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Thread: Little help on transporting law with CPL?

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    I'm an OH regional truckdriver, with permit,and I was up in MI today. Sometimes Iconfuse each states laws that I drive thru, so I wanted to put a little cheat sheet together for myself.

    I've read thru most of the posts and links to MI laws, but I must be overlooking thetwo I need. Since I'm in the truck for long periods of time, I don't always keep the gun/holster on me. Where is it legal for me to put the loaded,holstered, gun when not wearing it? And is one in the chamber allowed?

    Thanks in advance!

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    By "permit", I assume you mean a license to carry a concealed weapon? While I am not sure about how the reciprocity works out, under our CPL we are allowed to carry one in the chamber.

    A good place to check this is the Legal Beagle section at http://www.migunowners.org/forum/index.php



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    From one pro driver to another......

    You may transport your handgun loaded (one in the chamber) anyplace in your truck with a permit from your home state in MI.

    As with OH., you MUST inform an officer that you have a permit & are carrying if stopped.

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    THERE are a lot of unknowns are independent ? company owned [ there rules your paycheck ] ? also DOT interstate bah bah bah

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    damn, screwed that post up.
    [quote]

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    Michigan and Ohio share full reciprocity with each other in regards to Concealed Carry. If you have an Ohio Concealed Carry Permit and are a Ohio resident, you are fully entitled to carry your weapon in the cab of your truck. Having a loaded weapon in a motor vehicle in Michigan is considered concealed carry no matter where in the vehicle it is kept. You also have to notify the officer of your permit, give that permit to the officer with your drivers license, and notify the officer of the weapons location as soon as he approaches your vehicle. Naturally, you also have to comply with that officers request in regards to your weapon at all times. Violation of any of these steps can leave you subject to arrest.

    However, if you do NOT have an Ohio concealed carry permit, carrying a loaded firearm in the cab of your truck will subject you to the concealed weapons act. In Michigan you can carry openly only when on foot. In oder to transport a firearm within a motor vehicle without a concealed carry permit in Michigan, it MUST be unloaded and in a locked container that is not readily available to the vehicles occupant(s). In your truck, that means a locked portable gun safe and you must remember to keep if completely unloaded. Whether a locked glove compartment would be considered a "gun safe" is a very gray area and I expect that most troopers would consider the weapon concealed even if it were unloaded.

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    Scooter123 wrote:
    Michigan and Ohio share full reciprocity with each other in regards to Concealed Carry. If you have an Ohio Concealed Carry Permit and are a Ohio resident, you are fully entitled to carry your weapon in the cab of your truck.
    Agreed, if he is a independent owner/operator. Most, if not all, trucking companies prohibit possession of firearms of any kind.

    Scooter123 wrote:
    Having a loaded weapon in a motor vehicle in Michigan is considered concealed carry no matter where in the vehicle it is kept.

    Not true. Even with a permit/licensethedriver may choose to be under lawful transport, for whatever reason. As long as the handgun is unloaded, in-cased and separate from ammo and is not accessible to driver or passengers, it is not concealed. Also, if stopped, the driver does not have to disclose possession of the handgun-only if asked by the LEO if there are any weapons in the vehicle, for example.

    ETA: Oops, I missed the loaded part...sorry. I agree with Scooter on this.


    Scooter123 wrote:
    In Michigan you can carry openly only when on foot.

    OC on foot only if you do not have apermit/license from your residential state that is recognized by Michigan (restrictions do apply). If you havesaid permit/license you may OC on foot and in your vehicle.
    Scooter123 wrote:
    In oder to transport a firearm within a motor vehicle without a concealed carry permit in Michigan, it MUST be unloaded and in a locked container that is not readily available to the vehicles occupant(s).

    No. Where are you getting "locked" from??? Please cite. Also, this only applies toresidentsof Michigan whose pistol is registered (Safety Inspected) to them. If you are a non-resident of Michigan, you may not possess/carry/use a handgun in this state unless you are traveling through (under lawful transport).

    Edit: Spelling

    Scooter123 wrote:

    In your truck, that means a locked portable gun safe and you must remember to keep if completely unloaded. Whether a locked glove compartment would be considered a "gun safe" is a very gray area and I expect that most troopers would consider the weapon concealed even if it were unloaded.
    The OP indicated he has a permit/license, therefore, in Michigan, he is not required to place the pistol in a locked compartment...it is highly advisable though.

    Again, even in lawful transport mode, the driver is not required to place the unloaded pistol, in-cased, separate from ammo in a locked container...it does not have to be locked. And, it'srequired that the pistolnot be accessible to driver and passengers.


