Taurus850CIA
Regular Member
imported post
Michigan state borders extend out into the water of the lakes surrounding the state. Constitutional law and legislation state that one may carry for the lawful purpose of self defense, anywhere in the state, with some restrictions. Pistol free zones do not name bodies of water. Concealed carry laws do not name a boat as a vehicle upon which the carry of a pistol could be considered concealed. Legislation regulating open carry does not mention boats.
750.227d has to do with vehicles designed for land travel, as seen above.
750.227c mentions boats, and specifically exempts loaded pistols, while not saying anything about any form of license, or specific form of carry, as seen above.
324.40111 Taking animal from in or upon vehicle; transporting or possessing firearm in or upon vehicle; transporting bow in or upon vehicle; written permission to hunt or discharge firearm.
Sec. 40111.
(1) Except as otherwise provided in this part or in a department order authorized under section 40107, a person shall not take an animal from in or upon a vehicle.
(2) 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 both barrel and magazine and enclosed in a case, carried in the trunk of a vehicle, or unloaded in a motorized boat.
This law has to do with the taking of game. If it is read to mean that no person may carry or possess a loaded firearm while on a boat, it would be an unconstitutional prohibition against the use of firearms for the lawful purpose of self defense, akin to the D.C. gun ban, and must be amended or repealed.
324.81133 This law applies to an ORV, which is defined in legislation as follows:
"ORV" or "vehicle" means a motor driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. ORV or vehicle includes, but is not limited to, a multitrack or multiwheel drive vehicle, an ATV, a motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation deriving motive power from a source other than muscle or wind. ORV or vehicle does not include a registered snowmobile, a farm vehicle being used for farming, a vehicle used for military, fire, emergency, or law enforcement purposes, a vehicle owned and operated by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which it has an easement, a construction or logging vehicle used in performance of its common function, or a registered aircraft.
Water does not fit in the definition of terrain.
324.82126 specifically regulates snowmobiles.
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 supersede these laws. But it did not do so explicitly.
The implication in this statement is that no person shall possess a loaded firearm on a boat, but that the DNR chooses not to enforce this against persons holding a CPL. Once again, if that is the case, it would be an unconstitutional ban on our right to self defense.
If someone can point out to me that DNREP law can supercede our national and state constitutionally guaranteed right to self defense, and Michigan legislation allowing carry for the purpose of self defense, I'll concede that my opinion is wrong.
Michigan state borders extend out into the water of the lakes surrounding the state. Constitutional law and legislation state that one may carry for the lawful purpose of self defense, anywhere in the state, with some restrictions. Pistol free zones do not name bodies of water. Concealed carry laws do not name a boat as a vehicle upon which the carry of a pistol could be considered concealed. Legislation regulating open carry does not mention boats.
750.227d has to do with vehicles designed for land travel, as seen above.
750.227c mentions boats, and specifically exempts loaded pistols, while not saying anything about any form of license, or specific form of carry, as seen above.
324.40111 Taking animal from in or upon vehicle; transporting or possessing firearm in or upon vehicle; transporting bow in or upon vehicle; written permission to hunt or discharge firearm.
Sec. 40111.
(1) Except as otherwise provided in this part or in a department order authorized under section 40107, a person shall not take an animal from in or upon a vehicle.
(2) 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 both barrel and magazine and enclosed in a case, carried in the trunk of a vehicle, or unloaded in a motorized boat.
This law has to do with the taking of game. If it is read to mean that no person may carry or possess a loaded firearm while on a boat, it would be an unconstitutional prohibition against the use of firearms for the lawful purpose of self defense, akin to the D.C. gun ban, and must be amended or repealed.
324.81133 This law applies to an ORV, which is defined in legislation as follows:
"ORV" or "vehicle" means a motor driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. ORV or vehicle includes, but is not limited to, a multitrack or multiwheel drive vehicle, an ATV, a motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation deriving motive power from a source other than muscle or wind. ORV or vehicle does not include a registered snowmobile, a farm vehicle being used for farming, a vehicle used for military, fire, emergency, or law enforcement purposes, a vehicle owned and operated by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which it has an easement, a construction or logging vehicle used in performance of its common function, or a registered aircraft.Water does not fit in the definition of terrain.
324.82126 specifically regulates snowmobiles.
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 supersede these laws. But it did not do so explicitly.
The implication in this statement is that no person shall possess a loaded firearm on a boat, but that the DNR chooses not to enforce this against persons holding a CPL. Once again, if that is the case, it would be an unconstitutional ban on our right to self defense.
If someone can point out to me that DNREP law can supercede our national and state constitutionally guaranteed right to self defense, and Michigan legislation allowing carry for the purpose of self defense, I'll concede that my opinion is wrong.