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Thread: Non-residents can't use a handgun in Michigan

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    Anti-Saldana Freedom Fighter Venator's Avatar
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    Received this today from the MSP on this topic. If the safety inspection requirement is dropped (proposed legislation) then this issue would have to be revisited.

    Mr. Jeffs,



    Michigan law requires that a person obtain a License to Purchase a pistol (MCL 28.422) before possessing a pistol in this state. Once a person buys a pistol with a License to Purchase, it must be safety inspected (MCL 28.429). Only residents of Michigan are eligible for licenses and safety inspections. Because a non-resident cannot satisfy those requirements they cannot lawfully possess a pistol here (for any purpose).



    Exceptions to those requirements are found in MCL 28.432. One of those exceptions is for persons licensed by their state of residence to carry a concealed pistol.



    Sincerely,

    Sgt. Thomas Deasy: Michigan State Police Executive Resource Section 714 S. Harrison Rd. East Lansing, MI 48823

    (517) 336-6441
    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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    Regular Member Michigander's Avatar
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    Just to point out, the firearm owners protection act (I think that's the specific law) allows interstate transport of non NFA weapons for the purpose of just passing through. Granted they shouldn't be discharged or carried, and should either be in your trunk or perhaps inside wherever you are staying for the night, but the federal law does say that a non resident who is just passing through can have a pistol regardless of any special license.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    The exceptions is the important part; a person licensed by his or her own state. Next time I come to Michigan for a visit, I'll be open carrying with my AZ CCW (and a printout of that MSP newsletter).

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    Regular Member mmdkyoung123's Avatar
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    Thanks for the info Venator. so when I get my cpl from missouri at the end of this month, when I come to Michigan next, is it legal to open carry then or can I only carry it concealed?? I know I can carry it concealed with the missouri permit as Michigan recognizes it, but I don't fully understand the open carry laws yet as I am still learning them, even in my own state. I certainly don't want to do something that gets me into trouble and jepordizes my right to carry, however, I like carrying openly and being able to inform the people that see it and ask about it, that it is legal to carry a gun.

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    mmdkyoung123 wrote:
    Thanks for the info Venator. so when I get my cpl from missouri at the end of this month, when I come to Michigan next, is it legal to open carry then or can I only carry it concealed?? I know I can carry it concealed with the missouri permit as Michigan recognizes it, but I don't fully understand the open carry laws yet as I am still learning them, even in my own state. I certainly don't want to do something that gets me into trouble and jepordizes my right to carry, however, I like carrying openly and being able to inform the people that see it and ask about it, that it is legal to carry a gun.
    I assume you have read many of the posts on this site. If you have a CPL from your stateyou can carry openly or concealed in Michigan. It's not common here, so you may get some attention from LEO's. BUT IT IS LEGAL. Below is info we are trying to get on a wallet card, and below that is some info we give to those that want to learn more about open carry. We say that the police could arrest you for anything. But are experience so far is that the LEO's will consent that it's legal but will lecture you on the errors of doing it. Just stay calm and ask if you are free to go.




    OPEN CARRY IN MICHIGAN




    If approached by a police officer in regards to the lawful open carrying of a firearm.

    1.Be polite and ask the law enforcement officer (LEO) why he is detaining you. If the LEO response is for open carry, inform the LEO it is legal to open carry in Michiganand ask if you are free to go.

    2.If the LEO states that you are not free to go, ask again if the only reason you are being detained is because of lawful open carry and repeat “officer am I free to go”.



    3.If the LEO continues to detain you and asks for an ID or a license to carry a concealed pistol (CPL), tell the LEO you are not required to have an ID or a CPL to open carry. By law if the stop is only for the legal open carry of a firearm, you do not have to give your name. It is your option to provide an ID/CPL if you desire. Providing an ID or CPL may expedite the stop and we recommend that you do so.

