transporting to the open carry in lansing

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Ok, I'm going to the open carry in Lansing. I have no CCW. What are the rules about it being in the car. Do I have to leave it in its case like always and then take it out, load it, then put it on my side while doing this in public while people are walking on the side walk?

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pbnationrc wrote:

Ok, I'm going to the open carry in Lansing. I have no CCW. What are the rules about it being in the car. Do I have to leave it in its case like always and then take it out, load it, then put it on my side while doing this in public while people are walking on the side walk?

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I PMed you with some advice.

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Hey Venator,

Could you give me the same advice?? I am up visiting family in Michigan (Clio, near flint) and I don't have a CPL yet. I still have my michigan driver license as i haven't changed ot to missouri yet. I have been OCing in missouri for about 3 months now, and I am just checking how I would go about it while up here. I know I cant carry it on me while in the car, and would most likely have to be locked in the trunk. Also, I bought the gun in misouri so I don't know if that creates any kind of "special circumstances" Thanks

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If you are technically a resident of another state, and you don't have a CPL, I believe you aren't supposed to use a pistol in Michigan. This of course doesn't change the interstate federal regulations which allow you to keep it in your trunk, unloaded and in a case, but I wouldn't OC without a CPL.

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Michigander wrote:

If you are technically a resident of another state, and you don't have a CPL, I believe you aren't supposed to use a pistol in Michigan. This of course doesn't change the interstate federal regulations which allow you to keep it in your trunk, unloaded and in a case, but I wouldn't OC without a CPL.

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And I believe you have to be passing through the state, not stopping to stay. So I THINK it's illegal to even bring a handgun into Michigan without a CPL. I'm not sure buteven if you were coming into Michigan to hunt with a handgun you couldn't bring it without a CPL from you state.

I have this question into the MSP, will let all know the response.

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Venator wrote:

Michigander wrote:

If you are technically a resident of another state, and you don't have a CPL, I believe you aren't supposed to use a pistol in Michigan. This of course doesn't change the interstate federal regulations which allow you to keep it in your trunk, unloaded and in a case, but I wouldn't OC without a CPL.

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And I believe you have to be passing through the state, not stopping to stay. So I THINK it's illegal to even bring a handgun into Michigan without a CPL. I'm not sure buteven if you were coming into Michigan to hunt with a handgun you couldn't bring it without a CPL from you state.

I have this question into the MSP, will let all know the response.

Click to expand...

FWIW:

Per MCRGO


[align=left]It's well known that Michigan law requires an individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) to immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle. Does this requirement exist outside of Michigan? While on the surface it makes sense to disclose if you're carrying in a state that reciprocates with Michigan law, how about states that do not reciprocate, where you may be merely passing through? In such states, you should properly be transporting and not carrying, but are you still obligated to inform LEOs of the weapon's presence if stopped? I could see where you might be giving up your fifth amendment rights in some circumstances?

A:
Good question-Michigan law requires that you disclose the fact that you have a concealed pistol to a law enforcement officer of this or any other state. If you have an unloaded pistol in a case in the trunk, you need not disclose it. See MCL 28.421 for the definition of the peace officers you must disclose to.

Federal law (18 USC 926A) allows a person to transport an unloaded pistol in the trunk of a car (separate from the ammunition) from any place where the possession of the pistol is legal to any other place where the possession is legal.

If you are in a state that does not grant reciprocity to Michigan CPL's and you have a pistol in the passenger compartment, you could either confess to a local felony or have a possible Michigan civil infraction. In such a situation I counsel silence. [/align]



http://www.law.cornell.edu/uscode/18/usc_sec_18_00000926---A000-.html

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

This would explain how those from other states who do not have a license to carry, transport their firearm(s) to Michigan to compete in IDPA, IPSC, etc.

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http://www.law.cornell.edu/uscode/18/usc_sec_18_00000926---A000-.html

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

This would explain how those from other states who do not have a license to carry, transport their firearm(s) to Michigan to compete in IDPA, IPSC, etc.

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How so? It is still illegal for a non-resident to possess in Michigan without a CPL. Therefor, they are not traveling to "any other place where he may lawfully possess and carry such firearm".

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asforme wrote:

http://www.law.cornell.edu/uscode/18/usc_sec_18_00000926---A000-.html

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

This would explain how those from other states who do not have a license to carry, transport their firearm(s) to Michigan to compete in IDPA, IPSC, etc.

Click to expand...

How so? It is still illegal for a non-resident to possess in Michigan without a CPL. Therefor, they are not traveling to "any other place where he may lawfully possess and carry such firearm".

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Agreed. Recently, actually a few weeks ago, I had been informed the section I posted was incorrect.

It is, in fact, a violation of Michigan law for those who are non-residents without a license/permit from their residing state to possess a handgun in Michigan.


Sorry forthe error.

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Venator wrote:

pbnationrc wrote:

Ok, I'm going to the open carry in Lansing. I have no CCW. What are the rules about it being in the car. Do I have to leave it in its case like always and then take it out, load it, then put it on my side while doing this in public while people are walking on the side walk?

Click to expand...

I PMed you with some advice.

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Venator,

i am in the SAME boat as pbnationrc and would really apprciate any/all/same advice pm'ed to me as well.

thanks