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Thread: Out of state.

  1. #1
    Regular Member AaronS's Avatar
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    Well I am sure this has been asked, but I cant find it.

    I am going to Michigan this weekend, and wanted to know if I am able to open carry. As some may know, Wisconsin has open carry only at this time. So will I be good in Michigan? Any rules of thumb that might be odd for me?

    Thanks for the help.

    Aaron

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    Regular Member autosurgeon's Avatar
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    I am sorry to have to be the one to tell you this but no you will NOT be able to OC

    And here is why. In MI you have to have a registered pistol or a CPL from a state that we honor in order to even have a pistol in your possession. This is a pain and a Major infringement of your rights I know and I wish it wasn't this way.

    Here is a quote from one of our more learned members... He does an excellent job researching.

    Quote : Dr. Todd

    Yes... it is legal without a home-state concealed pistol license IF certain conditions are followed/ applicable. The major issue has been a change from just allowing the home-state concealed pistol licensee to possess a pistol to also allow a person with a permit to purchase, transport, or carry a pistol issued by their state. One would still need a resident, out-of-state permit to carry concealed in Michigan. If a state does not issue either a concealed or a purchase, transport, or carry permit, then possession of a pistol in MI is still prohibited. Many states do not issue permits to purchase, transport, or carry, but Illinois does (FOID Card). (See list below)


    IMO, a logical change would allow possession by those who legally can purchase a handgun out of state if their state does not issue a permit to purchase, transport, or carry, but the new law is an improvement.

    The Michigan State Police publishes a legal update which is an advisory publication for MSP officers and local PD's. I've provided the link below.

    http://www.michigan.gov/documents/ms...1_263341_7.pdf


    IMHO, citizens of the following states need a permit to purchase handguns and would therefore be able to possess handguns in Michigan:

    (from: http://lcav.org/content/licensing_gun_owners_purchasers.pdf)

    California (handguns only)

    Connecticut (handguns only)

    Hawaii (handguns and long guns)

    Illinois (handguns and long guns)

    Iowa (handguns only)

    Massachusetts (handguns and long guns)

    New Jersey (handguns and long-guns)

    New York (handguns only), New York City, (handguns and long guns)

    North Carolina (handguns only)

    Rhode Island (handguns only)

    Note the above from the Quote down is attributed to Dr.Todd

    I hope that answers your question... Although not in the way you would wish I am sure
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    Regular Member AaronS's Avatar
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    Well it was not what I wanted to hear, but it is a good thing you told me...

    Funny, Ill. has NO carry at all, but because I get a card, I can carry in MI, just not my home state).

    So you say I could get an MI out of state CCW card? Would I have to come over, and take a state test?

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    Regular Member autosurgeon's Avatar
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    Unfortunately Mi does not do out of state permits and they do not accept non resident concealed weapons permits...

    Also IL does have OC in rural areas like downstate... But yes BC they have a form of license MI recognizes that...

    It's too bad there are all these restrictions on a constitutional right!!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  5. #5
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    You can use ANY license from your home state (not just a concealed carry license), A license to purchase, possess, transport, or carry a pistol allows you to carry in MI. (I say this because in GA, you don't get concealed carry permits, you just get permits to carry, period.)

    Long arms do not require a permit in MI, so anyone may carry long arms in MI (If you're hunting, other lawful purposes, etc.).

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    So by living in Illinois with a valid F.O.I.D. card, I can legally open carry in Michigan, just no go on conceal carrying.

  7. #7
    Regular Member AaronS's Avatar
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    autosurgeon wrote:
    Unfortunately Mi does not do out of state permits and they do not accept non resident concealed weapons permits...

    Also IL does have OC in rural areas like downstate... But yes BC they have a form of license MI recognizes that...

    It's too bad there are all these restrictions on a constitutional right!!
    I agree 100%. I will never understand why I would need a license, to exercise a right. Why did Michigan ever agree to this? I bet it is not helping any crime problems. I would vote to turn down CCW if this was my only option (if ccw is ever voted on in Wisconsin). Until then, I guess I am happy to carry open, and license free.

    I still love your state, and I am sure I will have a great time this weekend.

  8. #8
    Regular Member autosurgeon's Avatar
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    MI enacted pistol registration in the 1920's to keep the black man from being able to have a pistol after a prominent black doctor killed several white people trying to harm him and his family in there own home. I have researched this and it appears that the KKK was involved and that they used the excuse of the MOB problem to make it more palatable to some of the other politicians... We didn't have a MOB problem as for the most part MI was neutral ground...a place for them to relax. Detroit was the exception.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  9. #9
    Anti-Saldana Freedom Fighter Venator's Avatar
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    RobR369 wrote:
    So by living in Illinois with a valid F.O.I.D. card, I can legally open carry in Michigan, just no go on conceal carrying.
    Yes. You can now possess a handgun in Michigan if you have a FOID card from Illinois and you are an Illinois resident. If you can lawfully possess the handgun you can OC it. But be aware of how you have to transport the weapon in a vehicle and the places off limits to firearm possession.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  10. #10
    Regular Member autosurgeon's Avatar
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    Venator wrote:
    RobR369 wrote:
    So by living in Illinois with a valid F.O.I.D. card, I can legally open carry in Michigan, just no go on conceal carrying.
    Yes. You can now possess a handgun in Michigan if you have a FOID card from Illinois and you are an Illinois resident. If you can lawfully possess the handgun you can OC it. But be aware of how you have to transport the weapon in a vehicle and the places off limits to firearm possession.
    Good catch there Venator! I totally missed robs post. !!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  11. #11
    Michigan Moderator DrTodd's Avatar
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    autosurgeon wrote:
    Unfortunately Mi does not do out of state permits and they do not accept non resident concealed weapons permits...

    Also IL does have OC in rural areas like downstate... But yes BC they have a form of license MI recognizes that...

    It's too bad there are all these restrictions on a constitutional right!!
    AaronS,

    I'm not a lawyer and this is NOT legal advice.

    If you want, I think your situation would be a good "test case" of the 2nd Amendment in Mich.. I'm not really asking you to do it, just waiting for such a situation to actually question the whole non-resident registration law here in Michigan.

    I've also often wondered, looking at the law, if a hunting license or hunter's safety course would suffice. I know it's only a possible "loophole" and I can't vouch that it would work and is very risky, but technically a hunting license is a license to carry, as it does allow one to OC while hunting. Can one handgun hunt in Wisconsin? Hmmm.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  12. #12
    Regular Member autosurgeon's Avatar
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    I have often wondered that myself... as I use my .22 single action revolver to hunt rabbit... so a small game license.... but again this is just conjecture Aaron as I don't know for sure if this would apply to you.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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