OC in a state ownwed campground

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This Memorial day weekend I have plans to go camping in a DNR primative campground in northern lower Michigan. This is legal right? what if I go into Federal forest, am I still legal?

Thanks in advance. Dan

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A great question, I'd like to hear an answer too, as I spend a lot of time at Canoe Harbor in Grayling.


Sig

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On state land, I believe you are good to go for carrying, and target shooting at safe back stops.

At State Parks, game rules come into play, and I believe unless you are hunting, or carrying under the authority of a CPL, you must carry unloaded in both the barrel and magazine.

I could be wrong, but this is my understanding.

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I think the question also involved a FEDERAL forest.

Sig

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Last I heard, and verified with a park ranger in the national forest, the rule of allowing legal carry in national forests (federal) was temporarily revoked because they think it will increase poaching :banghead:
I think the decision is still tied up in the courts, and I haven't heard anything final.

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maahes wrote:

Last I heard, and verified with a park ranger in the national forest, the rule of allowing legal carry in national forests (federal) was temporarily revoked because they think it will increase poaching :banghead:
I think the decision is still tied up in the courts, and I haven't heard anything final.

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The senate just passed a bill making this legal, didn't they?

http://opencarry.mywowbb.com/forum4/25765.html

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National parks and federal land are 2 different things when it comes to legalities. Unfortunately, I am not as familiar with these laws as I'd like to be.

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Dansjeep2000 wrote:

This Memorial day weekend I have plans to go camping in a DNR primative campground in northern lower Michigan. This is legal right? what if I go into Federal forest, am I still legal?

Thanks in advance. Dan

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If you have a CPL you can conceal or OC in both State camp grounds/land and in National Forrest's. At this time you can not have a loaded firearm in a National park or Lakeshore.

If you do not have a CPL you can not have a loaded firearm in a state camp ground. You can OC on state lands and on National Forrest's, outside a camp ground, But I would recommend you have a small game license just to be safe. It's not clear if the DNR rules about having a loaded firearm where game is applicable even if you are only carryingfor self defense. So I would get the $13 license as insurance.

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zigziggityzoo wrote:

maahes wrote:

Last I heard, and verified with a park ranger in the national forest, the rule of allowing legal carry in national forests (federal) was temporarily revoked because they think it will increase poaching :banghead:
I think the decision is still tied up in the courts, and I haven't heard anything final.

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The senate just passed a bill making this legal, didn't they?

http://opencarry.mywowbb.com/forum4/25765.html

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It passed the senate, but it's a long way from becoming law, so until then it's no CC or otherwise in a Nation park/lakeshore.

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Here is a question I sent to Michigan's DNR some weeks back...

Customer (T. Vance) - 03/24/2009 12:15 PM
According to State Law, it it legal to carry a registered holstered pistol in public so long as it is plain view and recognizable as a firearm without a CPL/CCW. When you are carrying either openly or concealed is there a restriction on how many rounds that magazine may hold?

Is it legal to target practice on state land with a pistol?

Is it legal to hunt varment on state land with a pistol?






Response (Terry Cook) - 03/30/2009 02:32 PM
1. Although not a natural resources issue, we can advise that federal law 18USC Sec 922, which prohibited an individual from having a firearm with a clip holding over 10 rounds, was repealed effective September 1, 2004. There is no legal restriction on number of rounds a clip may hold currently in place.

2. Yes, it is legal to target shoot with a pistol on those state lands where target shooting is permitted. Target shooting is allowed year around on state forest lands and state game and wildlife areas unless specifically posted closed to entry, target shooting or the discharge of firearms at the site. State Park and State Recreation Lands are closed to target shooting except at designated shooting ranges.

3. Yes, it is lawful to hunt most small game (except waterfowl and wild turkey) with a pistol on those state lands open to hunting. There are no firearm or caliber restrictions for DAYTIME predator hunting (raccoon, oppossum, fox, and coyote) EXCEPT during the November firearm deer season. NIGHTTIME predator hunting is restricted to only a .22 or smaller caliber RIMFIRE rifle or handgun, or shotgun with loads other than buckshot, slug, ball or cut shell, or bow and arrow.

Finally, in both open carry and concealed situations, you should be aware that MCL 750.234d states that you cannot possess any firearm in a depository financial institution, a church or other house of religious worship, court, theatre, sports arena, day care center, hospital or an establishment licensed under the Michigan liquor control act, unless that possession is with the permission of the owner or his/her agent of the entity.

