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Carrying firearms at relatives residence.

Venator

Venator

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22Luke36 said:
He was talking about CC.

Even his wife can't OC his guns?
Click to expand...
I know he was, but she can't CC anywhere but her own property and only with a handgun that is registered to her.

My post pointed out that in Michigan if you do not have a CPL you can't possess a handgun that is not registered to you. UNLESS at a range with the owner present. There is a bill that would allow kids and people to shoot a handgun that is not registered to them, without the owner there, but someone over 21 years of age has to be there.

Michigan is one of about 8 states that require handgun registration.
 
SpringerXDacp

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Venator said:
I know he was, but she can't CC anywhere but her own property and only with a handgun that is registered to her.

My post pointed out that in Michigan if you do not have a CPL you can't possess a handgun that is not registered to you. UNLESS at a range with the owner present. There is a bill that would allow kids and people to shoot a handgun that is not registered to them, without the owner there, but someone over 21 years of age has to be there.

Michigan is one of about 8 states that require handgun registration.
Click to expand...

HB 5085, as proposed, requires the owner of the pistol must be physically present.

http://www.legislature.mi.gov/documents/2013-2014/billintroduced/House/pdf/2013-HIB-5085.pdf

Scroll down to Subsection (11), Subdivision (e):

13 (e) The owner of the pistol is physically present.
Click to expand...

I suppose the individual who is supervising and has a CPL may lawfully possess a pistol belonging to someone else for such an event.
 
22Luke36

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So it would be ok if the owner was physically present but mentally absent? That could come in handy when hubby gets to drinkin'.
 
WalkingWolf

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22Luke36 said:
She still doesn't own the gun.
Click to expand...

How old is she? If in your state she cannot buy a centerfire handgun she can probably buy a BP antique firearm. There are ways around these details.

For the first years that I OC'd/under 21, I OC'd a Colt 1849 pocket pistol. Probably not the best OC handgun, but many times I OC Colt Navies, and sometimes a 58 Remy, both very capable threat stoppers.

If you go that route, check your state laws to see if firearms, and antique firearms are separate classifications. I would suggest a 5.5 Remy as the the best for most people. Though a 1860 Colt is not a bad choice.
 
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22Luke36

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OneForAll said:
My wife does not have a CPL, but does carry concealed around our house. She only carries when at home. Is she "legally" allowed to conceal while she is inside my grandparents house with out a CPL?
Click to expand...

SpringerXDacp said:
Where in this thread did the OP mention his wife did not have a pistol registered to her?
Click to expand...

It was an inference made by reading the OP.
 
22Luke36

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WalkingWolf said:
How old is she? If in your state she cannot buy a centerfire handgun she can probably buy a BP antique firearm. There are ways around these details.

For the first years that I OC'd/under 21, I OC'd a Colt 1849 pocket pistol. Probably not the best OC handgun, but many times I OC Colt Navies, and sometimes a 58 Remy, both very capable threat stoppers.

If you go that route, check your state laws to see if firearms, and antique firearms are separate classifications. I would suggest a 5.5 Remy as the the best for most people. Though a 1860 Colt is not a bad choice.
Click to expand...

I have no idea of her age. MCL 750.231 mentions antiques, I'm not sure if my cite is the correct one though.
 
SpringerXDacp

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WalkingWolf said:
How old is she? If in your state she cannot buy a centerfire handgun she can probably buy a BP antique firearm. There are ways around these details.

For the first years that I OC'd/under 21, I OC'd a Colt 1849 pocket pistol. Probably not the best OC handgun, but many times I OC Colt Navies, and sometimes a 58 Remy, both very capable threat stoppers.

If you go that route, check your state laws to see if firearms, and antique firearms are separate classifications. I would suggest a 5.5 Remy as the the best for most people. Though a 1860 Colt is not a bad choice.
Click to expand...

In Michigan, if you're 18 years of age or older, you may purchase, possess, transport, etc, a handgun per MCL 28.422, Subsection (3), Subdivision (b):

http://www.legislature.mi.gov/(S(nh...leg.aspx?page=GetObject&objectname=mcl-28-422

(b) The person is 18 years of age or older or, if the seller is licensed under 18 USC 923, is 21 years of age or older.
Click to expand...
 
22Luke36

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WalkingWolf

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ANTIQUES AND REPLICAS
Handguns kept solely for the purpose of display, as relics, curios, or antiques not made for modern ammunition or permanently deactivated are exempt from the registration and sale provisions.
An antique firearm is defined as:

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 thereof, whether actually manufactured before or after the year 1898.
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.

http://www.nraila.org/gun-laws/state-laws/michigan.aspx

Antique firearms are exempt from registration, so anyone could OC or CC a BP in their residence, or anyplace they occupy as such.

Rent agreement and cap and ball and she is good to go.
 
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SpringerXDacp

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22Luke36 said:
The CPL isn't the only gun license in Michigan. MCL 28.422 is the non CPL holders license, and registration is still required for possession. Therefore citing Subsection 2 is only applicable if she had a CPL or had a gun registered to her.

Am I right or no?


http://www.legislature.mi.gov/(S(ps...leg.aspx?page=getObject&objectName=mcl-28-422
Click to expand...

According to the OP, the wife would like to CC at a residence which is not hers. You can not legally CC anywhere without a CPL unless it's your own property, home, business per 750.227 (2), not even with permission from the property owner. Even if the wife is at her home, on her property, the pistol needs to be registered to her to legally CC and OC (28.422).

28.422 = License To Purchase (LTP) a handgun
28.422a = CPL which waives LTP a handgun
 
22Luke36

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SpringerXDacp said:
According to the OP, the wife would like to CC at a residence which is not hers. You can not legally CC anywhere without a CPL unless it's your own property, home, business per 750.227 (2), not even with permission from the property owner. Even if the wife is at her home, on her property, the pistol needs to be registered to her to legally CC and OC (28.422).

28.422 = License To Purchase (LTP) a handgun
28.422a = CPL which waives LTP a handgun
Click to expand...

Thanks. I think this is what the OP wanted to know all along.
 
OneForAll

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SpringerXDacp said:
According to the OP, the wife would like to CC at a residence which is not hers. You can not legally CC anywhere without a CPL unless it's your own property, home, business per 750.227 (2), not even with permission from the property owner.
Click to expand...

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.
Sec. 234d.

(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:

(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.

(b) A church or other house of religious worship.

(c) A court.

(d) A theatre.

(e) A sports arena.

(f) A day care center.

(g) A hospital.

(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.

(2) This section does not apply to any of the following:

(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.

(b) A peace officer.

(c) A person licensed by this state or another state to carry a concealed weapon.

(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.

(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

Wouldn't this exception D allow for this?

The law needs to add others residents also if you cannot conceal there. Otherwise I would argue that there is no such law that prevents you from carrying concealed at a relatives house.
 
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