Results 1 to 18 of 18

Thread: Anyone open carry on a motorcycle in Michigan ?

  1. #1
    Regular Member
    Join Date
    Jul 2008
    Location
    Westland, Michigan, USA
    Posts
    9

    Post imported post

    If so how did it go? Is it legal to do ?

  2. #2
    Regular Member
    Join Date
    Nov 2007
    Location
    Kalamazoo, Michigan, United States
    Posts
    576

    Post imported post

    I do !! also have a CPL from michigan !! in michigan my understanding is that if you carry loaded in a car you must have a cpl, also on a motorcycle loaded cpl required.

    Having a cpl covers me both ways OC/CC

  3. #3
    Regular Member
    Join Date
    Jul 2008
    Location
    Westland, Michigan, USA
    Posts
    9

    Post imported post

    Mastiff

    The problem beeing I don't have a CPL. So I can't open carry on a motorcycle with a loaded gun? Anyone else have any info on this? Thanks

  4. #4
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,446

    Post imported post

    nascarkent wrote:
    Mastiff

    The problem beeing I don't have a CPL. So I can't open carry on a motorcycle with a loaded gun? Anyone else have any info on this? Thanks
    This is all we can find so far on this question. Below is a hodge podge of info on this subject, that has been provided by various members. The law seems to exempt a pistol but other law deals with concealing a pistol on a motor vehicle. So it's up in the air. I suggest you contact Sgt. Deasy of the MSP at 517- 336-6441 and ask this question. He is very helpful.



    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).[/b]

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


    [size=Member opinion:]

    [size=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.” ]

    [size=]

    [size=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. [/b]

    [size=][/b]

    [size=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.[/b][size=]

    [size=]

    [size=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.

    ]I know Brian’s OP was without CPL, however, 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.

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

    In]
    [size=Michigan][size=, 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.



    [size=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.]

    [size=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][size=, 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. ]

    [size=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. ]
    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
    Regular Member
    Join Date
    Jul 2008
    Location
    Westland, Michigan, USA
    Posts
    9

    Post imported post

    I just sent off a email to the Michigan State Police . Asking If open carry .Of a loaded

    pistol is legal. While riding a motorcycle. With no CPL

  6. #6
    Regular Member
    Join Date
    Feb 2008
    Location
    , Michigan, USA
    Posts
    41

    Post imported post

    They are going to say the same as above, no CPL, no Motorized carry, CC or OC.

  7. #7
    Regular Member
    Join Date
    Jul 2006
    Location
    Michigan, USA
    Posts
    902

    Post imported post

    Venator wrote:
    nascarkent wrote:
    Mastiff

    The problem beeing I don't have a CPL. So I can't open carry on a motorcycle with a loaded gun? Anyone else have any info on this? Thanks
    This is all we can find so far on this question. Below is a hodge podge of info on this subject, that has been provided by various members. The law seems to exempt a pistol but other law deals with concealing a pistol on a motor vehicle. So it's up in the air. I suggest you contact Sgt. Deasy of the MSP at 517- 336-6441 and ask this question. He is very helpful.



    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).[/b]

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


    [size=Member opinion:]

    [size=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.” ]

    [size=]

    [size=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. [/b]

    [size=][/b]

    [size=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.[/b][size=]

    [size=]

    [size=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.

    ]I know Brian’s OP was without CPL, however, 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.

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

    In]
    [size=Michigan][size=, 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.



    [size=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.]

    [size=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][size=, 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. ]

    [size=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. ]
    Any idea if a bicycle would count as a "self propelled vehicle"? I don't think it would but I want to make sure.

  8. #8
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,446

    Post imported post

    Jared wrote:
    Any idea if a bicycle would count as a "self propelled vehicle"? I don't think it would but I want to make sure.
    You can OPEN CARRY on a bicycle, we have many members that do that.
    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.

