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open carry in a vehicle on private property???

X

xd9sc

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Does anyone have a link or information about open carry in a car on private property. I know it is illegal to carry in a car on public property, but I am talking about if you are driving through a field, or from area to areaonetheshooting range property. Any input would be appreciated.
 
W

warlockmatized

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xd9sc wrote:
Does anyone have a link or information about open carry in a car on private property. I know it is illegal to carry in a car on public property, but I am talking about if you are driving through a field, or from area to areaonetheshooting range property. Any input would be appreciated.
Click to expand...
Do you have a CPL?
 
Venator

Venator

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xd9sc wrote:
No, i do not have a CPL. Are the circumstances any different if you own the property?
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Interesting question. Not sure. Relying on the statute it states that an owner of privates property can carry concealed or open on and in their property as long as it isn't one of the areas where CC is outlawed. So based on this I would conclude that you can CC in a vehicle on your own property. There are laws about CC firearms in vehicles and there may be some DNR rules about hunting from a car that may apply. So that would need to be looked into. So I guess I'm not sure. Guess I'll give a call to Sgt Deasy at the MSP and see what his opinion is.
 
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zigziggityzoo

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Venator wrote:
<SNIP>...as long as it isn't one of the areas where CC is outlawed. 
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There's such a thing as private property with CC outlawed? I mean, I know there exists private property within a school zone, but I thought private property is private property, no holds barred.
 
SpringerXDacp

SpringerXDacp

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xd9sc wrote:
Does anyone have a link or information about open carry in a car on private property. I know it is illegal to carry in a car on public property, but I am talking about if you are driving through a field, or from area to areaonetheshooting range property. Any input would be appreciated.
Click to expand...

IANAL, but I think this answers your question. Per MSP:

[font="Arial, Helvetica"]3. Do I need a concealed pistol permit to carry my pistols while walking through the woods near my cabin in Michigan? If not, are there any restrictions on how or where the gun is carried?[/font]

[font="Arial, Helvetica"][font="Arial, Helvetica"]MCL 750.227[/font] allows you to carry a pistol concealed or not if you are in your own home or on your own property. If you do not own the land, no license is needed to carry a pistol as long as it is exposed. However, should a person cover the pistol during inclement weather with a jacket or coat or get into a vehicle, the pistol would be concealed, and the carrier would place himself in jeopardy unless he possessed a concealed pistol permit. Per Attorney General's opinion #3158 dated February 14, 1945, a holster, in plain view, is not considered concealed. Department of Natural Resources regulations require a person to have a valid Michigan hunting license if in an area inhabited by wildlife, while in possession of a firearm.[/font]

IMO, this says that if youown the land that you are on, in a vehicle, without a CPL, you are still concealing the firearmbut notin violation of any firearm laws.
 
H

Hcidem

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[align=left]Michigan's concealed weapon prohibition provides an exception for property owners carrying (open or concealed) loaded pistols in vehicles. The statute does not provide an exemption to others who have permission from the property owner to carry a loaded pistol in a vehicle on their property.[/align]
[align=left]I remember seeing a DNR prohibition on travelling in vehicles with loaded weapons. The last time I read it, the text had been modified to ban loaded long guns in vehicles while allowing for the legal carry of pistols in accordance with the law.[/align]

[align=left]THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.227 Concealed weapons; carrying; penalty.

Sec. 227.

(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.
[/align]
 
Venator

Venator

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zigziggityzoo wrote:
Venator wrote:
<SNIP>...as long as it isn't one of the areas where CC is outlawed.
Click to expand...

There's such a thing as private property with CC outlawed? I mean, I know there exists private property within a school zone, but I thought private property is private property, no holds barred.
Click to expand...
Your right I was referring to a property owner giving permission to someone to carry on their property. That is. if the property is one of the places outlawed to concealed carry the property owner can carry CC, but a person that does not have a CPL can not CC even with permission from the property owner, they could only OC. Clear as mud?
 
DrTodd

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I was questioned by a PO regarding a neighbor's complaint of a motorcycle "racing up and down the street" while sitting in my car on my property pistol lying in my lap, no CPL at the time. I informed the officer that I had a pistol with me, he did not seem to care. I don't know if he was interpreting the law, so to speak, or if he was just trying to clear the call to get on to other things. I am not an attorney but I would say you are legal, on your property.
 