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    taxwhat wrote:
    THERE are a lot of unknowns are independent ? company owned [ there rules your paycheck] ? also DOT interstate bah bah bah
    Please get a grip to many unknowns neeed more info!!!

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    Thanks for all the replies.

    I found all the 'duty to inform' and such, just didn't see anything as to where the weapon has to be, as in OH.

    Myboss allows CPL holders to carry in the truck, company or O/O, he just doesn't want our customers to know. I agree that most companies do not permit weapons, but I know that most drivers think there is a federal law against it.


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    snake021 wrote:
    Thanks for all the replies.

    I found all the 'duty to inform' and such, just didn't see anything as to where the weapon has to be, as in OH.

    Myboss allows CPL holders to carry in the truck, company or O/O, he just doesn't want our customers to know. I agree that most companies do not permit weapons, but I know that most drivers think there is a federal law against it.
    At the next weight station check with Ohio authorities and please let us know thanks

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    taxwhat wrote:
    snake021 wrote:
    Thanks for all the replies.

    I found all the 'duty to inform' and such, just didn't see anything as to where the weapon has to be, as in OH.

    Myboss allows CPL holders to carry in the truck, company or O/O, he just doesn't want our customers to know. I agree that most companies do not permit weapons, but I know that most drivers think there is a federal law against it.
    At the next weight station check with Ohio authorities and please let us know thanks
    Check for what?? Let us know what ????

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    Leader wrote:
    taxwhat wrote:
    snake021 wrote:
    Thanks for all the replies.

    I found all the 'duty to inform' and such, just didn't see anything as to where the weapon has to be, as in OH.
    At the next weight station check with Ohio authorities and please let us know thanks
    Check for what?? Let us know what ????
    HIS question maybe Ohio related as a COMERCAL CARRER USDOT
    as do not know if has-mat hauler note they shall not carry fusee fire must have other light generating device

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    taxwhat wrote:
    Leader wrote:
    taxwhat wrote:
    snake021 wrote:
    Thanks for all the replies.

    I found all the 'duty to inform' and such, just didn't see anything as to where the weapon has to be, as in OH.
    At the next weight station check with Ohio authorities and please let us know thanks
    Check for what?? Let us know what ????
    HIS question maybe Ohio related as a COMERCAL CARRER USDOT
    as do not know if has-mat hauler note they shall not carry fusee fire must have other light generating device
    As already stated, the DOT has NO regulations pertaining to carrying firearms in a truck.

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    Leader wrote:
    taxwhat wrote:
    Leader wrote:
    taxwhat wrote:
    snake021 wrote:
    Thanks for all the replies.

    I found all the 'duty to inform' and such, just didn't see anything as to where the weapon has to be, as in OH.
    At the next weight station check with Ohio authorities and please let us know thanks
    Check for what?? Let us know what ????
    HIS question maybe Ohio related as a COMERCAL CARRER USDOT
    as do not know if has-mat hauler note they shall not carry fusee fire must have other light generating device
    As already stated, the DOT has NO regulations pertaining to carrying firearms in a truck.
    Ok sorry this is rude . delivering to nuclear plant ,us military base ?

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    This thread has de-railed. The OP has an Ohio CPL/CHL/CCW/whatever, and as such has the full CPL rights/responsibilities as an MI CPL holder while in MI.

    Loaded in cab = carrying (in reach, out off reach, one in the chamber or not)
    Unloaded and secured out of driver reach = not carrying

    -Rob

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    [/thread]

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    taxwhat wrote:
    snake021 wrote:
    Thanks for all the replies.

    I found all the 'duty to inform' and such, just didn't see anything as to where the weapon has to be, as in OH.

    Myboss allows CPL holders to carry in the truck, company or O/O, he just doesn't want our customers to know. I agree that most companies do not permit weapons, but I know that most drivers think there is a federal law against it.
    At the next weight station check with Ohio authorities and please let us know thanks
    I have posted other threads regarding my "encounters" with the OH authorities. They were non-eventful.

    The other questions you bring up, "has-mat hauler/ nuclear plant/us military base" are private businesses/organizations. In OH, if they are posted with signs, you may not enter with your weapon.

    As others have stated, there is NO FEDERAL LAW against weapons in a commercial vehicle. I think you must be one of those misinformed drivers I was talking about.:P



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    Rob Washeleski wrote:
    This thread has de-railed. The OP has an Ohio CPL/CHL/CCW/whatever, and as such has the full CPL rights/responsibilities as an MI CPL holder while in MI.

