009, 11:46 AM
You sir...just made my brain bleed a little...lol
Sorry 'bout that. The more I write, the worse I get. :lolup:
I think our tangled statutes show that we need to backflush the legal system every hundred years or so. Wipe the board clean, and begin anew.
who dat
01-13-2009, 11:55 AM
Sorry 'bout that. The more I write, the worse I get. :lolup:
I think our tangled statutes show that we need to backflush the legal system every hundred years or so. Wipe the board clean, and begin anew.
Or like Jim Simmons says, create a third branch of government whose job is only to wipe the old laws off the books.
ghostrider
01-13-2009, 12:59 PM
Or like Jim Simmons says, create a third branch of government whose job is only to wipe the old laws off the books.
Stellar.
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