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OC w/o CPL, How do I get my gun from the car to my person?

T Vance

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They way I did it before I had my CPL was like this...

I would store my gun and magazine (seperate from the gun) in a lockable case in the trunk of my car. I have a Blackhawk Serpa Level 2 retention holster that I always wore. When I got to my destination I would open the trunk, open the case, keep my gun pointed in a safe direction and put the gun into my holster. I would then put the magazine in the gun after it was in my holster. I was not comfortable chambering a round at that time so getting the round out of the gun was not an issue for me.

When I returned the gun to the car, I would open the trunk, then the safe. I would remove the magazine from the gun place it in the safe, then take he gun out of my holster and keep it pointed in a safe direction, then place it in the safe.
 

Venator

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astrogiblet wrote:
So just to clarify.. theres nowhere else in that 300 page firearm laws PDF that says you have to have the gun locked either right? (I think above we were talking about the case being locked/unlocked)..

So I can transport my pistol as long as it is in a case, unloaded, and in the back of my vehicle/in the trunk?


That is correct. You have to have it in a GUN case unloaded and in the trunk. You can have a magazine loaded in the case with the gun. The case DOES NOT have to be locked.

The only time you have to have a locked case and ammo outside of the case is if you have a CPL and you have more than .02% BAL. Or you can have it loaded but in the truck.

As stated you can buy a cheap soft handgun case for about $10 or less. Walmart, Meijer's often carry them. I think you could be given a hard time with the ammo can case. It would depend on the LEO.
 

Wglide90

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Folks,

Here is a summary of what I think we are trying to determine:

1. The clause, "in a case designed for firearms" is refering to everything other than a handgun. So this rule does not apply for handguns.

2. When transporting aHANDGUNw/out CPL, the handgun must be in a locked container. A car with a trunk, the trunk is generally able to lock and is therefore concidered a locked container and must be wrapped somehow, does not have to be in a locked case inside the locked trunk. If no trunk then it must be in locked compartment or locked container away from driver so as to not be accessible and ammo is seperate.

Reading into the law or twisting it to be something else is wrong.

Just my opinion as I'm not a lawyer.
 

Venator

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Wglide90 wrote:
Folks,

Here is a summary of what I think we are trying to determine:

1. The clause, "in a case designed for firearms" is refering to everything other than a handgun. So this rule does not apply for handguns.

2. When transporting aHANDGUNw/out CPL, the handgun must be in a locked container. A car with a trunk, the trunk is generally able to lock and is therefore concidered a locked container and must be wrapped somehow, does not have to be in a locked case inside the locked trunk. If no trunk then it must be in locked compartment or locked container away from driver so as to not be accessible and ammo is seperate.

Reading into the law or twisting it to be something else is wrong.

Just my opinion as I'm not a lawyer.
You will have to cite that handguns have to be in a locked container outside of a trunk. I can find no law that specifically addresses a handgun and transport and states if must be in a locked case.

This Law does specifically address pistols:


(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.


OR


(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.
 

DrTodd

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Venator wrote:
Wglide90 wrote:
Folks,

Here is a summary of what I think we are trying to determine:

1. The clause, "in a case designed for firearms" is refering to everything other than a handgun. So this rule does not apply for handguns.

2. When transporting a HANDGUN w/out CPL, the handgun must be in a locked container. A car with a trunk, the trunk is generally able to lock and is therefore concidered a locked container and must be wrapped somehow, does not have to be in a locked case inside the locked trunk. If no trunk then it must be in locked compartment or locked container away from driver so as to not be accessible and ammo is seperate.

Reading into the law or twisting it to be something else is wrong.

Just my opinion as I'm not a lawyer.
You will have to cite that handguns have to be in a locked container outside of a trunk.  I can find no law that specifically addresses a handgun and transport and states if must be in a locked case.

This Law does specifically address pistols:


(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.


OR


(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.

If one chooses to have the pistol in a LOCKED case while in a vehicle w/out a trunk, it DOES help establish, but not prove, that the pistol was "not readily accessible".
 

Wglide90

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It seems I stand corrected about the container needing to be designed for storage of a firearm when refering to a handgun/pistol.

My CPL instructor said that the locked trunk was a legal container for firearms, so this is what I was going on. I'm not sure if a trunk is designed for firearms, so that would be a problem if just tossed in there rapped in a rag. I did not know the law stated a requirement about the design of the container for pistol.

Seems excessive to me.

Would it be legal for someone to make an existing container into a gun case, carry gun init in trunkand be concidered as designed for firearms and therefore legal? That is why I think that particular clause is crazy. What significence is the distinction desinged for firearms storage practically better than something else that works just fine to protect the gun andstoreit?
 

Wglide90

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It seems I stand corrected about the container needing to be designed for storage of a firearm when refering to a handgun/pistol.

My CPL instructor said that the locked trunk was a legal container for firearms, so this is what I was going on. I'm not sure if a trunk is designed for firearms, so that would be a problem if just tossed in there rapped in a rag. I did not know the law stated a requirement about the design of the container for pistol.

Seems excessive to me.

Would it be legal for someone to make an existing container into a gun case, carry gun init in trunkand be concidered as designed for firearms and therefore legal? That is why I think that particular clause is crazy. What significence is the distinction desinged for firearms storage practically better than something else that works just fine to protect the gun andstoreit?
 

lapeer20m

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the law does not seem to define what constitutes "designed" for the storage of firearms actually means. I had a gun sock that was made for a long gun that i shortened to a size better suited for my pistol. I consider that to be a case designed for the storage of firearms. I use it so i can put my pistol in the trunk on my motorcycle (sportbike) becausemy hard pistol case won't fit.

if a person were to modify any container in order to use it to store their pistol, it seems you could argue that it is "designed" for the storage of firearms. Especially if you included a sticker on said storage container that read "this container is designed for the storage of firearms"

The law does not state the container had to be ORIGINALLY designed for the storage of firearms.
 

Wglide90

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Lapeer20,

That is how I figure it as well. As a CPL holder, not that big of a deal anyway.

This brings to mind another question:

As a CPL holder I can posess on my person someone elses legal pistol, what about transporting as the driver of vehicle w/CPL, a buddy's pistol that doesn't have a CPL.

What requirements and restrictions would be in play? Can I transport his pistol in my vehicle loaded and in reach?

Also, with or without him present in vehicle.
 

Venator

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Wglide90 wrote:
Lapeer20,

That is how I figure it as well. As a CPL holder, not that big of a deal anyway.

This brings to mind another question:

As a CPL holder I can posess on my person someone elses legal pistol, what about transporting as the driver of vehicle w/CPL, a buddy's pistol that doesn't have a CPL.

What requirements and restrictions would be in play? Can I transport his pistol in my vehicle loaded and in reach? YES, you treat it as if it was your own.
You answered your own question. They do not have tohave a CPL to loan you their gun, it just has to be a legal gun in Michigan.
 

Venator

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springerdave wrote:
But, if you exit the vehicle for any reason you must still treat the gun as your own and take it with you if the non-CPLer stays in said vehicle, right, Venator?springerdave.
Correct. My brother does not have a CPL. When he is with me I have his handgun loaded in my car. When we stop the car We both get out and I hand him his gun and he puts it in his holster to OC. Reverse it when we get back into the car.

Anyone without a CPL that is in a vehicle with a loaded handgun without someone with a CPL would be in violation.
 
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