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Thread: Non cpl transporting for open carry

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    I have been looking for ananswer but cannot find one for this question.Without a cpl how can I legally transport my handgun for the purpose of open carry? Unless I end up at the range after every time I oc,or walk everywhere I cannot find where I can do this.Any insight would be appreciated.

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    The law includes potential reasons for legally transporting your firearm, unloaded, and in your trunk. The law is not necessarily limited to those reasons. In the State of Michigan, the law explicitly states what is *not* allowed, not what *is* allowed.

    Therefore, transporting your firearm (1)in a case, (2)unloaded, (3)in the trunk, (4)for the purposes of self-defense is perfectly legal.

    I am not a lawyer. This does not constitute legal advise. This is my opinion only.

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    Regular Member Bronson's Avatar
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    Isn't there a case pending right now that is dealing with this exact issue?

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

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    SemperFiGuy wrote:
    I have been looking for ananswer but cannot find one for this question.Without a cpl how can I legally transport my handgun for the purpose of open carry? Unless I end up at the range after every time I oc,or walk everywhere I cannot find where I can do this.Any insight would be appreciated.
    Semper, here is the link for Lawful Transport:

    http://www.legislature.mi.gov/(S(jtk...e=mcl-750-231a

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    SemperFiGuy wrote:
    I have been looking for ananswer but cannot find one for this question.Without a cpl how can I legally transport my handgun for the purpose of open carry? Unless I end up at the range after every time I oc,or walk everywhere I cannot find where I can do this.Any insight would be appreciated.
    MY opinion for educational purpose not legal advise

    This question at this time doesn't have a clear answer. We are working on getting it clarified.

    Before 2006 the law said that you could only go to and from certain places. So you could only transport a handgun within very restrictive purposes.

    2006 they changed the wording a bit and stated you could transport for all lawful purposes they then use the word "includes" and gives some examples adding number seven below. It also uses the word "in route" which means a trip in it's entirety and not just back and forth.

    The problem is that while the MSP understands this and allows any lawful purpose while transporting, many local PD's don't see it that way and have charged people with illegal transport. At this time we don't know of any case law to support or refute this interpretation. So there is a chance someone could be charged under this statute.

    There was some conversation with lawmakers when they revised this law in 2006 that it still wasn't clear. The lawmakers said nonsenseit's very clear we mean any lawful purpose and nobody would be arrested for it. Well someone was so it can't be too clear. Again I'm in contact with my senator and he is in contact with the attorney generals office on this very issue.

    750.231a Exceptions to MCL 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 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.




    History: Add. 1964, Act 215, Eff. Aug. 28, 1964 ;-- Am. 1973, Act 191, Eff. Mar. 29, 1974 ;-- Am. 1974, Act 55, Imd. Eff. Apr. 1, 1974 ;-- Am. 1978, Act 280, Imd. Eff. July 6, 1978 ;-- Am. 2002, Act 82, Imd. Eff. Mar. 26, 2002 ;-- Am. 2008, Act 196, Eff. Jan. 7, 2009
    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.

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    With the legal side of this being on the fuzzy side, I may get my cpl just a bit sooner to avoid this issue. Great info, Thanks everyone.

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    I was also wondering too. To be totally safe I just planed on saying I was going out to my parents house to shoot ,which I do often, because I live in an apartment. That way there is no question.

    While I'm sure open carry should be a legal reason to carry your pistol, I wouldn't want to be arrested and have to go to court to fight it. I've had local city cops once threaten to taser, shoot, and charge me with non existing felonies for exercising my right to open carry while they were detaining me without any suspicion of a crime being committed other than it was unusual for someone to see a person with a pistol on their side, and then they proceeded to belittled me when I told them it was legal and said I should know the law better. This was while I was polite and complied 100% with their commands. At least about 10 minutes after I was in cuffs they finally got a hold of thier supervisor who told them it was legal. They stoped belittling me, but still threatened to charge me with felonies that didn't exist if I walked 1000 feet within a park or school, or I think he even mentioned a graveyard that I was near.

    I'm sure they would arrest you even if they knew the charges wouldn't stick to discourage you from carrying your pistol if they were so inclined. I got that impression from those who stopped me, but was assured that would not be the case by the chief.

    I complained and got it taken care of and they said it was a misunderstanding and wouldn't happen again, but I never take any chances. I don't feel like going through the hassle of being arrested and then having to fight it. I have better things to do with my time other than being falsely arrested.

    But I was wondering, does having a loading clip outside of the pistol while they are locked in your trunk count as a loaded or unloaded pistol? Or do you have to load your pistol when you get to your destination if you are going to open carry?

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    ddogge01 wrote:
    I was also wondering too.* To be totally safe I just planed on saying I was going out to my parents house to shoot ,which I do often,* because I live in an apartment. That way there is no question.

    While I'm sure open carry should be a legal reason to carry your pistol, I wouldn't want to be arrested and have to go to court to fight it.* I've had local city cops once threaten to taser, shoot, and charge me with non existing felonies for exercising my right to open carry while they were detaining me without any suspicion of a crime being committed other than it was unusual for someone to see a person with a pistol on their side, and then they proceeded to belittled me when I told them it was legal and said I should know the law better.* This was while I was polite and complied 100% with their commands.* At least about 10 minutes after I was in cuffs they finally got a hold of thier supervisor who told them it was legal.* They stoped belittling me, but still threatened to charge me with felonies that didn't exist if I walked 1000 feet within a park or school, or I think he even mentioned a graveyard that I was near.

    I'm sure they would arrest you even if they knew the charges wouldn't stick to discourage you from carrying your pistol if they were so inclined.* I got that impression from those who stopped me, but was assured that would not be the case by the chief.*

    I complained and got it taken care of and they said it was a misunderstanding and wouldn't happen again, but I never take any chances.* I don't feel like going through the hassle of being arrested and then having to fight it.** I have better things to do with my time other than being falsely arrested.

    But I was* wondering, does having a loading clip outside of the pistol while they are locked in your trunk count as a loaded or unloaded pistol?* Or do you have to load your pistol when you get to your destination if you are going to open carry?
    you can transport with a loaded magazine, as long as it is NOT in the pistol. As far as I know, it can be in the same case, right next to the gun, just not IN it. Even if there is no round in the chamber, the gun is considered loaded if a loaded magazine is in it.

    I'm no a lawyer, and i've definitely been wrong before.

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