Person from out of state and OC

This is in regards to my brother.

He purchased his pistol that he CC's a year and a half ago when he was still in MI so it is safety inspected and registered in MI. He moved to OK to go to school and while there changed his drivers license and got a concealed weapons permit. He has now come back to MI but for at least 30 to 60 days he will still be considered a resident of OK. The question he wanted me to ask is can he OC since he can legaly have a pistol in MI as he has an OK CPL. And second does he need to register his pistol again?

I personally think that his pistol registration should be fine....

All thoughts should cite the approriate MCL please...

I will continue to reasearch this for him as he will be busy in the next few days with his new job and moving in and such.

Thanks Ryan

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(8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following conditions apply:

(a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.

(b) The individual is in possession of the license described in subdivision (a).

(c) The individual is the owner of the pistol he or she possesses, carries, or transports.

(d) The individual possesses the pistol for a lawful purpose as that term is defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

(e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.

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If I remember right, Michigan honors the concealed permits of all 50 states, but out of state people are bound to the restrictions of their home state permits.

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Michigander wrote:

If I remember right, Michigan honors the concealed permits of all 50 states, but out of state people are bound to the restrictions of their home state permits.

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Just so you know, that's not true.

The law just requires that the person have a permit to purchase/own/transport a gun on their person in this state. After that, they must honor MI's laws, and that is all.

There's no way that MI legislature would require local law enforcement to enforce laws of all 49 other states.

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Yeah, they honor other states licensees ability to carry, but not there gun laws. I'm not sure which states if any, they do not honor.

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This is in regards to my brother.

He purchased his pistol that he CC's a year and a half ago when he was still in MI so it is safety inspected and registered in MI. He moved to OK to go to school and while there changed his drivers license and got a concealed weapons permit. He has now come back to MI but for at least 30 to 60 days he will still be considered a resident of OK. The question he wanted me to ask is can he OC since he can legaly have a pistol in MI as he has an OK CPL. And second does he need to register his pistol again?

I personally think that his pistol registration should be fine....

All thoughts should cite the approriate MCL please...

I will continue to reasearch this for him as he will be busy in the next few days with his new job and moving in and such.

Thanks Ryan

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autosurgeon wrote:

This is in regards to my brother.

He purchased his pistol that he CC's a year and a half ago when he was still in MI so it is safety inspected and registered in MI. He moved to OK to go to school and while there changed his drivers license and got a concealed weapons permit. He has now come back to MI but for at least 30 to 60 days he will still be considered a resident of OK. The question he wanted me to ask is can he OC since he can legaly have a pistol in MI as he has an OK CPL. And second does he need to register his pistol again?

I personally think that his pistol registration should be fine....

All thoughts should cite the approriate MCL please...

I will continue to reasearch this for him as he will be busy in the next few days with his new job and moving in and such.

Thanks Ryan

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A non-resident of Michigan may not possess a pistol in this state unless he/she has a permit/license. Both 750.234d and 28.432a addresses this.

Your brother does have a permit so he would be able to possess/carrythe pistol in Michigan. However, not only is he required to follow Michigan's restrictions pertaining to prohibited places to OC or CC, but must carry in conformance with any and all restrictions on his permit.

In other words,aresident inTexas (OC is illegal in Texas) who has a permit/license to carry a concealed pistol may do soin Michigan. However, if Open Carry is listed on the back of the permit/license as being prohibited, then the individual may not OC in Michigan.

The laws in Michigan differ from the above for non-residents with permit/license to hunt deer.

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SpringerXDacp wrote:

autosurgeon wrote:

This is in regards to my brother.

He purchased his pistol that he CC's a year and a half ago when he was still in MI so it is safety inspected and registered in MI. He moved to OK to go to school and while there changed his drivers license and got a concealed weapons permit. He has now come back to MI but for at least 30 to 60 days he will still be considered a resident of OK. The question he wanted me to ask is can he OC since he can legaly have a pistol in MI as he has an OK CPL. And second does he need to register his pistol again?

I personally think that his pistol registration should be fine....

All thoughts should cite the approriate MCL please...

I will continue to reasearch this for him as he will be busy in the next few days with his new job and moving in and such.

Thanks Ryan

Click to expand...

A non-resident of Michigan may not possess a pistol in this state unless he/she has a permit/license. Both 750.234d and 28.432a addresses this.

Your brother does have a permit so he would be able to possess/carrythe pistol in Michigan. However, not only is he required to follow Michigan's restrictions pertaining to prohibited places to OC or CC, but must carry in conformance with any and all restrictions on his permit.

In other words,aresident inTexas (OC is illegal in Texas) who has a permit/license to carry a concealed pistol may do soin Michigan. However, if Open Carry is listed on the back of the permit/license as being prohibited, then the individual may not OC in Michigan.

The laws in Michigan differ from the above for non-residents with permit/license to hunt deer.

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Here's the cite [size=-1][font="arial, helvetica, sans-serif"][font="Arial, Helvetica"][font="Arial, Helvetica"]MCL 750.231a[/font] [/font][/font][/size]

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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.

I am reading this incorrectly then.

Good thing i don't have to sort it out . Maybe call the local State Troopers or Sheriff Dept.

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SpringerXDacp wrote:

BreakingTheMold wrote:

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.

I am reading this incorrectly then.

Good thing i don't have to sort it out . Maybe call the local State Troopers or Sheriff Dept.

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No, you're not incorrect. I was just pointing out that Section 231a pertained to lawful transport. It's mainly applied to those without CPL's. Because,

The Section does not apply to:

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.

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A restriction appearing on the license and a prohibition in a state law are two completely different things. For instance, let's say you are driving in Michigan on your home state driver's license. Let's say your home state driving laws state that right turn on red is illegal, but in Michigan it is allowed. Let's say that your home state drivers license has a restriction that you may only drive during the daytime.

Now, in Michigan, you may, legally, turn right on red. It doesn't matter what your home state law is. BUT, in Michigan, you still CANNOT drive at night, because that is a restriction on your actual license.

Texas and Oklahoma CHL's are licenses allowing a person to carry a concealed firearm. The licenses themselves do not prohibit open carry, those states' laws do.

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SpringerXDacp wrote:

BreakingTheMold wrote:

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.

I am reading this incorrectly then.

Good thing i don't have to sort it out . Maybe call the local State Troopers or Sheriff Dept.

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No, you're not incorrect. I was just pointing out that Section 231a pertained to lawful transport. It's mainly applied to those without CPL's. Because,

The Section does not apply to:

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.

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A restriction appearing on the license and a prohibition in a state law are two completely different things. For instance, let's say you are driving in Michigan on your home state driver's license. Let's say your home state driving laws state that right turn on red is illegal, but in Michigan it is allowed. Let's say that your home state drivers license has a restriction that you may only drive during the daytime. NavyLT, did you read what BreakingTheMold highlighted in red? It's the part I previouly mentioned. If you are a licensed, non-resident of Michigan, you may carry your pistol here. I did not say it was illegal for Autosurgeon's brother to OC here, only it was questionable. OC is illegal in both Tx and Ok. While a non-resident of Michigan carrys here, he/she must follow Michigan's restrictions for carrying as well as the restrictions on the back of his or her permit/license. Again, see red (nonconformance).

Now, in Michigan, you may, legally, turn right on red. It doesn't matter what your home state law is. BUT, in Michigan, you still CANNOT drive at night, because that is a restriction on your actual license. I agree.

Texas and Oklahoma CHL's are licenses allowing a person to carry a concealed firearm. The licenses themselves do not prohibit open carry, those states' laws do. Have you seen/read the back of both of there licenses, I have not. As I mentioned previously, if OC is listed on the back of those licenses, residents from Tx and Ok can not legally OC here in Michigan. And, as I previously mentioned, the laws pertaining to deer hunting in Michigan for licensed, non-residents of Michigan are different.

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There is no OC restriction on his OK permit.

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Ok, this is all really confusing,
I am in WI, There are no permits or licenses required to own, purchase, transport, or carry a firearm. We also have no Concealed carry in this state.

So if Wisconsin has no licensing, Would I be correct by thinking I can legally  open-carry a handgun in Michigan?

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