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CPL Holders

C

conservative85

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I have a question, Lets say tonight I went to a friends house, had a few drinks, then I had to drive home. What to do? I was not drunk but I had a few so I removed the firearm from it's holster and placed it in my wife's possession. She has a CPL also so if I were pulled over, would I have to disclose? Would she have to disclose since she was not pulled over? I'd like to see feed back with opinion, and fact.
 
eastmeyers

eastmeyers

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How I see it, if you are pulled over (have anysort of police interaction where a legal terry stop has begun) than you have to disclose weather or not you are carrying. I could be wrong but that is how I have read it. This is only for CPL holders though.



God Bless
 
Yooper

Yooper

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eastmeyers wrote:
How I see it, if you are pulled over (have anysort of police interaction where a legal terry stop has begun) than you have to disclose weather or not you are carrying. I could be wrong but that is how I have read it. This is only for CPL holders though.



God Bless
Click to expand...
There is NO requirement to disclose if you are not carrying. So, he would not have to disclose if he wasn't carrying. A passenger? Not sure
 
Z

zigziggityzoo

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Yooper wrote:
eastmeyers wrote:
How I see it, if you are pulled over (have anysort of police interaction where a legal terry stop has begun) than you have to disclose weather or not you are carrying.  I could be wrong but that is how I have read it.  This is only for CPL holders though.

 

God Bless
Click to expand...
There is NO requirement to disclose if you are not carrying.  So, he would not have to disclose if he wasn't carrying.  A passenger?  Not sure
Click to expand...

There are some court cases that have shown ALL passengers in a stopped vehicle to be considered stopped during a traffic stop.

In this interpretation, she must disclose.

If you're not carrying, you do not have to disclose.
 
T

T Vance

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IF you are a passenger and carrying, it is suggested that you disclose.

Since your wife would be carrying your firearm, she would have to disclose, and not you (as long as you weren't carrying).
 
EM87

EM87

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T Vance wrote:
IF you are a passenger and carrying, it is suggested that you disclose.
Click to expand...

I don't have a link, but as ZZZ said, SCOTUS has ruled that when a vehicle is stopped, all occupants of the vehicle are being stopped. It's not just suggested, it's mandatory to disclose. If you are a passenger and don't disclose, you could be cited for failure to disclose just as if you were the driver.
 
SpringerXDacp

SpringerXDacp

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conservative85 wrote:
I have a question, Lets say tonight I went to a friends house, had a few drinks, then I had to drive home. What to do? I was not drunk but I had a few so I removed the firearm from it's holster and placed it in my wife's possession. She has a CPL also so if I were pulled over, would I have to disclose? Would she have to disclose since she was not pulled over? I'd like to see feed back with opinion, and fact.
Click to expand...

Conservative85 read this (28.425k) in case this happens when out and about alone.

http://www.legislature.mi.gov/(S(mree1v45vdmgeizx2rpfsl45))/mileg.aspx?page=getobject&objectName=mcl-28-425k
 
C

conservative85

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SpringerXDacp wrote:
conservative85 wrote:
I have a question, Lets say tonight I went to a friends house, had a few drinks, then I had to drive home. What to do? I was not drunk but I had a few so I removed the firearm from it's holster and placed it in my wife's possession. She has a CPL also so if I were pulled over, would I have to disclose? Would she have to disclose since she was not pulled over? I'd like to see feed back with opinion, and fact.
Click to expand...

Conservative85 read this (28.425k) in case this happens when out and about alone.

http://www.legislature.mi.gov/(S(mree1v45vdmgeizx2rpfsl45))/mileg.aspx?page=getobject&objectName=mcl-28-425k
Click to expand...
Thanks tho I have Seen it before. That is why I am asking for a debate. I want to know if I put the firearm in another CPL holders possesion, Am I no longer concealing the firearm?, whether I disclose or they disclose is not really the issue. The issue is could a person still be considered carrying a concealed firearm under the influence, or does the firearm still have to be placed in a locked case? What determines who is the concealer. where the firearm is?, who's firearm it is? or who says that they are the one carry it?
 