D

DickTracy1953

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I was told by the police that you can not drink spirits in your vehicle even if it is parked in your driveway. That makes me think that conceal carrying or open carrying in a vehicle on your property without the benefit of a CPL would be viewed in the same light.
 
T

taxwhat

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DickTracy1953 wrote:
I was told by the police that you can not drink spirits in your vehicle even if it is parked in your driveway. That makes me think that conceal carrying or open carrying in a vehicle on your property without the benefit of a CPL would be viewed in the same light.
Click to expand...
smoke and mirrors .
 
H

Hcidem

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DickTracy1953 wrote:
I was told by the police that you can not drink spirits in your vehicle even if it is parked in your driveway. That makes me think that conceal carrying or open carrying in a vehicle on your property without the benefit of a CPL would be viewed in the same light.
Click to expand...

Please refer to the statutes cited above. Property owners are specifically exempted from penalty for carrying a pistol in a vehicle while on their property.

In regard to a driveway, I would make sure I know the public street right-of-way limit before "walking the line." Public right-of-ways are always considered public property - even when maintained by a private individual as required by local ordinance.
 
T

taxwhat

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Hcidem wrote:
DickTracy1953 wrote:
I was told by the police that you can not drink spirits in your vehicle even if it is parked in your driveway. That makes me think that conceal carrying or open carrying in a vehicle on your property without the benefit of a CPL would be viewed in the same light.
Click to expand...

Please refer to the statutes cited above. Property owners are specifically exempted from penalty for carrying a pistol in a vehicle while on their property.

In regard to a driveway, I would make sure I know the public street right-of-way limit before "walking the line." Public right-of-ways are always considered public property - even when maintained by a private individual as required by local ordinance.
Click to expand...
+1
 
DrTodd

DrTodd

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The only "exemption" for an "open container" of alcohol in a vehicle in the law is for a chartered vehicle (limousine) authorized to operate by the Michigan Department of Transportation. There is no private property exemption; the prohibition is valid on any land accessable to vehicles. (See MCL 257.624a) The prohibition on carrying concealed specifically states that one may carry on their own property.
 
T

taxwhat

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DrTodd wrote:
The only "exemption" for an "open container" of alcohol in a vehicle in the law is for a chartered vehicle (limousine) authorized to operate by the Michigan Department of Transportation. There is no private property exemption; the prohibition is valid on any land assessable to vehicles. (See MCL 257.624a) The prohibition on carrying concealed specifically states that one may carry on their own property.
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Not to be nit picker ,Bus [like the ones that are owned by bars and restaurants that take patrons to the game and back ]driver never drinks .Also Private vehicle not for hire must have divider {rarely enforced ] .Charter vehicle driver no drink .On own property NOT open to public [camp ground private ] pay to enter in non moving vehicle [auto with tent or canopy attached ] motor home .
 
DrTodd

DrTodd

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Since drinking is different than possession and, I believe but could be wrong, that drivers of bus for hire need CDL which has a .02 BAC limit much like CPL rules, it would be very unwise to be a bus driver and drink.
 
pmcqueen37

pmcqueen37

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Dearborn Heights, Michigan, USA
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DrTodd wrote:
Since drinking is different than possession and, I believe but could be wrong, that drivers of bus for hire need CDL which has a .02 BAC limit much like CPL rules, it would be very unwise to be a bus driver and drink.
Click to expand...

Does OC have any Alcohol BAC rules ?

Example, If I'm in my yard OC' ing while having a beer am I breaking any rules ? I read the MSP web site about the alcohol rules for CC but I can't find anything about OC and alcohol. I would assume if they are that strict about CC and alcohol that OC and alcohol would also be frowned upon.
 
DrTodd

DrTodd

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Yes, MI does limit BAC to .08 (same as driving a vehicle) while in possession of a firearm.

Reference:

MCL750.237 Liquor or controlled substance; possession or use of firearm by person under influence; violation; penalty; chemical analysis.

(1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances:
(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual’s ability to use a firearm is visibly impaired.
(2) Except as provided in subsections (3) and (4), an individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00 for carrying or possessing a firearm, or both, and not more than $500.00 for using or discharging a firearm, or both.
 
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