Results 1 to 9 of 9

Thread: Burrowing a pistol to a relative to OC together with me?

  1. #1
    Regular Member
    Join Date
    Jan 2012
    Location
    Clinton Twp
    Posts
    257

    Burrowing a pistol to a relative to OC together with me?

    Question for those that are more knowledgable then I. I took my 20 year old stepson for his NRA CPL course today. He will be applying for his CPL permit in July when he turns 21 but wanted to get the course done ASAP beforehand. He passed and did a great job (I'm so proud of him ).

    He wants to open carry with me when we go out walking, shopping etc. He does not own a gun yet and wants to burrow one of mine while we are out together until he can purchase on from a dealer when he turns 21.

    If he had his CPL I know it would be a non-issue to let him use one of my pistols with or without me being around. Since he does not have one yet is it still legal to let him use one of mine while he is in my prescense. I realize I would have to take control of said weapon BEFORE entering a vehicle and would have to give it to him outside of the vehicle so he would not be in violation of any laws.

    At 20 he can legally OC a pistol he purchased from a non-dealer, but would he or I be in any trouble for me allowing him to carry one of my pistols since it is registered in my name? I wouldn't let him borrow it without actually being with him. I am unsure if it is a violation of any law since he is a relative and I am with him.

    Please correct me if I am wrong but I do believe it is still illegal to "burrow" a pistol to a non-cpl holder. However I am unsure if this is still true if you are with the burrower and you are related to him and this pistol is registered to you?

    Also does it matter what the relation is wife, son, stepson, mother or cousin?

    Thanks
    Hevy

  2. #2
    Regular Member TheQ's Avatar
    Join Date
    Aug 2010
    Location
    Lansing, Michigan
    Posts
    3,448
    If you don't have a CPL you can only lawfully OC a Pistol owned (read: Registered) to you.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  3. #3
    Regular Member
    Join Date
    Jan 2012
    Location
    Clinton Twp
    Posts
    257
    Quote Originally Posted by TheQ View Post
    If you don't have a CPL you can only lawfully OC a Pistol owned (read: Registered) to you.
    Ok thank you very much that clears that up.

    My wife who was also supposed to attend the CPL class today but couldn't due to being sick is going "awww you mean I have to wait to OC too." hehe

    "Yes dear, feel better so you can take the darn class next weekend and we can get you your CPL."

  4. #4
    Regular Member
    Join Date
    Jan 2010
    Location
    , ,
    Posts
    129
    He can't open carry a pistol not owned by him. You could have him get a PP then give him a gun of yours until he is 21. At that time he could give it back and buy another if you wish. He could just buy one from a private seller with a PP and be done .

  5. #5
    Regular Member TheQ's Avatar
    Join Date
    Aug 2010
    Location
    Lansing, Michigan
    Posts
    3,448
    If you have a CPL you can possess any pistol that is lawfully owned by anyone.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  6. #6
    Regular Member NHCGRPR45's Avatar
    Join Date
    May 2010
    Location
    Chesterfield Township, MI
    Posts
    1,137
    Why wouldn't that be under the "direct supervision" rule. For instance when me and my daughter go to the pit or someplace similar she has her own holster for her sidearm and as long as I have direct LOS then I allow her to have it on her while doing the various things we do at the range. We observe all rules, and she and I both visually and tactile search the gun and chameber to ensure safety.
    But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Declaration of Independence July 4, 1776

    Michigan Concealed Pistol Instructor. Cost 80.00 With advanced techniques included free. PM for more information!

  7. #7
    Regular Member Bronson's Avatar
    Join Date
    Jul 2008
    Location
    Battle Creek, Michigan, USA
    Posts
    2,157
    Quote Originally Posted by NHCGRPR45 View Post
    Why wouldn't that be under the "direct supervision" rule.
    Because for that to apply you have to be at a range or shooting facility. You can't just walk around with somebody else's gun if you don't have a CPL.

    http://www.legislature.mi.gov/(S(zf1...ame=mcl-28-422

    (1) Except as otherwise provided in this section, a person shall not purchase, carry, possess, or transport a pistol in this state without first
    having obtained a license for the pistol as prescribed in this section.

    . . .


    (12) This section does not apply to a person who possesses a pistol if all of
    the following conditions apply:


    (a) The person is not otherwise prohibited from possessing a pistol.


    (b) The person is at a recognized target range or shooting facility.


    (c) The person possesses the pistol for the purpose of target practice or
    instruction in the safe use of a pistol.


    (d) The owner of the pistol is physically present and supervising the use of
    the pistol.
    Bronson
    Last edited by Bronson; 03-25-2012 at 01:59 AM.
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

  8. #8
    Regular Member NHCGRPR45's Avatar
    Join Date
    May 2010
    Location
    Chesterfield Township, MI
    Posts
    1,137
    Thank you Bronson for clearing that up!
    But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Declaration of Independence July 4, 1776

    Michigan Concealed Pistol Instructor. Cost 80.00 With advanced techniques included free. PM for more information!

  9. #9
    Regular Member michaelm_ski's Avatar
    Join Date
    Jan 2012
    Location
    Clare , MICHIGAN
    Posts
    99

    Borrowing a firearm

    If you want your son to carry with you get him a PP and sign it to him while in your company and when done lock it up in a safe or with a gun lock as you would do normally that way you can share the joy of open carry together and do it legally .

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •