imported post
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