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Thread: OC in Car?

  1. #1
    Regular Member MikeTheGreek's Avatar
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    OC in Car?

    Aha. You all probably thought I was going to ask if I could OC in my car, no, I know it's illegal.

    My question IS, are there any efforts being made right now to legalize OC in a car without a CPL? If so, I'd love to help.

    As someone who gets in an out of cars all day every day to make a living, it's kind of important to me.
    Molon Labe

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  2. #2
    Regular Member TheQ's Avatar
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    OC in Car?

    Michigan Open Carry is looking to work such a bill next session.
    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 FreeInAZ's Avatar
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    Unhappy Tomorrow, Tomorrow, your freedom is ALWAYS a session away!

    Quote Originally Posted by TheQ View Post
    Michigan Open Carry is looking to work such a bill next session.
    You poor Ba$tards in MI. Good on you Q & MOC.

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  4. #4
    Regular Member MikeTheGreek's Avatar
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    Quote Originally Posted by TheQ View Post
    Michigan Open Carry is looking to work such a bill next session.
    Don't know much about politics or passing laws so this may be a dumb question but...

    when is "next session"
    Molon Labe

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  5. #5
    Regular Member FreeInAZ's Avatar
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    Quote Originally Posted by MikeTheGreek View Post
    Aha. You all probably thought I was going to ask if I could OC in my car, no, I know it's illegal.

    My question IS, are there any efforts being made right now to legalize OC in a car without a CPL? If so, I'd love to help.

    As someone who gets in an out of cars all day every day to make a living, it's kind of important to me.
    Mike to help you out a little: If you have a friend/family/Boss that has a CPL they can take possession of your weapon(s) and you can ride with them without having to do the whole uncase/load then unload/case routine.

    It's not much help but something is better than nothing.
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    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

  6. #6
    Regular Member MikeTheGreek's Avatar
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    Re: OC in Car?

    Quote Originally Posted by FreeInAZ View Post
    Mike to help you out a little: If you have a friend/family/Boss that has a CPL they can take possession of your weapon(s) and you can ride with them without having to do the whole uncase/load then unload/case routine.

    It's not much help but something is better than nothing.
    so if I'm in the car with anyone who has a cpl I can keep my gun loaded? now...would my gun be able to be in my holster, or would he have to put it in his center console?

    Sent from my Galaxy S2 using Tapatalk 2
    Molon Labe

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  7. #7
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by MikeTheGreek View Post
    so if I'm in the car with anyone who has a cpl I can keep my gun loaded? now...would my gun be able to be in my holster, or would he have to put it in his center console?

    Sent from my Galaxy S2 using Tapatalk 2
    If in your friend's vehicle or yours will make a difference where it is kept, I would think. Your friend would have to have constructive possession in either event. Leaving it in your holster leaves you in possession and in violation. His tucking it Mexican Carry or under his leg should suffice.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

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  8. #8
    Regular Member FreeInAZ's Avatar
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    Quote Originally Posted by MikeTheGreek View Post
    so if I'm in the car with anyone who has a cpl I can keep my gun loaded? now...would my gun be able to be in my holster, or would he have to put it in his center console?

    Sent from my Galaxy S2 using Tapatalk 2
    The CPL holder has to have "control" of the weapon. The farther from you the better. Best way for me was to have my pal unholster it for me while I was standing outside of the car (do this as carefully & inconspicuously as possible) then put it in his belt or door panel document holder thingy to his/her left leg. This way no reasonable cop could say it was even remotely in my possession.
    Last edited by FreeInAZ; 11-17-2012 at 02:25 PM.
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    "You must be the change you wish to see in the world" by Mahatma Gandhi

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  9. #9
    Regular Member FreeInAZ's Avatar
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    Thumbs up

    Quote Originally Posted by Grapeshot View Post
    If in your friend's vehicle or yours will make a difference where it is kept, I would think. Your friend would have to have constructive possession in either event. Leaving it in your holster leaves you in possession and in violation. His tucking it Mexican Carry or under his leg should suffice.
    THIS spot on grapeshot. +1
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    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

  10. #10
    Regular Member FreeInAZ's Avatar
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    Lightbulb

    Quote Originally Posted by MikeTheGreek View Post
    Don't know much about politics or passing laws so this may be a dumb question but...

    when is "next session"
    Here you go Bro.

    http://www.statescape.com/resources/.../Sessions.aspx

    Also here's a link so you can find the places that sell booze & avoid them until your CPL arrives.