    Loaded in cab = carrying (in reach, out off reach, one in the chamber or not)
    Unloaded and secured out of driver reach = not carrying

    -Rob
    Thank you Rob, I think most of the repliers missed something. As a CPL holder, whenever Istop at a traffic light inthe ghetto, I have my hand inside my middle console with 13 rounds ready to fly. And yes, the first is already in the pipe. Carry as you please, anywhere inside your vehicle, Snake.



    Also, as for not needing to tell an officer about your weapon, he already knows you own one and may be carrying if you hold a cpl. Remember that piece of metal on your back bumper, the one that is linked to your name and history? I admit I do not know for certain if you are legally obligated to inform the LEO (I took it for granted when I was trained by a local police sergeant and he told me that was law) but I would certainly not want to make an officer think I may be hiding my weapon in my lap when he is coming up to my car.
    United we STAND!

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    Jeff, Yes there is a requirement to disclose if you are in a vehicle and the weapon is accessable. That makes it concealed in MI.


    28.425f Concealed pistol license; possession; disclosure; violation; penalty; seizure; forfeiture.


    ...


    (3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.

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    "Also, as for not needing to tell an officer about your weapon, he already knows you own one and may be carrying if you hold a cpl. Remember that piece of metal on your back bumper, the one that is linked to your name and history? I admit I do not know for certain if you are legally obligated to inform the LEO (I took it for granted when I was trained by a local police sergeant and he told me that was law) but I would certainly not want to make an officer think I may be hiding my weapon in my lap when he is coming up to my car."

    Jeff... The OP is driving someone elses truck, the license plate won't tell the officer anything about him.

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    Leader wrote:


    Jeff... The OP is driving someone elses truck, the license plate won't tell the officer anything about him.


    Indeed, I got a little hasty in throwing my pennies in. I'll try to be a little more conservative.
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    Leader wrote:



    "Also, as for not needing to tell an officer about your weapon, he already knows you own one and may be carrying if you hold a cpl. Remember that piece of metal on your back bumper, the one that is linked to your name and history? I admit I do not know for certain if you are legally obligated to inform the LEO (I took it for granted when I was trained by a local police sergeant and he told me that was law) but I would certainly not want to make an officer think I may be hiding my weapon in my lap when he is coming up to my car."

    Jeff... The OP is driving someone elses truck, the license plate won't tell the officer anything about him.

    Your license plate does not hold your CPL information (In Michigan at least). Your DL does. I asked this specific question at the SOS a week ago while registering a new vehicle. The interaction went like this:

    Me: "Does my CPL status show up on all new registrations automatically?"

    SOS: "Your CPL status is not linked in your registration or license plate. Its only your DL that holds that information."

    Me: "Are you sure? Because my CPL instructor informed me that the opposite was true?"

    SOS(with a smile): "Well I would ask for you money back. Look. (she spins the screen around so I can see). No CPL information. Now, if I type in your DL number, yep, there it is!"


    She went on to say that having it linked to your registration/plate number would only do the officers any good if you were in your car. Thats why itson your DL.
    The only terrorists I see nowadays are at the Capital.


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    Tucker6900 wrote:

    Your license plate does not hold your CPL information (In Michigan at least). Your DL does. I asked this specific question at the SOS a week ago while registering a new vehicle. The interaction went like this:

    Me: "Does my CPL status show up on all new registrations automatically?"

    SOS: "Your CPL status is not linked in your registration or license plate. Its only your DL that holds that information."

    Me: "Are you sure? Because my CPL instructor informed me that the opposite was true?"

    SOS(with a smile): "Well I would ask for you money back. Look. (she spins the screen around so I can see). No CPL information. Now, if I type in your DL number, yep, there it is!"


    She went on to say that having it linked to your registration/plate number would only do the officers any good if you were in your car. Thats why itson your DL.
    That IS GOOD info to know and it makes sense WOW.
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    Venator wrote:
    That IS GOOD info to know and it makes sense WOW.
    And I believe that is the reason why we have to inform of carrying during a stop. The officers doesnt know otherwise unless he runs your DL.
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

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    But, when they run the license plate on the in-car computer they CAN get the info on the registered owner which they can then access; so, in a round-about sort of way, it is accessible but not as readily as just running the plate through. Also, many PO's don't have computers in their cars yet so they just call in that they are stopping a certain vehicle with plate #. Then, when they return to the car, with license in hand, dispatch gives them the information. Whether dispatch runs the DL of the owner is probably a policy issue, but I'm guessing not unless the officer specifically asked.
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