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Michigan State Police Memo: Open Carry


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http://www.michigan.gov/documents/ms...2_336854_7.pdf

Possession of pistols by non-residents

MCL 28.432 makes it legal for non-residents of Michigan who hold valid CPLs issued by another state to possess a non-concealed pistol in Michigan without complying with Michigan’s pistol registration requirements. Additionally, MCL 28.422 exempts residents of other states from Michigan’s pistol registration requirements therefore, allowing them to possess a pistol in Michigan, if all of the following requirements are met:

 

1. The person is licensed by his or her state of residence to purchase, transport, or carry a pistol,

2. The person is in possession of the license while in Michigan,

3. The person owns the pistol possessed in Michigan,

4. The person possesses the pistol for a lawful purpose as defined in MCL 750.231a, and

5. The person is in Michigan less than 180 days and does not intend to establish residency here.

 

A non-resident must present the license issued by his or her state of residence to a police officer upon demand. Failure to do so is a 90-day misdemeanor. When transporting a firearm in Michigan, non-residents must transport pistols in compliance with MCL 750.231a (discussed above in the Transporting Firearms section), unless they have a concealed pistol license issued by their state of residence.

 

The MSP have finally relented after they have lost every legal argument that a CPL requires concealment and that non-CPL including non-residents of MI may open carry as the above conditions are met. FOID qualifies, but residents of WI or VT would not as there are no state issued permits of any type for firearms.

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1. The person is licensed by his or her state of residence to purchase, transport, or carry a pistol,

 

So I could have a FOID card from IL and openly carry a pistol in Michigan assuming I fulfill the other 4 requirements?

 

The way that the FOID card is setup in IL it seems to function like a license.

you need the FOID card to purchase and transport... so i see it as qualifying for rule 1... but the real question is does the state consider it to follow rule number 1...

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This is not written like IOWA's

It says

The person is licensed by his or her state of residence to purchase, transport, or carry a pistol,

Since FOID doesnt allow us to carry I dont see how this would work.

 

Now it would be cool if we could carry on our UTAH or PA but it says state of residence.

 

So I dont see how this law helps us. It is great for them however.

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i just got the following response

 

Mr. Derbas,

 

In Michigan, non-residents may possess (not concealed) a pistol in

Michigan if they are licensed by their state of residence to purchase,

carry, or transport a pistol, MCL 28.422. As a result, an Illinois

resident can possess a pistol in Michigan if they have an Illinois

Firearm Owner's Identification Card (FOID Card). In order to lawfully

do so, the person must possess their FOID Card while in Michigan,

present it to a police officer upon demand, possess the pistol only for

lawful purposes, and they must be the owner of the pistol.

 

You do not have a license to carry a concealed pistol, therefore, you

must carry the pistol visible and non-concealed. Michigan has statutes

that prohibit possession of a firearm in certain areas, MCL 750.234d and

MCL 750.237a. The above list is not intended to be an exhaustive list

of the premises upon which possession of a firearm is prohibited. I

recommend that you research Michigan laws regarding the areas you will

be visiting.

 

Additionally, when transporting a pistol in Michigan, it must be

unloaded in a closed case designed for the storage of firearms in the

trunk of a vehicle or if no trunk, not readily accessible to the

occupants of the vehicle, MCL 750.231a. Per Michigan law, a pistol

carried in the interior of a vehicle is always considered concealed, MCL

750.227.

 

The following are links to the above mentioned statutes for your

review:

 

MCL 28.422

http://www.legislature.mi.gov/(S(cuh13fuo1lbiu5ioep4qx445))/documents/mcl/pdf/mcl-28-422.pdf

 

 

MCL 750.231a

http://www.legislature.mi.gov/(S(cuh13fuo1lbiu5ioep4qx445))/documents/mcl/pdf/mcl-750-231a.pdf

 

 

MCL 750.234d

http://www.legislature.mi.gov/(S(cuh13fuo1lbiu5ioep4qx445))/documents/mcl/pdf/mcl-750-234d.pdf

 

 

MCL 750.237a

http://www.legislature.mi.gov/(S(emtshr55shfeft450p04fx55))/documents/mcl/pdf/mcl-750-237a.pdf

 

 

MCL 750.227

http://www.legislature.mi.gov/(S(emtshr55shfeft450p04fx55))/documents/mcl/pdf/mcl-750-227.pdf

 

 

Sincerely,

 

Sergeant Aimee Maike

Training and Standards Division

Michigan State Police

7426 N. Canal Road

Lansing, MI 48913

(517) 636-6031

 

so there you go... with the FOID card we can open carry in MI

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Additionally, when transporting a pistol in Michigan, it must be

unloaded in a closed case designed for the storage of firearms in the

trunk of a vehicle or if no trunk, not readily accessible to the

occupants of the vehicle, MCL 750.231a. Per Michigan law, a pistol

carried in the interior of a vehicle is always considered concealed, MCL

750.227.

 

Doesn't that mean, open carry only while outside the vehicle?

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Additionally, when transporting a pistol in Michigan, it must be

unloaded in a closed case designed for the storage of firearms in the

trunk of a vehicle or if no trunk, not readily accessible to the

occupants of the vehicle, MCL 750.231a. Per Michigan law, a pistol

carried in the interior of a vehicle is always considered concealed, MCL

750.227.

 

Doesn't that mean, open carry only while outside the vehicle?

 

yea... open carry can not carry in vehicle.. u need CC license to carry in vehicle... bummer i know...

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Hatchet: I have a question that I would like to clarify a little better. Since you have allready started a dialog with the MSP would you like to ask or I will contact them myself. What about open carry on a motorcycle? I have thought about a road trip up there but allways decide against it because of the non-carry issue. Jim.