    http://www2.dleg.state.mi.us/llist/

    Bookmarks are your friends
    Last edited by FreeInAZ; 11-17-2012 at 02:40 PM. Reason: MLC
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    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

  11. #11
    Regular Member MikeTheGreek's Avatar
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    Quote Originally Posted by FreeInAZ View Post
    Here you go Bro.

    http://www.statescape.com/resources/.../Sessions.aspx

    Also here's a link so you can find the places that sell booze & avoid them until your CPL arrives.

    http://www2.dleg.state.mi.us/llist/

    Bookmarks are your friends
    Oou less than two months! (If I read it correctly)

    I have a MOC folder in my bookmarks just for stuff I need to learn. Thank you!
    Molon Labe

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    Regular Member backenj's Avatar
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    Quote Originally Posted by MikeTheGreek View Post
    Oou less than two months! (If I read it correctly)
    Two months!? Wow. I've read stories on here about it taking a long time, but why? I turned in my application on a Monday and picked up my CPL twelve days later on a Friday.

  13. #13
    Regular Member TheQ's Avatar
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    OC in Car?

    Quote Originally Posted by MikeTheGreek View Post
    Don't know much about politics or passing laws so this may be a dumb question but...

    when is "next session"
    The next legislative session starts January 1, 2013 and concludes when the legislator adjourns Sine Die in December 2015.
    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.

  14. #14
    Regular Member MikeTheGreek's Avatar
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    Quote Originally Posted by backenj View Post
    Two months!? Wow. I've read stories on here about it taking a long time, but why? I turned in my application on a Monday and picked up my CPL twelve days later on a Friday.
    Haha what? No. The new session starts in 2 months, then they can try and change the law to allow you to OC in your car without a CPL.
    Molon Labe

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  15. #15
    Regular Member TheQ's Avatar
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    OC in Car?

    Quote Originally Posted by MikeTheGreek View Post
    Oou less than two months! (If I read it correctly)

    I have a MOC folder in my bookmarks just for stuff I need to learn. Thank you!
    Just because session starts in two months, doesn't mean the bill will be introduced right away. Just because a bill gets introduced doesn't mean it will pass. In fact, most bills that get introduced go no where.
    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.

  16. #16
    Regular Member MikeTheGreek's Avatar
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    Quote Originally Posted by TheQ View Post
    Just because session starts in two months, doesn't mean the bill will be introduced right away. Just because a bill gets introduced doesn't mean it will pass. In fact, most bills that get introduced go no where.
    No, I know that. I'm just glad it will at least try and get started around that time.
    Molon Labe

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  17. #17
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    Glad to hear that a legislative solution is underway.

    Should a judicial avenue be required, the best plaintiff, in my humble opinion, would be a resident of Vermont, Illinois and/or a U.S. Citizen residing in Canada, and who spends time on occasion in Michigan (i.e. a 2nd home). Add to that, a Plaintiff who has a clear need for self-defense while traveling (disabled, elderly, single mother, etc.). To further back the State really into a corner, the Plaintiff should also be dependent on public transportation i.e. bus, tram or subway (thus the Plaintiff would have no practical means to comply with the challenged law in the first place - due to lack of an inaccessible storage place such as a trunk).

    Without being able to establish legal residency in Michigan (not legally possible/practical to have dual residency), the sympathetic Citizen Plaintiff faces a total and complete ban on possession of a functional firearm within vehicles. A complete ban on possession of a functional firearm for self-defense purposes failed to satisfy any level of scrutiny noted the Heller Court.

    Securing a win there would all but assure that loaded, readily accessible, vehicle carry would then also be legally available to all law-abiding Michigan residents, regardless of CPL status.

    I applaud the legislative effort as it is probably more resource efficient at this time. The litigation avenue may not be as ripe as it could be since the Supreme Court hasn't yet ruled on the right to 'bear' outside the home yet. That could change as early as next year. Regardless, as it stands now, the ban on loaded, readily accessible, vehicle carry is surely in violation of the Michigan Right to Bear Arms constitutional provision as well as the Federal Constitution's 14th Amendment equal protection clause that is supposed to ensure that all Citizens, no matter what state they are in, are afforded the same rights that any other State citizen enjoys.
    Last edited by OC4me; 11-18-2012 at 04:09 PM.

  18. #18
    Regular Member FreeInAZ's Avatar
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    Question "Bah Humbug!"