  9. #9
    Regular Member
    Join Date
    Aug 2010
    Location
    SALEM MI
    Posts
    2
    Quote Originally Posted by nascarkent View Post
    If so how did it go? Is it legal to do ?
    Awful Gray area Gonna have to put in a call to SGT. Deazy tomarrow

  10. #10
    Regular Member Vmaxx's Avatar
    Join Date
    Apr 2010
    Location
    Rochester Hills, Michigan, USA
    Posts
    85
    I open carry on my motorcycle often. With CPL of course, going to use my shoulder rig this weekend. I'm looking for better comfort

  11. #11
    Regular Member
    Join Date
    Jul 2009
    Location
    Near Lapeer (Hadley), Michigan, USA
    Posts
    932
    I have oc'd thousands of miles on a motorcycle (with cpl) and only had one negative encounter.

    we have beat this horse to death.

    best advice is to not ride a motorcycle without cpl. the cost of a felony conviction is too great.

    however, it is probably legal as the pistol would not be "in the vehicle"

    Apples and oranges: The court said in a case involving a previously convicted felon transporting a pistol concealed under the seat/gas tank of his motorcycle was in violation of the statute as the pistol was "within the area" of the motorcycle. Area is a geography term. If you calculate the area of a triangle you would not count any of the space outside of the triangle.

    example:
    pistol within the area of a triangle:


    pistol NOT within the area of a triangle:



    pistol not within the area of a motorcycle


    pistol within the area of a motorcycle


    i am pretty adventurous and i would not attempt it without cpl. If you oc on motorcycle and get in trouble, please select an excellent attorney, like Dean Greanblatt so we enhance our chances of having case law in our favor on this subject.
    Last edited by lapeer20m; 08-17-2010 at 08:41 PM.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  12. #12
    Regular Member Taurus850CIA's Avatar
    Join Date
    Jun 2008
    Location
    , Michigan, USA
    Posts
    1,071
    Is that a Glock?
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

  13. #13
    Regular Member PDinDetroit's Avatar
    Join Date
    Jun 2009
    Location
    SE, Michigan, USA
    Posts
    2,336
    Hey! Stick Figures! I know how to draw them things!

    I doubt I could draw them that well...

  14. #14
    Regular Member Agent1's Avatar
    Join Date
    Jul 2010
    Location
    The Thumb MI
    Posts
    120
    Quote Originally Posted by Taurus850CIA View Post
    Is that a Glock?
    No way, it looks like it has a hammer. it must be a deasert eagle!
    ‎"I pledge allegiance to the flag of the United States of America, and to the republic for which it stands; one nation under God, indivisible with liberty and justice for all."

  15. #15
    Regular Member fozzy71's Avatar
    Join Date
    Mar 2010
    Location
    Roseville, Michigan, USA
    Posts
    932
    Quote Originally Posted by Venator View Post
    Jared wrote:
    You can OPEN CARRY on a bicycle, we have many members that do that.
    Apparently this opinion has changed in the past 2 years (assuming you don't have a CPL)?
    Last edited by fozzy71; 08-17-2010 at 10:56 PM.
    "I like users who quote smellslikemichigan in their signature lines." - fozzy71

  16. #16
    Regular Member
    Join Date
    Aug 2010
    Location
    SALEM MI
    Posts
    2
    Quote Originally Posted by nascarkent View Post
    Mastiff

    The problem beeing I don't have a CPL. So I can't open carry on a motorcycle with a loaded gun? Anyone else have any info on this? Thanks
    I just Got off the phone with Michigan State Police (MSP) From MSP is that the law that they have is unclear the way that it writen. It can be argued both ways. It's in legislation now to make it more clear for Us and For the Police. So if you want to take on the challenge. You would probably win. (not quoted by MSP) If You dare call and talk to somebody from the NRA so they can help.

  17. #17
    Regular Member
    Join Date
    Apr 2009
    Location
    Hartford, MI, ,
    Posts
    353
    Quote Originally Posted by Agent1 View Post
    No way, it looks like it has a hammer. it must be a deasert eagle!
    It's clearly a Colt 1903 Pocket Hammer.
    Attached Thumbnails Attached Thumbnails Click image for larger version. 

Name:	Colt%201903%20Hammer%20Pocket.jpg 
Views:	871 
Size:	51.2 KB 
ID:	3622  

  18. #18
    Regular Member Agent1's Avatar
    Join Date
    Jul 2010
    Location
    The Thumb MI
    Posts
    120
    That is just way cool!
    ‎"I pledge allegiance to the flag of the United States of America, and to the republic for which it stands; one nation under God, indivisible with liberty and justice for all."

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •