Boating

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This is my first time on this site and i am thinking about OC because i am 18 and cannot get a cpl yet. My question is, can i open carry while on a boat? Or do i have to lock it up like in a car?

Also, can a OC while i am fishing, from a canoe, without a motor, on DNR land in the summer. I am sure i already can in my canoe, mainly its about the DNR land, because there is the no shooting thing during the summer because there is no hunting

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We need to know the state you are going to be boating in to answer the question.

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Oh yea, sorry, it will be in Michigan

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shoot-n-goose wrote:

Oh yea, sorry, it will be in Michigan

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I think a CPL may be required. I think that a boat falls under the vehicle part of concealed carry. If you get into a car with it in its holster, on your hip, its considered concealed, so I would air on the side of caution. Just a warning, most MI officers do not know the law surrounding the Open Carry, or concealed for that matter, of a pistol. So I would call the Michigan State Police, and present the question to them.

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shoot-n-goose wrote:

Oh yea, sorry, it will be in Michigan

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This is what some others have posted in this regard. It's a compilation of posts so it may be a bit confusing. The short answer is it's not real clear about OC on a boat without a CPL. You can ask the DNR questions on this as well as the MSP, both have contacts for questions on their websites. Also check out the Michigan forum page.

750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; conditions; violation as misdemeanor; penalty.
Sec. 227d.
(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:
(a) Taken down.
(b) Enclosed in a case.
(c) Carried in the trunk of the vehicle.
(d) Inaccessible from the interior of the vehicle.
(2) 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.
History: Add. 1981, Act 103, Eff. Mar. 31, 1982
© 2007 Legislative Council, State of Michigan

ORV-324.81133 Operation of ORV; prohibited acts

k) While transporting on the vehicle a bow unless unstrung or encased, or a firearm unless unloaded and securely encased, or equipped with and made inoperative by a manufactured keylocked trigger housing mechanism.

MCL 324.82126(1)(g).

• A person shall not operate a snowmobile while transporting a
firearm, unless unloaded in both barrel and magazine and securely
encased. Id.

One Member's opinion:

It is more difficult to say whether it is legal to carry concealed in a boat. Your CPL authorizes you to carry a concealed pistol anywhere in the state, “except as otherwise provided by law”. Michigan law, MCL 324.40111(2) states, “Except as otherwise provided in this part or in a department order authorized under section 40107, a person shall not transport or have in possession a firearm in or upon a vehicle, unless the firearm is unloaded … in a motorized boat.”

Similar statutes outlaw the carrying of a loaded firearm in an ORV (MCL 324.81133) or in a snowmobile (MCL 324.82126(1). These statutes were designed to stop poachers] from shooting game from a motor vehicle, motor boat, ORV or snowmobile. But, their terms do not limit enforcement to that situation.

The DNR has issued a written guidance to its officers not to enforce the above statutes against anyone with a Concealed Pistol License unless the person is using the handgun to hunt from a motor vehicle, boat, ORV or snowmobile.

This has not been formalized into a “department order” so it does not control anyone but Conservation Officers. There is no such barrier for any other peace officer. A police officer or deputy sheriff could arrest you for violation of the motor vehicle, motor boat, ORV or snowmobile statute. I believe that the carry concealed statute was intended to supercede these laws. But it did not do so explicitly. Hopefully the legislature will correct these contradictions.

According to the above, carrying a loaded pistol in or on car, motorcycle, boat and snowmobile, etc. is going to require a CPL. I don't see how the above can be clearer on the subject.

In Michigan we are not going to find a law that specificallystates OC is legal in or on a boat, snowmobile.

In Michigan, motorcycles are considered vehicles; therefore, CPL is required to CC or OC, same as a car. At this time the only thing we have to go by is what the DNR stated.

A hunting license is not required while transporting a firearm en route to or from a target, trap or skeet range, or target shooting area and there is no attempt to take game.

At all times, rifles, shotguns, muzzleloading and other firearms and bows and arrows carried in or on any type of motor vehicle, including ORVs and snowmobiles, must be unloaded in both barrel and magazine, and either enclosed in a case, or unstrung, or carried in the trunk of a vehicle with a trunk. These rules apply whether your vehicle is parked, stopped, moving or is on private or public property. A firearm transported in a motor-propelled boat or sailboat must be unloaded in both barrel and magazine when the motor is operating or the boat is under sail and may not be loaded until the momentum of the boat has ceased. Firearms must be unloaded in the barrel, and all arrows must be in a quiver when a hunter is afield outside the legal hunting hours. Exception: These rules do not apply to pistols carried under authority of a concealed pistol license or properly carried under authority of a specific exception from the requirement of a concealed pistol license.

A percussion cap muzzleloading longarm is considered unloaded if the percussion cap is removed. A flintlock muzzleloading longarm is considered unloaded if the cock is left down and the pan is open. Black powder handguns must be transported as stated above.

Another Member's opinion:

All hunting laws still apply to us unless stated otherwise. No exception here for a handgun and it plainly states ANY motor vehicle. IN or ON If you are ON a motorcycles, your firearm MUST be unloaded & cased unless you have a CPL.