Michigan DNR
Law Enforcement Division

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About 95% of my OCing is done on state land. I've always had a game license, but it's not required.

Altough during deer season, you can't have more then 9 rounds in total in southern MI (zone 3). Unless you have a CPL and Aren't hunting with the pistol.

When I go camping in zone 2, I take my pistol and OC while hiking, As well as having a pump action unloaded in a locked vehicle, and keep it loaded in the tent at night. But that's because I don't suspect a .40 S&W will do much against a 400lb hungry Black Bear.I prefer to camp with the primitive camping permit(if thats what its called) out in the middle of BFE.

I've talked with the rangers, and the trustees when we go to Rv camp gounds, The only question I've gotten was "Did'ya Get nething?" I've never Carried on federal land, or camped In zone 3 though.

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Sorry to butt in... i just lurk a lot with tons of questions....

going up to pictured rocks (national lakeshore/park) this summer, no CPL, was wondering at the very least the legality of having an unloaded firearm in a backpack while hiking? and will stored properly in the car be alright as well?

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I wouldn't feel safe in most of those wooded areas up north without some sort of firearm. Especially in the U.P.!!!

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Federal land, It's best to check with the rangers on duty. The new statute passed to allow carrying on federal land or national parks (there is a difference). State land and state camp grounds are public property, so Carry on.

Best to just call and check if your unsure, and or unable to find literature on it.

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BreakingTheMold wrote:

Federal land, It's best to check with the rangers on duty. The new statute passed to allow carrying on federal land or national parks (there is a difference). State land and state camp grounds are public property, so Carry on.

Best to just call and check if your unsure, and or unable to find literature on it.

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See: MCL 324.43510 & MCL 324.504

BreakingTheMold, at this time, you can only carry in National Forests. The Bill to allow carry in National Parks has not beened signed into law-it will be awhile for that.

324.43510 Carrying or transporting firearm, slingshot, bow and arrow, crossbow or trap; license required; exception; applicability to taking of wild animal.

Sec. 43510.

(1) Subject to subsection (2) and except as provided in section 43513, a person shall not carry or transport a firearm, slingshot, bow and arrow, crossbow, or a trap while in any area frequented by wild animals unless that person has in his or her possession a license as required under this part.

(2) This act or a rule promulgated or order issued by the department or the commission under this act shall not be construed to prohibit a person from transporting a pistol or carrying a loaded pistol, whether concealed or not, if either of the following applies:

(a) The person has in his or her possession a license to carry a concealed pistol under 1927 PA 372, MCL 28.421 to 28.435.

(b) The person is authorized under the circumstances to carry a concealed pistol without obtaining a license to carry a concealed pistol under 1927 PA 372, MCL 28.421 to 28.435, as provided for under any of the following:

(i) Section 12a of 1927 PA 372, MCL 28.432a.

(ii) Section 227, 227a, 231, or 231a of the Michigan penal code, 1931 PA 328, MCL 750.227, 750.227a, 750.231, and 750.231a.

(3) Subsection (2) does not authorize an individual to take or attempt to take a wild animal except as provided by law.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 585, Eff. Mar. 1, 1997 ;-- Am. 2004, Act 129, Imd. Eff. June 3, 2004 ;-- Am. 2006, Act 433, Imd. Eff. Oct. 5, 2006
Popular Name: Act 451
Popular Name: NREPA

Also,

324.504 Department of natural resources; rules for protection of lands and property; certain rules prohibited; orders; violation as civil infraction; fine.
Sec. 504.

(1) The department shall promulgate rules for the protection of the lands and property under its control against wrongful use or occupancy as will ensure the carrying out of the intent of this part to protect the lands and property from depredations and to preserve the lands and property from molestation, spoilation, destruction, or any other improper use or occupancy.

(2) This section does not allow the department to promulgate a rule that applies to commercial fishing except as otherwise provided by law.

(3) The department shall not promulgate or enforce a rule that prohibits an individual who is licensed or exempt from licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a pistol in compliance with that act, whether concealed or otherwise, on property under the control of the department.

(4) The department shall issue orders necessary to implement rules promulgated under this section. These orders shall be effective upon posting.

(5) A person who violates a rule promulgated under this section or an order issued under this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.

History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1996, Act 171, Imd. Eff. Apr. 18, 1996 ;-- Am. 2004, Act 130, Imd. Eff. June 3, 2004
Popular Name: Act 451
Popular Name: NREPA
Admin Rule: R 299.291a et seq. and R 299.921 et seq. of the Michigan Administrative Code.

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T Vance wrote:

Here is a question I sent to Michigan's DNR some weeks back...

Customer (T. Vance) - 03/24/2009 12:15 PM
According to State Law, it it legal to carry a registered holstered pistol in public so long as it is plain view and recognizable as a firearm without a CPL/CCW. When you are carrying either openly or concealed is there a restriction on how many rounds that magazine may hold?

Is it legal to target practice on state land with a pistol?

Is it legal to hunt varment on state land with a pistol?






Response (Terry Cook) - 03/30/2009 02:32 PM
1. Although not a natural resources issue, we can advise that federal law 18USC Sec 922, which prohibited an individual from having a firearm with a clip holding over 10 rounds, was repealed effective September 1, 2004. There is no legal restriction on number of rounds a clip may hold currently in place.

2. Yes, it is legal to target shoot with a pistol on those state lands where target shooting is permitted. Target shooting is allowed year around on state forest lands and state game and wildlife areas unless specifically posted closed to entry, target shooting or the discharge of firearms at the site. State Park and State Recreation Lands are closed to target shooting except at designated shooting ranges.

3. Yes, it is lawful to hunt most small game (except waterfowl and wild turkey) with a pistol on those state lands open to hunting. There are no firearm or caliber restrictions for DAYTIME predator hunting (raccoon, oppossum, fox, and coyote) EXCEPT during the November firearm deer season. NIGHTTIME predator hunting is restricted to only a .22 or smaller caliber RIMFIRE rifle or handgun, or shotgun with loads other than buckshot, slug, ball or cut shell, or bow and arrow.

Finally, in both open carry and concealed situations, you should be aware that MCL 750.234d states that you cannot possess any firearm in a depository financial institution, a church or other house of religious worship, court, theatre, sports arena, day care center, hospital or an establishment licensed under the Michigan liquor control act, unless that possession is with the permission of the owner or his/her agent of the entity.

Michigan DNR
Law Enforcement Division

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WARNING: THE HIGHLIGHTED INFORMATION ABOVE IS INCORRECT

As we all should know by now, the information highlighted above is correct for OC w/out a CPL, but CPL holders are exempt from MCL 750.234d. CPL holders DO need to follow the restrictions imposed by MCL 28.425o[size="-1"][font="arial, helvetica, sans-serif"][font="Arial, Helvetica"] [/font][/font][/size]

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IIRC, that's the exact wording the LEAF legal advisor used in the power point presentation. This is one of many concerns/questions Brian has added to the list to be addressed.

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DrTodd wrote:

CPL holders DO need to follow the restrictions imposed by MCL 28.425o[size=-1][font="arial, helvetica, sans-serif"][font="Arial, Helvetica"] [/font][/font][/size]

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But only if they are concealing.

28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation; penalties.

Sec. 5o.

(1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:

Bronson

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Bronson wrote:

DrTodd wrote:

CPL holders DO need to follow the restrictions imposed by MCL 28.425o[size=-1][font="arial, helvetica, sans-serif"][font="Arial, Helvetica"] [/font][/font][/size]

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But only if they are concealing.

28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation; penalties.

Sec. 5o.

(1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:

Bronson

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Correct. That's really what DrTodd said.

IOW, if you're a CPL holder and you"follow the restrictions imposed by"Section 5o, then you know CC is prohibited in those places mentioned.

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BreakingTheMold wrote:

Federal land, It's best to check with the rangers on duty. The new statute passed to allow carrying on federal land or national parks (there is a difference). State land and state camp grounds are public property, so Carry on.

Best to just call and check if your unsure, and or unable to find literature on it.

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Guys/Gals Federal Forrest's are okay to OC or CC with or without a CPL. Treat them like state Forrest's.

ONLY National Parks/Lakeshores are off limits to loaded firearms. You can possess firearms in National Parks/Lakeshores as long as they are unloaded and secured in a trunk or case (Same as Michigan transport laws.) Exception is in a National Park or Lakeshore that allows hunting, like Sleeping Bear National Lakeshore, you can hunt there and have loaded firearms during hunting seasons with a hunting licence. That is where I deer hunt, duck hunt and grouse hunt.