Results 1 to 7 of 7

Thread: Transportion Legality

  1. #1
    Regular Member
    Join Date
    Jul 2009
    Location
    Grand Rapids, Michigan, USA
    Posts
    11

    Post imported post

    I know this has been covered but I am still having trouble finding a solid answer. Maybe one doesn't even exist as of now? I am having trouble finding something that says I can legally transport my pistol. I do not at this time have a CPL. So to transport I have to be going to/from hunting. range, etc. So when I swung into the OC rally at Riverside park the other day was I technically breaking the law?

  2. #2
    Regular Member Yooper's Avatar
    Join Date
    Aug 2008
    Location
    Houghton County, Michigan, USA
    Posts
    808

    Post imported post

    I tried looking for the law, but haven't figured out Michigans law stuff yet, but I believe, (someone correct me if I'm wrong), that added that you could carry a pistol, locked, in a trunk, for "all lawful purposes", or something to that effect.

    But, I never really worried about it since I've always had a small game license (carrying to or from an area open to hunting), and am surrounded by forest that is open to target shooting. If I would have ever gotten stopped, you can bet that I was going target shooting, or hunting, if they would have asked. But that was before this law went into effect. Now I have my CPL so it doesn't matter....well, it does, but you get the point.
    Rand Paul 2016

  3. #3
    Regular Member
    Join Date
    Jul 2007
    Location
    Grand Rapids, Michigan, USA
    Posts
    1,416

    Post imported post

    dbark wrote:
    I know this has been covered but I am still having trouble finding a solid answer. Maybe one doesn't even exist as of now? I am having trouble finding something that says I can legally transport my pistol. I do not at this time have a CPL. So to transport I have to be going to/from hunting. range, etc. So when I swung into the OC rally at Riverside park the other day was I technically breaking the law?
    MCL 750.227 is the law prohibiting concealed weapons.

    http://www.legislature.mi.gov/(S(alhcfh55mazeil45aw3vrgfb))/mileg.aspx?page=getObject&objectName=mcl-750-227

    Mcl 750.231a is the law that provides exceptions to MCL 750.227.

    http://www.legislature.mi.gov/(S(alhcfh55mazeil45aw3vrgfb))/mileg.aspx?page=getObject&objectName=mcl-750-231a


    It reads:

    THE MICHIGAN PENAL CODE (EXCERPT)
    Act 328 of 1931

    750.231a Exceptions to MCL 750.227(2); definitions.Sec. 231a.
    (1) Subsection (2) of section 227 does not apply to any of the following:
    (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.
    (b) To the regular and ordinary transportation of pistols as merchandise by an authorized agent of a person licensed to manufacture firearms.
    (c) To a person carrying an antique firearm as defined in subsection (2), completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle.
    (d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.
    (e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.
    (2) As used in this section:
    (a) "Antique firearm" means either of the following:
    (i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or replica of such a firearm, whether actually manufactured before or after 1898.
    (ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
    (b) "Lawful purpose" includes the following:
    (i) While en route to or from a hunting or target shooting area.
    (ii) While transporting a pistol en route to or from his or her home or place of business and place of repair.
    (iii) While moving goods from 1 place of abode or business to another place of abode or business.
    (iv) While transporting a licensed pistol en route to or from a law enforcement agency or for the purpose of having a law enforcement official take possession of the weapon.
    (v) While en route to or from his or her abode or place of business and a gun show or places of purchase or sale.
    (vi) While en route to or from his or her abode to a public shooting facility or public land where discharge of firearms is permitted by law, rule, regulation, or local ordinance.
    (vii) While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted by law, rule, regulation, or local ordinance.






    Pay attention to the parts I posted in red. The key phrase is "includes". Lawful purpose "includes" those examples, but it does not exclude others (SD is a lawful purpose, espicially since it's outlined in the state Constitution). However, as there are some jurisdictions who think they can (and may well try) to prosecute (read nuisance charge for oppression) someone who transports for other lawful purpose (this law was recently changed for this), it is one of the reasons why I recommend not answering questions related to such matter.



    If it's in the trunk locked up, how will the officer know it's there? It's legal, so your conscience should be clear, but understand that bigotry abounds, and some officers/prosecutors will look for any reason to charge you with. No matter how bogus, you will still have to hire a lawyer to defend yourself. That is why you do not give them information.



  4. #4
    Regular Member DanM's Avatar
    Join Date
    Jul 2008
    Location
    West Bloomfield, Michigan, USA
    Posts
    1,937

    Post imported post

    ghostrider wrote:
    However, as there are some jurisdictions who think they can (and may well try) to prosecute (read nuisance charge for oppression) someone who transports for other lawful purpose (this law was recently changed for this), it is one of the reasons why I recommend not answering questions related to such matter.
    Precisely. The proper answer to any question about where you are coming from or going to is, "Officer, I don't wish to discuss my itinerary.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

  5. #5
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,446

    Post imported post

    This is the good one.
    (vii) While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted by law, rule, regulation, or local ordinance.


    As was stated you can now transport for all lawful purposes. The term in route means the trip in it's entirety not a straight line to a place and back home. Also some PD's are not aware of the change so having a copy of the statute is helpful.

    And as stated by DanM, you don't have to tell them where you have been or where you are going. In fact if it's a vehicle stop you don't have to tell them if you have a weapon and you can refuse any search. Certainly don't open the trunk for them, make them get a warrant. Know your rights and exercise them. You do not have to talk to a LEO, you can remain silent. See the wash rinse and repeat thread

    Sounds rude, but LEO's are not out to find you innocent they want to find you guilty of SOMETHING.

    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.

  6. #6
    Regular Member
    Join Date
    Mar 2009
    Location
    Not on this website, USA
    Posts
    2,482

    Post imported post

    Read this story about an officer trying to charge me with CCW (Carrying a Concealed Weapon) when I was stopped in my car for OCing when I didn't have a CPL.

    http://opencarry.mywowbb.com/forum30/28859-1.html

    Like Venator said, "you don't have to tell them where you have been or where you are going. In fact if it's a vehicle stop you don't have to tell them if you have a weapon and you can refuse any search. Certainly don't open the trunk for them, make them get a warrant. Know your rights and exercise them. You do not have to talk to a LEO, you can remain silent. See the wash rinse and repeat thread

    Sounds rude, but LEO's are not out to find you innocent they want to find you guilty of SOMETHING."!!!!!!






  7. #7
    Regular Member
    Join Date
    Mar 2009
    Location
    Not on this website, USA
    Posts
    2,482

    Post imported post

    Here is a link to the story about my gun board meeting after my "OC incident".

    http://opencarry.mywowbb.com/forum30/25392-2.html

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •