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Thread: Non-residents and handguns in Michigan

  1. #1
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    I found this in the MSP legal update august 2006. I thought non-residents could bringhandguns into Michigan for lawful purposes, hunting, shooting competitions. What about peaceful journey? I know they need a CPL if carrying concealed. Isn't there a federal law that address interstate transport of firearms? How do out of state shooters participate in Michigan handgun competitions? I would guess that some competitive handgun shooters don't have CPLs.


    DID YOU KNOW?


    The following material does not represent new law. Instead, it addresses issues raised by work sites throughout the state.


    Generally, persons from other states may not possess a pistol in Michigan unless they are a police officer or a concealed pistol license holder.


    MCL 28.422 requires a person to obtain a License to Purchase before they purchase, transport, or carry a pistol in Michigan. MCL 28.422(3)(c) requires that a person be a "legal resident of this state" in order to obtain a license (which begins the registration process). The only exception in that statute is for active-duty military members, who have 30 days after returning to Michigan to register a pistol.


    Other exceptions to the registration requirement can be found in MCL 28.432. That statute includes an exception for concealed pistol license holders from other states. Active and retired police officers are exempted from the registration requirements by federal law (The Law Enforcement Officers Safety Act, 19 USC 926B, et seq). That Act allows active and retired police officers to transport a pistol anywhere in the United States notwithstanding state firearms laws, provided they meet the requirements of the Act.


    The bottom line under these statutes is that persons from other states may not bring a pistol into Michigan unless they are a police officer or hold a CPL from their state of residence. There are no exceptions for persons who wish to bring a pistol to Michigan to hunt or target shoot.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  2. #2
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    I posted on this a few weeks ago. It appears if you are not a resident of Michigan, you must hold a permit from your home state.

    I actually sent a couple emails out to various MI gun organizations, and a state rep there. The gun organizations want to concentrate on getting rid of the purchase permits and gun registration first. The state rep said he was planning to address this issue in 2009.

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    The strange thing about Michigan law is that for me being a Illinois resident with a Utah CPL. My CPL is not honored for conceal carry because the Michigan conceal carry law does not recognise non-resident permits.

    However the law that requires a CPL from any stateto posses or open carry for a non-resident of Michigan does not have the non-resident exception.

    So, the only way for me to carry in Michigan is open carry.

  4. #4
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    vmaxanarchist wrote:
    The strange thing about Michigan law is that for me being a Illinois resident with a Utah CPL. My CPL is not honored for conceal carry because the Michigan conceal carry law does not recognise non-resident permits.

    However the law that requires a CPL from any stateto posses or open carry for a non-resident of Michigan does not have the non-resident exception.

    So, the only way for me to carry in Michigan is open carry.
    Not according to the above citation. If you are an Illinois resident you CAN NOT bring a handgun into the state.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  5. #5
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    vmaxanarchist wrote:
    The strange thing about Michigan law is that for me being a Illinois resident with a Utah CPL. My CPL is not honored for conceal carry because the Michigan conceal carry law does not recognise non-resident permits.

    However the law that requires a CPL from any stateto posses or open carry for a non-resident of Michigan does not have the non-resident exception.

    So, the only way for me to carry in Michigan is open carry.
    As you said, non-resident permits are not recognised and the only way you can carry in MI is if you have a permit from YOUR home state or be a MI resident.

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  7. #7
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    Read the law.

    From:

    28.432 Inapplicability of MCL 28.422 and 28.429; citation as “Janet Kukuk act”.

    (1) Sections 2 and 9 do not apply to any of the following:

    (f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.

    Notice there is no mention that the CPL must be issued by your state of residence. Just that you are a U.S. citizen and that you have a license by any other state than Michigan.

  8. #8
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    vmaxanarchist wrote:
    Read the law.

    From:

    28.432 Inapplicability of MCL 28.422 and 28.429; citation as “Janet Kukuk act”.

    (1) Sections 2 and 9 do not apply to any of the following:

    (f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.

    Notice there is no mention that the CPL must be issued by your state of residence. Just that you are a U.S. citizen and that you have a license by any other state than Michigan.
    The entire ACT:




    STATE OF MICHIGAN

    93RD LEGISLATURE

    REGULAR SESSION OF 2006

    Introduced by Reps. Jones, LaJoy, Baxter, Stewart, Elsenheimer, Rocca, Robertson, Sheltrown, Steil, Garfield, Acciavatti, Pearce, Wenke, Palsrok, Hummel, Hansen, Gosselin, Booher, Polidori, Stahl, Cushingberry, Anderson, Hune, Nofs, Farhat, Vander Veen, Ball and Moolenaar

    ENROLLED HOUSE BILL No. 4642

    AN ACT to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 12 (MCL 28.432), as amended by 2004 PA 99.

    The People of the State of Michigan enact:

    Sec. 12. (1) Sections 2 and 9 do not apply to any of the following:

    (a) A police or correctional agency of the United States or of this state or any subdivision of this state.

    (b) The United States army, air force, navy, or marine corps.

    (c) An organization authorized by law to purchase or receive weapons from the United States or from this state.

    (d) The national guard, armed forces reserves, or other duly authorized military organization.

    (e) A member of an entity or organization described in subdivisions (a) to (d) for a pistol while engaged in the course

    of his or her duties with that entity or while going to or returning from those duties.

    (f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another

    state.

    (g) The regular and ordinary transportation of a pistol as merchandise by an authorized agent of a person licensed

    to manufacture firearms or a licensed dealer.

    (h) Purchasing, owning, carrying, possessing, using, or transporting an antique firearm. As used in this subdivision,

    “antique firearm” means that term as defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

    (i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other

    individual’s pistol is properly licensed and inspected under this act and the individual carrying, possessing, using, or

    transporting the pistol has obtained a license under section 5b to carry a concealed pistol.

    (2) The amendatory act that added subdivision (h) shall be known and may be cited as the “Janet Kukuk act”.

    (50)
    Act No. 75 Public Acts of 2006 Approved by the Governor March 16, 2006 Filed with the Secretary of State March 23, 2006 EFFECTIVE DATE: July 1, 2006

    Enacting section 1. This amendatory act takes effect July 1, 2006.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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