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.