    4.If the officer wants to disarm you let him remove your firearm. Do not place your hands anywhere near the firearm. We recommend you cooperate with all lawful requests. Continue to repeat that open carry is legal and ask “officer am I free to go”.

    5.Do not argue with the LEO, do not say anything that will be used against you. Do not editorialize on the law.

    6.If the situation escalates ask for the LEO’s supervisor. Remember the officer can arrest you for anything, don’t resist the arrest. After an illegal arrest you may have legal options you can employ.

    7.Never consent to a search of your person or vehicle. State “I DO NOT consent to any search. The LEO may search you anyway don’t fight the search. Save any arguments for a court of law. Keep asking if you are free to go, and “Why am I being detained.”

    8.If you are arrested, ask for an attorney and remain silent until you have counsel.

    References

    1-MSP Legal Update Newsletter[/b]: April 2007 Did You Know: “It is not illegal under Michigan law to openly carry a pistol…"

    2-1990 MCL 123.1102[/b] (PREEMPTION LAW) A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to,… ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms,... This law was upheld by the MI Supreme Court.

    THE MICHIGAN SUPREME COURT CONCLUDED[/b]: April 29, 2003 No. 242237 in part states “…we conclude that § 1102 is a statute that specifically imposes a prohibition on local units of government from enacting and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any ordinance or regulation of a local unit of government concerning these areas.”

    3-[/b]BRANDISHING Opinion No. 7101 February 6, 2002: “…It is my opinion, therefore, that…by carrying a handgun in a holster that is in plain view, does not violate section 234e of the Michigan Penal Code, which prohibits brandishing a firearm in public.”



    4-Michigan State Police Executive Resource Section: e-mail response [/b]“…Non-CPL pistol free zones do not apply to CPL holders. The CPL pistol free zones only apply to CPL holders carrying a concealed pistol. Therefore, a CPL holder may openly carry a pistol in Michigan's pistol free zones.” Sincerely, Sgt. Thomas Deasy, Michigan State Police, (517) 336-6441, Also stated in an Attorney General opinion 7073 date:1/02

    YOU CAN OPENLY CARRY A HANDGUN IN [/b]MICHIGAN[/b]*
    [/b]
    1) Any law abiding citizen of the State of [/b]Michigan[/b] who owns a safety inspected handgun may openly carry (in a holster) said firearm in all places not explicitly exempt by law with or without a CPL. Private property rules over-ride state law in regards to firearm possession.[/b]

    MSP Legal Update Newsletter[/b]: April 2007: Did You Know: …It is not illegal under Michigan law to openly carry a pistol…...

    PLACES off limits to firearms without a CPL: Sec. 234d[/b] (1) Except as otherwise provided in subsection (2), a person shall not possess a firearm on the premises of any of the following: a) A Bank[/b]. b) A church[/b]. c) A court[/b]. d) A theatre[/b]. e) A sports arena.[/b] f) A day care center[/b]. g) A hospital[/b]. h) An establishment licensed under the [/b]Michigan[/b] liquor control act (BAR[/b]). (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.[/b]

    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.[/b]

    2) If you don’t have a CPL, you must transport your handgun as prescribe by law.[/b]

    Michigan[/b] [/b]State Police Web Site[/b]. Transporting a pistol in a motor vehicle?

    Answer A person is now permitted to transport a pistol for a lawful purpose[/b] if the owner or occupant of the vehicle is the registered owner of the firearm and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, the pistol may be in the passenger compartment of the vehicle unloaded and inaccessible to the occupants of the vehicle. The law defines ‘lawful purpose’[/b] as: 1)[/b] While en route to or from a hunting or target shooting area. 2)[/b] While transporting a pistol to or from home or place of business and a place of repair. 3)[/b] While moving goods from one place of residence or business to another place of residence or business. 4)[/b] While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol. 5)[/b] While en route to or from home or place of business to a gun show or place of purchase or sale. 6)[/b] While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted. 7) While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance.[/b]

    3) No local ordinance concerning firearm possession is enforceable due to [/b]Michigan[/b]’s preemption law.[/b]

    In 1990, the Michigan legislature enacted MCL 123.1102 which provides, in pertinent part: A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

    THE [/b]MICHIGAN[/b] SUPREME COURT CONCLUDED[/b]: April 29, 2003 9:10 am. v No. 242237 In sum, we conclude that § 1102 is a statute that specifically imposes a prohibition on local units of government from enacting and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any ordinance or regulation of a local unit of government concerning these areas.

    Further, we conclude that the specific language of the 2000 amendments to MCL 28.421 et seq., particularly §§ 5c and 5o, which were adopted more than a decade after the enactment of § 1102, do not repeal § 1102 or otherwise reopen this area to local regulation of the carrying of firearms.17 Accordingly, we hold that the Ferndale ordinance is preempted by state law and, consequently, we reverse.

    MCRGO v. [/b]Ferndale[/b]: The Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession.

    4) Brandishing and disturbing the peace are not an offense while lawfully openly carrying a firearm.[/b]

    ADVISORY NOTE[/b]: Though this section on disturbing the peace does not deal with firearms, due to the nature of this code, this law has been cited by officers to suppress or discourage lawful open carry. Since a person who is not licensed to carry concealed MUST open carry their firearms on foot in order to avoid criminal charge, nor is there any duty for anyone licensed to conceal their handgun, open carry is not disorderly conduct. The open carrying of firearms is not by itself threatening, nor does it cause a hazardous or physically offensive condition.

    BRANDISHING[/b] Opinion No. 7101 February 6, 2002: [/b]…In the absence of any reported Michigan appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions…..the term brandishing is defined as: "1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. A menacing or defiant wave or flourish."[/b] This definition comports with the meaning ascribed to this term by courts of other jurisdictions…the court recognized that in federal sentencing guidelines, "brandishing" a weapon is defined to mean "that the weapon was pointed or waved about, or displayed in a threatening manner." Applying these definitions to your question, it is clear that a reserve police officer, regardless whether he or she qualifies as a "peace officer," when carrying a handgun in a holster in plain view, is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm in violation of section 234e of the Michigan Penal Code. It is my opinion, therefore, that…by carrying a handgun in a holster that is in plain view, does not violate section 234e of the [/b]Michigan[/b] Penal Code, which prohibits brandishing a firearm in public.[/b]

    5) A person openly carrying a firearm on foot in a legal manner when approached by a police officer and questioned where the only reason for the questioning is because of the openly carried firearm need not give that officer their name and address. No license or ID is required to openly carry a firearm. It is your option to provide ID/CPL.[/b]
    [/b]
    ADVISORY NOTE[/b]: Each situation is different. We recommend you cooperate with all lawful questions and requests. Ask the officer if the reason you are being detained is for the legal open carry of a firearm. After giving your name and address, ask if you are free to go, ask if you are being detained. If they continue to ask questions about ID and why you are carrying a gun, repeat the question, am I free to go? Am I being detained? If the situation escalates ask for a supervisor. Remember the officer can arrest you for anything, don’t resist the arrest. After an illegal arrest you may have legal options you can employ.




    6) An AG opinion, the MSP and Senator Prusi stated that a person with a CPL can carry a firearm openly in the exempted areas listed in MCL 750.234d. For example, with permission from the owner you can openly carry a handgun in a bar, sports arena, etc.[/b]

    Opinion No. 7097 January 11, 2002… A person licensed by this state… to carry a concealed weapon….By its express terms, section 234d prohibits certain persons from carrying a firearm in the enumerated places but explicitly exempts from its prohibition “[a] person licensed by this state or another state to carry a concealed weapon.” Thus, any person licensed to carry a concealed pistol, including a private investigator, is exempt from the gun-free zone restrictions imposed by section 234d of the Penal Code and may therefore possess firearms while on the types of premises listed in that statute.