    Quote Originally Posted by TheQ View Post
    Just because session starts in two months, doesn't mean the bill will be introduced right away. Just because a bill gets introduced doesn't mean it will pass. In fact, most bills that get introduced go no where.
    Wow Q,

    Way to Scrooge up the new guys spirit...Great leaders are those that inspire and motivate...Just saying.
    Maybe Mike has a thing or two to teach us?

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    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

  19. #19
    Regular Member MikeTheGreek's Avatar
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    Quote Originally Posted by OC4me View Post
    Glad to hear that a legislative solution is underway.

    Should a judicial avenue be required, the best plaintiff, in my humble opinion, would be a resident of Vermont, Illinois and/or a U.S. Citizen residing in Canada, and who spends time on occasion in Michigan (i.e. a 2nd home). Add to that, a Plaintiff who has a clear need for self-defense while traveling (disabled, elderly, single mother, etc.) and a strong case may be made.

    Without being able to establish legal residency (not possible/practical to have dual residency) in Michigan, then they face a total and complete ban on possession of a functional firearm within their vehicle.

    A complete ban on possession of a functional firearm for self-defense purposes failed to satisfy any level of scrutiny as noted the Heller Court.

    Securing a win there would all but assure that loaded, readily accessible, vehicle carry would then also be legally available to all law-abiding Michigan residents, regardless of CPL status.

    I applaud the legislative effort as it is probably more resource efficient at this time. The litigation avenue may not be as ripe as it could be since the Supreme Court hasn't yet ruled on the right to 'bear' outside the home yet. That could change as early as next year. Regardless, as it stands now, the ban on loaded, readily accessible, vehicle carry is surely in violation of the Michigan Right to Bear Arms constitutional provision as well as the Federal Constitution's 14th Amendment equal protection clause that is supposed to ensure that all Citizens, no matter what state they are in, are afforded the same rights that any other State citizen enjoys.

    Haha...I was a US Citizen living in Canada. Moved back to Michigan, and they messed up my paperwork, Couldn't establish residency. I couldn't buy/carry a gun for two years until I got it sorted (Bought my first gun 2 weeks ago)
    Molon Labe

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  20. #20
    Regular Member MikeTheGreek's Avatar
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    Quote Originally Posted by FreeInAZ View Post
    Wow Q,

    Way to Scrooge up the new guys spirit...Great leaders are those that inspire and motivate...Just saying.
    Maybe Mike has a thing or two to teach us?

    I never worry or stress about anything, or let something get my hope/spirit down I have faith (Apparently unlike Mr. Q ) About this bill being passed. By that time, I will have my CPL, but I'll still support and fight for it, for all future OC'ers who should have the legal right to carry and defend themselves while in their own vehicles.

    Sometimes the younger generation will surprise you
    Molon Labe

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  21. #21
    Regular Member TheQ's Avatar
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    Quote Originally Posted by FreeInAZ View Post
    Wow Q,

    Way to Scrooge up the new guys spirit...Great leaders are those that inspire and motivate...Just saying.
    Maybe Mike has a thing or two to teach us?

    Just making sure he understands it's a long road and there is no guarantee. I'd hate to have him thinking it was a sure thing and having me to blame for his disappointment.
    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.

  22. #22
    Regular Member FreeInAZ's Avatar
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    Thumbs up

    Well said mike! +1
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    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

  23. #23
    Regular Member TheQ's Avatar
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    Quote Originally Posted by MikeTheGreek View Post
    Sometimes the younger generation will surprise you


    Wow, guess I'm old now at 31

    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.

  24. #24
    Regular Member MikeTheGreek's Avatar
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    Quote Originally Posted by TheQ View Post
    Wow, guess I'm old now at 31

    Haha. I thought you guys were older than that sorry I all pictured you as older dudes with handlebar mustaches and leather vests (Don't ask...because I don't know why).

    I just hope it does get passed. If you need any help, let me know.
    Molon Labe

    [+=] Eleftheria i thanatos [+=]

  25. #25
    Regular Member FreeInAZ's Avatar
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    Quote Originally Posted by TheQ View Post
    Just making sure he understands it's a long road and there is no guarantee. I'd hate to have him thinking it was a sure thing and having me to blame for his disappointment.
    We all are to blame for letting this crap stand! No one should be faulted for trying, ever! On that note: Thanks Q for all your efforts. They are appreciated.
    ---------------------------------------------------------------------------------------------------------------------------------------------------
    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

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