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Thread: Carry an loaded shotgun in your car legal with CPL?

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    Regular Member LaVere's Avatar
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    I was reading on another site a question about carring a loaded shot gun in you car within reach.The other site was referencing Texas not Michigan. Would a person with a CPL be allowed to carry a shotgun in their car legally. I understand there might be hunting DNR rules but if you were clearly NOT hunting. Say in an urbanarea.


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    No as it is not a pistol. A CPL only covers pistols. However, if it was one with a pistol grip and registered as a pistol, then a CPL would cover it.

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    Regular Member autosurgeon's Avatar
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    I have a Mossberg 500 with a pistol grip that is registered as a pistol and yes it can be carried under the authority of a CPL. SO yes loaded in the car would be legal.
    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 autosurgeon's Avatar
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    Just a note the overall length must be under 30 inches for a shotgun to be registered as a pistol... The barrel must be at least 18 inches long as well.
    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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    Someone on here also has an AK-47 that is under 30 inches and is registered as a pistol, therefore he may carry it loaded in his vehicle because he has his CPL.

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    Regular Member Michigander's Avatar
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    Just to make sure it's completely clear. 26"-30" shotgun with an 18"+ barrel is a Michigan pistol. More difficult to get but still completely legal, and also a Michigan pistol, is a NFA registered AOW shotgun, like a Serbu Super Shorty.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

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    Regular Member autosurgeon's Avatar
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    Michigander wrote:
    Just to make sure it's completely clear. 26"-30" shotgun with an 18"+ barrel is a Michigan pistol. More difficult to get but still completely legal, and also a Michigan pistol, is a NFA registered AOW shotgun, like a Serbu Super Shorty.
    Correct!
    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 Michigander's Avatar
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    I recently decided I want to be able to carry my shotgun this way, so I ordered a folding stock.Now the only thing I need to do is figure out a nice and secure vehicular mounting system.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Michigander wrote:
    Just to make sure it's completely clear. 26"-30" shotgun with an 18"+ barrel is a Michigan pistol. More difficult to get but still completely legal, and also a Michigan pistol, is a NFA registered AOW shotgun, like a Serbu Super Shorty.
    Quite confusing. i was looking at a Coharie SP89 HK MP5 clone. These are registered as a pistol as well are they considered a AOW? I've always been peeved we cant register SBR's in Michigan unless it's a C&R but I guess this is the next best thing.

    This:
    http://www.gunbroker.com/Auction/Vie...Item=141876276

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    Regular Member Michigander's Avatar
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    The next best thing is actually a registered full auto, since you can have any length of barrel on it that you want.

    Only trouble is what it would cost.

    I believe it would be an AOW if the front pistol grip was attached. Otherwise it wouldn't be.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

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    Activist Member hamaneggs's Avatar
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    Michigander wrote:
    Just to make sure it's completely clear. 26"-30" shotgun with an 18"+ barrel is a Michigan pistol. More difficult to get but still completely legal, and also a Michigan pistol, is a NFA registered AOW shotgun, like a Serbu Super Shorty.
    We have to keep an eye on the legislature here.The house has already passed a bill to lower the definition of a pistol from 30' to 26'.I do not remember the bill # but it has happened already.

    I found em. HB5037 & HB5038.Keep an eye out and contact your Rep's!
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    Regular Member Michigander's Avatar
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    http://www.michiganvotes.org/2009-HB-5038

    Introduced by Rep. Kate Ebli (D) on June 3, 2009, to establish that if the definition of “pistol” is revised as proposed by House Bill 5037 so that it applies to a firearm less than 26 inches long, rather than 30 inches, then those with a firearm that falls in that gap would still be allowed to possess, carry or transport the firearm as a pistol.


    I suppose that makes my 870 grand fathered if this passes.


    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

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    Michigander wrote:
    http://www.michiganvotes.org/2009-HB-5038

    Introduced by Rep. Kate Ebli (D) on June 3, 2009, to establish that if the definition of “pistol” is revised as proposed by House Bill 5037 so that it applies to a firearm less than 26 inches long, rather than 30 inches, then those with a firearm that falls in that gap would still be allowed to possess, carry or transport the firearm as a pistol.


