imported post
SpringerXDacp wrote:
Orton wrote:
What I would like to know, if anyone can tell me is, with the O/C in Mich, since I ride a motorcycle alot and am 60+ years old, and the bike has a large enough rear locked tail compartment that can store a pistol & holster, would that then be legal to carry? Also these newer bikes come with sensors which the older bikes did not have. I'd hate to break down some where's and have other problems besides just motorcycle problems.
Thanks, Orton
Welcome to OCDO Orton. If you do not have a CPL then the following applies:
You can open carry on federal forrest lands, state forrest lands, state parks, anywhere it is legal to open carry. You can't have loaded weapons in National Parks. The sleeping Bear National Lake shore allows hunting so you can have a firearm there during state hunting seasons.
But in order to
transport you firearm without a CPL you are limited to lawful purposes which are defined by law. You can't just drive around with an unloaded cased handgun in your car unless you meet the criteria below. While in
transport means going straight to and from, no stopping at the store, no going shopping, no going for a drive. You can't
transport your handgun in a vehicle and say go out shopping and strap on the old firearm when you get to the mall. It is very hard to open carry in Michigan because of the below conditions. You can start out from your home or business on foot or on a bike or on a motorcycle and open carry.
Those with CPL's can
transport their handguns and either open or conceal carry, because they are allowed to
transport their handguns without having to meet the below conditions.
From the Michigan
State Police Web Site.
7. If I do not have a CCW permit, may I
transport my pistol in a motor vehicle?
Answer A person is now permitted to
transport a pistol for a lawful purpose 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’ as:
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While en route to or from a hunting or target shooting area.
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While transporting a pistol to or from home or place of business and a place of repair.
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While moving goods from one place of residence or business to another place of residence or business.
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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.
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While en route to or from home or place of business to a gun show or place of purchase or sale.
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While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted.
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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.
Federal Law on the Transportation of Firearms.
Title 18 U.S.C. Section 926A
Orton, without a CPL you may transport unloaded and in a case in your locked tail compartment.
Cite to authority:
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931 ***** 750.231a THIS SECTION IS AMENDED EFFECTIVE JANUARY 7, 2009: See 750.231a.amended *****
750.231a Exceptions to § 750.227(2); definitions.
Sec. 231a.
(1) Subsection (2) of section 227 does not apply to any of the following:
(a) To a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence except where the pistol is carried in nonconformance with a restriction appearing on the license.
(b) To the regular and ordinary transportation of pistols as merchandise by an authorized agent of a person licensed to manufacture firearms.
(c) To a person carrying an antique firearm as defined in subsection (2), completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle.
(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.
(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.
(2) As used in this section:
(a) “Antique firearm” means either of the following:
(i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or replica of such a firearm, whether actually manufactured before or after 1898.
(ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(b) “Lawful purpose”
includes the following:
(i) While en route to or from a hunting or target shooting area.
(ii) While transporting a pistol en route to or from his or her home or place of business and place of repair.
(iii) While moving goods from 1 place of abode or business to another place of abode or business.
(iv) While transporting a licensed pistol en route to or from a law enforcement agency for the purpose of having a safety inspection performed on the pistol as is required by section 9 of 1927 PA 372, MCL 28.429, or for the purpose of having a law enforcement official take possession of the weapon.
(v) While en route to or from his or her abode or place of business and a gun show or places of purchase or sale.
(vi) While en route to or from his or her abode to a public shooting facility or public land where discharge of firearms is permitted by law, rule, regulation, or local ordinance.
(vii) While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted by law, rule, regulation, or local ordinance.
http://www.legislature.mi.gov/(S(4m3zx3n2coffgj45cacgwh55))/mileg.aspx?page=getobject&objectname=mcl-750-231a&query=on&highlight=pistol%20AND%20en%20AND%20route
Some would read the "includes" as saying "includes, but is not limited to". More importantly, open carry is permitted under the law.