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oc in mich question

vamarine

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I am a marine stationed in VA so i have a VA RESIDENT cpl. i bought my pistol in va. I have a MI drivers lisence. Also Va is a gold star open carry state. Can i OC in Mich?
 

zigziggityzoo

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vamarine wrote:
I am a marine stationed in VA so i have a VA RESIDENT cpl. i bought my pistol in va. I have a  MI drivers lisence. Also Va is a gold star open carry state. Can i OC in Mich?

Welcome VaMarine.

The answer to your question is yes, while in Michigan, you may OC.

The real question here is whether you can CC. I believe the answer to that is also yes, provided you can prove that you have residency in VA. (your station orders should suffice).
 

DrTodd

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It would depend on your circumstances.

Please see this court case:
http://www.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/people_v_williams.txt

Basically, the court ruled that:

Although defendant may have been residing in both Michigan and
Alabama at the time of his arrest, he could only have one legal
residence. Gluc v Klein, 226 Mich 175, 179; 197 NW 691 (1924).
Because defendant had not applied for a Michigan driver's license,
had not rented or purchased a home in Michigan, and had not
obtained permanent employment in Michigan,we find that the
evidence does not establish that defendant intended to permanently
abandon his Alabama domicile.


I guess the only issue you would have is the driver' license. A court
is going to consider the above-mentioned behaviors as indicative of
whether you would be considered a "Michigan resident". I would think that
would not be considered a resident and therefore would be able to carry the
pistol while in Michigan. However, my opinion is not worth anything. If I
were you I would get a VA driver's license and carry here with that and the VA
concealed pistol license.

But perhaps you still have the MI DL so you can get a resident hunting license
and, if that's the case, it would hard to justify using a Mich DL for residency
to hunt with a pistol which you claim you are allowed to use because
you are an out-of-state resident. Just my opinion, though.
 

Michigander

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Welcome to the site!

About carrying, I wouldn't do it without a VA drivers license. Maybe overly cautious, but that's what I'd do to be on the safe side.
 

vamarine

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Thank you for the replys, i will most likely just cc because mi accepts va resident cpl.
 

WARCHILD

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Keep in mind...Military Personel...have a different residency status. Unless it has been changed and I don't believe it has, so check it out.
Anyone in the military no matter where they are stationed their "home of record" is considered their residence. You state you have a Mich. D.L. so, you are a Mich. resident stationed in Va.
As I said.... check it out...don't just take my word for it.
 

vamarine

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WARCHILD wrote:
Keep in mind...Military Personel...have a different residency status. Unless it has been changed and I don't believe it has, so check it out.
Anyone in the military no matter where they are stationed their "home of record" is considered their residence. You state you have a Mich. D.L. so, you are a Mich. resident stationed in Va.
As I said.... check it out...don't just take my word for it.
i understand that and va also considers me a resident hence the resident cpl.
 

WARCHILD

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Yeah, I figured that. I would suggest, go to the new member info thread and get the email address for Sgt. Deasy of the Mich. state police. Pose the question to him for a more direct answer. I would rather be safe than in jail, especially for a service man.

Welcome to OCDO and thanks for your service to our country.
Jerry
 

DrTodd

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vamarine wrote:
WARCHILD wrote:
Keep in mind...Military Personel...have a different residency status. Unless it has been changed and I don't believe it has, so check it out.
Anyone in the military no matter where they are stationed their "home of record" is considered their residence. You state you have a Mich. D.L. so, you are a Mich. resident stationed in Va.
As I said.... check it out...don't just take my word for it.
i understand that and va also considers me a resident hence the resident cpl.
If you are considered a Michigan resident you MAY NOT bring an unregistered pistol into Michigan NOR may you use your VA concealed permit to CC here. Sorry.

http://www.ag.state.mi.us/opinion/datafiles/1990s/op06798.htm

AG Opinion No. 6798
May 16, 1994
CONCEALED WEAPON LICENSE:
Michigan resident with a concealed weapon license acquired from another state
A Michigan resident may not carry a concealed pistol in Michigan if the resident has only acquired a license to carry a concealed
pistol from another state.
 

Michigander

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It's still the same solution in my opinion, to go get the VA license. It's the best of all worlds, since you can do as you please with carrying, and not have to register your pistol. I don't know the specifics in VA, but usually it's only a few bucks....
 

DrTodd

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Michigander wrote:
It's still the same solution in my opinion, to go get the VA license. It's the best of all worlds, since you can do as you please with carrying, and not have to register your pistol. I don't know the specifics in VA, but usually it's only a few bucks....
It is a possible solution that may work. The chances of Michigan "knowing" that he is a Michigan resident are slim to none if he gets the VA license. However, vamarine needs to fully understand the potential issues involved. Technically, if the military considers him a Michigan resident then there is the possibility that he could be arrested for the pistol registration requirement and the cc violation, the ccw being a conviction with potentially severe consequences. If that is something vamarine is willing to risk, that is his business. I am hesitant, though, of suggesting that he just get a VA Driver's license as if this will totally negate the possibility of being arrested/convicted. I admit, though, I would probably do as Michigander suggested but I would be fully cognizant of my potential liabilities. In the end vamarine, that is something only you can decide. But, if you do decide to do as Michigander suggested and what I personally would probably do myself, realize that although the VA Driver's license may improve your chances of claiming the legality of ccing the pistol here in Michigan, it does have some risk involved, especially if the MSP have access to Military records (I really do not know if they do).
 
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