    I suppose that makes my 870 grand fathered if this passes.
    That stuff is always confusing. So does that mean that you can no longer legally purchase a pistol over 26"? Or do all pistols +26" produced before the date grandfathered?

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    Regular Member Michigander's Avatar
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    I'm looking at the text of 5037, and I see no grandfather clause. Appears that it just changes the definition, and all the fools like myself who registered long guns would be left with the MSP knowing about them for no reason. At least that's my take on it, I could be wrong.

    If it passes, the higher power options will simply be AOW shotguns and rifle caliber pistols. It would work for me, because I could use an excuse to build an AMD kit pistol.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Regular Member Michigander's Avatar
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    Here are both Bills in their entirety. I guess the question is if the part I bolded in 5038 trumps 5037.






    [size=HOUSE BILL No. 5037]

    June 3, 2009, Introduced by Rep. Geiss and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

    A bill to amend 1961 PA 236, entitled

    "Revised judicature act of 1961,"

    by amending section 2951 (MCL 600.2951), as added by 1982 PA 186.

    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

    Sec. 2951. (1) As used in this section:

    (a) "Approved signaling device" means a pistol which that is a

    signaling device approved by the United States coast guard pursuant

    to under regulations issued under section 4488 of the Revised

    Statutes of the United States, 46 U.S.C. 481, 46 USC 3306 or under

    section 5 of the federal boat safety act of 1971, Public Law 92-75,

    46 U.S.C. 1454 46 USC 4302, or predecessor statutes, and including,

    but not limited to, 46 CFR parts 160 and 161.

    (b) "Pistol" means a firearm, loaded or unloaded, 30 26 inches

    or less in length, or any firearm, loaded or unloaded, which that

    by its construction and appearance conceals it as a firearm.

    (2) A person who uses an approved signaling device shall be

    strictly liable for any damages caused to person or property by

    that use unless the person reasonably believes that its use is

    necessary for the safety of himself or herself or of another person

    on the waters of this state or in an aircraft. emergency situation.

    Enacting section 1. This amendatory act takes effect January


    [size=HOUSE BILL No. 5038]
    June 3, 2009, Introduced by Rep. Ebli and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

    A bill to amend 1927 PA 372, entitled

    "An act to regulate and license the selling, purchasing,
    possessing, and carrying of certain firearms and gas ejecting
    devices; to prohibit the buying, selling, or carrying of certain
    firearms and gas ejecting devices without a license or other
    authorization; to provide for the forfeiture of firearms under
    certain circumstances; to provide for penalties and remedies; to
    provide immunity from civil liability under certain circumstances;
    to prescribe the powers and duties of certain state and local
    agencies; to prohibit certain conduct against individuals who apply
    for or receive a license to carry a concealed pistol; to make
    appropriations; to prescribe certain conditions for the
    appropriations; and to repeal all acts and parts of acts
    inconsistent with this act,"

    (MCL 28.421 to 28.435) by adding section 3.

    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

    Sec. 3. A person who, before January 1, 2010, lawfully owned,

    possessed, carried, or transported a firearm with a barrel length

    of 30 inches or less as a pistol pursuant to a license issued under

    section 2 or 5b or pursuant to an exemption under section 2 or 5b

    may continue to lawfully own, possess, carry, or transport that

    firearm as a pistol after January 1, 2010 pursuant to that license

    or any renewal of that license or pursuant to that exemption.


    Enacting section 1. This amendatory act takes effect January

    1, 2010.

    Enacting section 2. This amendatory act does not take effect

    unless all of the following bills of the 95th Legislature are

    enacted into law:

    (a) House Bill No. 4501.

    (b) House Bill No. 4502.

    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Regular Member autosurgeon's Avatar
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    Michigander wrote:
    Here are both Bills in their entirety. I guess the question is if the part I bolded in 5038 trumps 5037.





    I think yes as the HB 5038 is the newer bill and really is an upgrade from the first bill as presented. I believe that 5038 is the one that actually has been passed in the house.
    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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