What is the law on OC while in a car?

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SA-XD wrote:

It kind of scares me that no where in that does it say something to the effect of "you may transport to or from a place you are allowed to open carry". Although that may be what you are talking about with you "included" statement. hopefully you are right about that. My best friend's mom is a lawyer. I should talk to her. I i find anything, i'll post it.

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It does not specifically say it, but instead says this "[font="Arial, Helvetica"]While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance."[/font][font="Arial, Helvetica"] [/font][font="Arial, Helvetica"]Open Carry is permitted by law and most businesses (and homes/property) are considered private property.

I had an officer try to charge me with CCW (Carrying a Concealed Weapon) when I was pulled over while my gun was in the trunk seperate from the ammo like it was supposed to be and in a case because I didn't have my CPL at the time. The officer asked me "where are you coming from", "where are you going", and "where you at a shooting range today". The reason they asked me these questions was so they could (in their words!) "jam him up".:cuss:

The prosecuting attorney did not charge me with this crime though, not to say that someone else could not be charged with it though. Remember, you can be arrested and charged for ANYTHING. Read WASH, RINSE, REPEAT (a thread stickied on the main forum page). Memorize it, and when you have it memorized, READ IT AGAIN! It looks like alot to read, but it it vital if you plan to OC!!! Print it, and keep a copy on your person when out and about OCing. Take it from me. I glimpsed it over before I started OCing and fell victim to those LEO's "tricks". Remember, when an officer is talking to you and asking you questions ANYTHING YOU SAY, CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW! Get a recorder to cover your tucus.
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DanM wrote:

FatboyCykes wrote:

. . . the law regarding legal/lawful transport of a pistol is a little foggy, you'll find it under the info thread I believe, there are something like 7 listed reasons for lawful/legal transport in a vehicle. The debate is weather the 7 listed reasons are inclusive or exclusive, meaning, are they just examples of reasons to lawful carry, in addition to self protection, which is not listed, or are they the ONLY reasons that you can transport in a vehicle, of the which, again, PP is not listed.

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Here's the deal if you are properly transporting a handgun and you do not have a CPL:

If you are stopped by the police, limit your conversation to the reason why the officer stopped you. Ask immediately, "Good day, officer, why did you stop me?" If you are asked if you know why you were stopped, answer "No. Why did you stop me?" Do not answer questions about whether or not you have weapons in the car (make sureyour weapons out of sight, but properly stored of course). If you are asked where you are coming from or going to, say "I do not wish to discuss my itinerary, officer." Do not ever say one thing about your itinerary to anyone, until you have talked to an attorney, if it ever gets that far.

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Good suggestions. I wouldn't even answer the question of why I was pulled over. Just respond with the question of, "Why did you pull me over?".

Understand that your going along for the officer's line of questioning may well annoy him to the point that he finds something to get you on (he can if he wants to).

Also, I too would recommend getting a lock for the case. In the event that they do search your vehicle, it's one more barrier for them to justify violating.

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Thanks for posting that autosurgeon. And, wtf, did I have a brain fart? Granted I'm still a noob on here, but I'm sure I've read that a couple times before. Just when I thought I had a pretty good handle on most of the pertinent MCLs. Still learning all the time.

Thanks again.

Add: after thinking about it some more, I'm still a little iffy on the definition of "unloaded" for a pistol. It seems like a busy-body PA could argue that a loaded magazine, when separated from, but within the same case as the pistol, constitutes a "loaded" pistol. I think I'll play it safe with the mags in the range bag instead of the case. At least until I get my CPL (class this weekend!).

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MI is a "reasonable man" state. I think any "reasonable" man or woman would read that law and understand that it only means the weapon. But do what you're comfortable with.

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This subject of "transport" versus "carry" came up recently and I promised that I'd try to get clarification of the law through an AG opinion.

Just an update: I received an email from Senator (Redacted) a few days ago advising me that he has having a policy expert research this, and that he will get back to me when he receives advice. It doesn't appear that it will be an AG opinion... but it will (hopefully) be usable advice direct from a lawmaker. Then again, the policy expert may advise the involvement of the AG for his opinion.

I'll share more as I learn more.

Edited to Add: Removed Senators name... not as his request or anything, but out of respect for him in case he wishes to remain neutral on the issue.

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If you are stopped by the police, limit your conversation to the reason why the officer stopped you. Ask immediately, "Good day, officer, why did you stop me?" If you are asked if you know why you were stopped, answer "No. Why did you stop me?" Do not answer questions about whether or not you have weapons in the car (make sure your weapons are out of sight, but properly stored of course). You can say, "I do not wish to discuss the contents of my vehicle." If you are asked where you are coming from or going to, say "I do not wish to discuss my itinerary, officer." As always, NEVER consent to a search (of yourself, your belongings, or your vehicle) and BE VOCAL about it. Do not ever say one thing about the contents of your vehicle or the itinerary you are following to anyone, until you have talked to an attorney, if it ever gets that far.





just remeber that if you do have a cpl you do have to tell the leo you have a loaded weapon in the car!!!

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ok here is a question pertaining to OCing in a car. what if you have the handgun on the dash of your car or truck, for everybody to see, would that be considered open carry?

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If it is inside the car it is concealed period according to MI law.

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390JOE wrote:

ok here is a question pertaining to OCing in a car. what if you have the handgun on the dash of your car or truck, for everybody to see, would that be considered open carry?

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No, and it is inadvisable as it is too easy for the officer to size, and it is also hard to make the gun secure. Once the gun is in the car and accessible to the driver or any passenger, it is considered concealed under Michigan law.