 

I would have to think that unless your motorcycle has an actual "interior", you would be good to go. The intent appears to be that, when you are in a car or truck, there are many places to "conceal" a loaded handgun within an accessible reach. Carrying openly on your motorcycle, the gun would still be in plain view and not be concealed at all.

 

Per Michigan law, a pistol

carried in the interior of a vehicle is always considered concealed, MCL

750.227.

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Hatchet: I have a question that I would like to clarify a little better. Since you have allready started a dialog with the MSP would you like to ask or I will contact them myself. What about open carry on a motorcycle? I have thought about a road trip up there but allways decide against it because of the non-carry issue. Jim.

Sergeant Aimee Maike,

 

Thank you again on your previous response. As i was mentioning this to a friend a new question came up. How should we handle the firearms if we are traveling on a motorcycle. I tried to find something from the state police website, but was unable to locate where it conforms to firearms and motorcycles.

 

Thank you again for your time and help,

Joe

 

i'll let yall know if i get a response...

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so there you go... with the FOID card we can open carry in MI

 

Thanks for the info. Very interesting. However, I still find any carry that excludes vehicles basically worthless. Basically, it's like WI is currently for their residents. Open carry, but the restrictions make it too cumbersome to even try.

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so there you go... with the FOID card we can open carry in MI

 

Thanks for the info. Very interesting. However, I still find any carry that excludes vehicles basically worthless. Basically, it's like WI is currently for their residents. Open carry, but the restrictions make it too cumbersome to even try.

 

But it will take those who choose to carry in spite of the onerous restrictions to show how illogical the vehicle prohibition is. Vehicle carry has always been a round-a-bout way to severely restrict the right to carry. By removing the most practical transport means the state also severely limits the exercise of a right . Driving may be a privilege, but you do not lose your other rights just because you drive.

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Hatchet: I have a question that I would like to clarify a little better. Since you have allready started a dialog with the MSP would you like to ask or I will contact them myself. What about open carry on a motorcycle? I have thought about a road trip up there but allways decide against it because of the non-carry issue. Jim.

 

I would have to think that unless your motorcycle has an actual "interior", you would be good to go. The intent appears to be that, when you are in a car or truck, there are many places to "conceal" a loaded handgun within an accessible reach. Carrying openly on your motorcycle, the gun would still be in plain view and not be concealed at all.

 

Per Michigan law, a pistol

carried in the interior of a vehicle is always considered concealed, MCL

750.227.

 

I would ask for clarification from the MSP about the open carry on a motorcycle. If you do receive word it is legal to do so, I would carry this correspondence with me on that trip. I could very easily see a cop believing that sitting on a motorcycle is the same as sitting in the interior of a vehicle. There are enterprising and/or zealous cops that will still site you and let the courts figure it out.

 

Reading it again.....

 

Per Michigan law, a pistol

carried
in the interior
of a vehicle is
always
considered concealed, MCL

750.227.

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It seems that the people who write laws forget about we who use a motorcycle as transportation, and not just a "Sunday ride." Jim.

 

That's VERY true. The only time they DO remember us is when some kid dies in a motorcycle crash. Then they want a helmet law.

 

[rant]

 

They ignore the fact that it was his friend's bike, that he was an untrained/unskilled/UNLICENSED rider, that he was going 120 mph when a car turned in front of him and died of internal injuries. They ignore the fact that his noggin was untouched....without so much as a scratch or a bruise.....they still insist a helmet could have saved him.

 

[/rant]

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just got word...

 

Mr. Derbas,

 

Unfortunately, Michigan law does not provide guidance on how to legally

transport a pistol while traveling on a motorcycle. MCL 750.231a states

if the motor vehicle (which includes a motorcycle) does not have a

trunk, the pistol must be unloaded, in a closed case designed for the

storage of firearms, and not readily accessible to the occupants. There

are various arguments regarding whether or not a person could transport

a pistol in or on a motorcycle and have it " not readily accessible to

the occupant." I am not aware of any Michigan appellate court decisions

regarding this issue. In instances such as this where the legality is

not certain, I must recommend that you consult the advise of private

legal counsel regarding this issue.

 

Sincerely,

 

Sergeant Aimee Maike

Training and Standards Division

Michigan State Police

7426 N. Canal Road

Lansing, MI 48913

(517) 636-6031

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Hatchet: I have a question that I would like to clarify a little better. Since you have allready started a dialog with the MSP would you like to ask or I will contact them myself. What about open carry on a motorcycle? I have thought about a road trip up there but allways decide against it because of the non-carry issue. Jim.

 

You could always go with something like this :thumbsup: ...

 

http://i91.photobucket.com/albums/k315/smittyp83/MotorcycleSeatTexas-style.jpg

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Hatchet: I have a question that I would like to clarify a little better. Since you have allready started a dialog with the MSP would you like to ask or I will contact them myself. What about open carry on a motorcycle? I have thought about a road trip up there but allways decide against it because of the non-carry issue. Jim.

 

You could always go with something like this :thumbsup: ...

 

http://i91.photobucket.com/albums/k315/smittyp83/MotorcycleSeatTexas-style.jpg

That is a must have. Please tell where to find something like that?!!?!?!?!

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Hatchet: I have a question that I would like to clarify a little better. Since you have allready started a dialog with the MSP would you like to ask or I will contact them myself. What about open carry on a motorcycle? I have thought about a road trip up there but allways decide against it because of the non-carry issue. Jim.

 

You could always go with something like this :thumbsup: ...

 

http://i91.photobucket.com/albums/k315/smittyp83/MotorcycleSeatTexas-style.jpg

 

Drooling...

 

:drama:

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