SpringerXDacp

SpringerXDacp

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conservative85 wrote:
SpringerXDacp wrote:
conservative85 wrote:
I have a question, Lets say tonight I went to a friends house, had a few drinks, then I had to drive home. What to do? I was not drunk but I had a few so I removed the firearm from it's holster and placed it in my wife's possession. She has a CPL also so if I were pulled over, would I have to disclose? Would she have to disclose since she was not pulled over? I'd like to see feed back with opinion, and fact.
Click to expand...

Conservative85 read this (28.425k) in case this happens when out and about alone.

http://www.legislature.mi.gov/(S(mree1v45vdmgeizx2rpfsl45))/mileg.aspx?page=getobject&objectName=mcl-28-425k
Click to expand...
Thanks tho I have Seen it before. That is why I am asking for a debate. I want to know if I put the firearm in another CPL holders possesion, Am I no longer concealing the firearm?, whether I disclose or they disclose is not really the issue. The issue is could a person still be considered carrying a concealed firearm under the influence, or does the firearm still have to be placed in a locked case? What determines who is the concealer. where the firearm is?, who's firearm it is? or who says that they are the one carry it?
Click to expand...

IMO, if the other CPL holder in your vehicle has possession (on his or her person)of the pistol, I don't see where you would be in violation of Section 5k.

For persons loaning a pistol to a CPL holder, See Subsection (H):

http://www.legislature.mi.gov/(S(0su2f53jdrv4h045mlrapt45))/mileg.aspx?page=GetObject&objectname=mcl-28-432

In the past, I've offered to carry a pistol toOC events for non-CPL holders without fret of any violations. Of course, none of them were drinking, but the law (loaning pistol) would be the same.
 
EM87

EM87

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Here's another question (and something I've done):

Could a CPL holder have a non-CPL holding passenger put their gun in the glovebox and when pulled over, say that the CPL holding driver was carrying it under the authority of his CPL?

On the other hand, if I'm a CPL holding passenger riding with my non-CPL holding girlfriend, and I have the gun on the floor between my feet but not attached to me, could I claim to be in possession of the 'concealed' weapon, or would she get charged with a felony for having a gun if she got pulled over?
 
Venator

Venator

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EM87 wrote:
Here's another question (and something I've done):

Could a CPL holder have a non-CPL holding passenger put their gun in the glovebox and when pulled over, say that the CPL holding driver was carrying it under the authority of his CPL?

On the other hand, if I'm a CPL holding passenger riding with my non-CPL holding girlfriend, and I have the gun on the floor between my feet but not attached to me, could I claim to be in possession of the 'concealed' weapon, or would she get charged with a felony for having a gun if she got pulled over?
Click to expand...
I think you can do that. I have transported loaded firearms under my CPL for Non CPL holders when they are in my car.
 
SpringerXDacp

SpringerXDacp

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EM87 wrote:
Here's another question (and something I've done):

Could a CPL holder have a non-CPL holding passenger put their gun in the glovebox and when pulled over, say that the CPL holding driver was carrying it under the authority of his CPL?

On the other hand, if I'm a CPL holding passenger riding with my non-CPL holding girlfriend, and I have the gun on the floor between my feet but not attached to me, could I claim to be in possession of the 'concealed' weapon, or would she get charged with a felony for having a gun if she got pulled over?
Click to expand...

I would strongly suggest not doing this EM87.

I would not place the pistol in the glovebox or center console while the non-CPL party is sitting in the passenger seat. An argument can be made that the non-CPL party has access to the pistol with the glovebox directly in front of him or her. The same could apply to the center console as well. The best thing to do is carry the pistol on your person either in a holster or mexican carry. Other than that, go into lawful transport mode with it to be safe-best to error on the side of caution.
 
S

springerdave

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Northern lower & Keweenaw area, Michigan, USA
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If you think that you, as a passenger, are not being detained when the driver is pulled over, just get out of the vehicle and see how far you get before you are "really" detained. I'm guessing not far. One time that we were stopped when my wife was driving my car, I had two loaded and holstered handguns on the front passenger floor near my feet. Didn't say anything to the officer, but in hind site I think it would have been correct to do so. I also think that if I had opened the door and started to walk away from the car, things could/would have went south. Just sayin'.springerdave.
 
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