    “Your analysis is correct. Non-CPL pistol free zones do not apply to CPL holders. The CPL pistol free zones only apply to CPL holders carrying a concealed pistol. Therefore, a CPL holder may openly carry a pistol in Michigan's pistol free zones.”

    Sincerely, Sgt. Thomas Deasy, [/b]Michigan[/b] [/b]State[/b] Police Executive Resource Section, (517) 336-6441[/b]

    “…My office has contacted the Michigan State Police legislative liaison and has received some answers to share with you. According to the liaison, it is legal to openly carry a firearm in a "Pistol Free Zone" if you are a licensed CPL holder. I was advised that your information was correct that MCL 28.425o and MCL 750-234d permit this activity. I was informed that there was no other additional relevant laws regarding this matter…” Michael A Prusi, State Senator 38th District"[/b]

    ADVISORY NOTE[/b]: Before carrying a handgun we recommend that you become familiar with all state and federal laws in regards to firearm laws and the use of deadly force. Taking a self defense/firearm course is recommended. Michigan has a self defense act PA No. 309 July 18, 2006 that states you do not have to retreat from a threat, but the use of deadly force is still required.[/b]

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research on the subject of open carry in [/b]Michigan[/b]. You are responsible in determining the accuracy of any information listed above. If you have further questions it is advisable to seek out an attorney that is well versed in firearm law.[/b]

    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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    This is ridiculous!

    I do not have a CHP in my home state (VA) yet, but in June I was going to visit my parents in MI and now I have to leave my guns at home? I know the inerstate protection thing allows passing through if it is legal in your destination, since my destination is in Michigan, this does not apply? Also because of Michigans geography there's not too many places you could be going where it would be convienent to "pass through" Michigan.

    I just wanted to go to the range with my dad when I visit but because my brand new pistols haven't been "inspected", I can't? This just really ruined my day.

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    Oh, another question for anyone who knows. You need a license to purchase to possess a gun? What if you move into the state already owning one? Do you need to get a license to purchase to continue possessing the gun you already own?

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    Regular Member Michigander's Avatar
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    mzbk2l wrote:
    The exceptions is the important part; a person licensed by his or her own state. Next time I come to Michigan for a visit, I'll be open carrying with my AZ CCW (and a printout of that MSP newsletter).
    I've just relocated to AZ, and I've been OCing daily. The cops only response is to say hi and wave. I love this place.:celebrate:celebrate:celebrate
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Welcome to AZ! You in the Phoenix area, or elsewhere? I live in Mesa.

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    Here is a twist to this issue. My parents live in Canada. When they visit, can my Dad go to the range with me and shoot my guns? I have a Mi CPL. He's not a resident of Mi and he wouldn't be possessing the gun, but he would be in temporary possession while shooting. I would be present also.

    Thanks,



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    Although I am unsure because he is a foriegner (I love all u foriegn Canadians though) but as long as you are present, anyone may handle or use your firearms under your supervision. I could not find any statutes that apply except for a minor needing to be inteh presence of an adult to handle or use a firearm in michigan.

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    northofnowhere wrote:
    Although I am unsure because he is a foriegner (I love all u foriegn Canadians though) but as long as you are present, anyone may handle or use your firearms under your supervision. I could not find any statutes that apply except for a minor needing to be inteh presence of an adult to handle or use a firearm in michigan.
    I concur, a person can handle a gun at a shooting range if in the presence of the person that legally owns the handgun. Of course this only applies to handguns, I believe anyone can borrow a long gun in Michigan.
    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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    asforme wrote:
    Oh, another question for anyone who knows. You need a license to purchase to possess a gun? What if you move into the state already owning one? Do you need to get a license to purchase to continue possessing the gun you already own?
    If you own the gun and bring it to Michigan with you and you become a resident, you only need to get the safety inspection. There is some recent legislation in the works to eliminate the required safety inspection, but it's not through yet.
    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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