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Transport Law

EM87

EM87

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I know non-cpl holding OCers have been harassed by law enforcement for transporting a handgun in their trunk while not on their way to the range, etc.

Is there any case law or amendment to the law yet to say that the transport law is not exclusive?

What I'm trying to figure out is if I OCed a long arm, would I be okay driving somewhere with it, or would I have to walk?

I should really have more knowledge of this, but since I got my CPL I haven't worried about the transport law at all, at least for pistols.
 
Venator

Venator

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EM87 wrote:
I know non-cpl holding OCers have been harassed by law enforcement for transporting a handgun in their trunk while not on their way to the range, etc.

Is there any case law or amendment to the law yet to say that the transport law is not exclusive?

What I'm trying to figure out is if I OCed a long arm, would I be okay driving somewhere with it, or would I have to walk?

I should really have more knowledge of this, but since I got my CPL I haven't worried about the transport law at all, at least for pistols.
Click to expand...

For handguns:
Yes there is one in the house, that is removing the examples of lawful carry. The bill will just say you can transport a handgun for all lawful purposes. Without a CPL it still has to be unloaded in the trunk, etc. But this should make it clear that all lawful purposes are allowed.

Attachment: HB5303-SR-1.pdf (Downloaded 28 times)

You can transport a long gun in a vehicle for all lawful purposes now as long as it's unloaded...trunk, etc.
 
M

mikestilly

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EM87 wrote:
So, loaded on a motorcycle... not legal?
Click to expand...

Unless you have a CPL you cannot have a loaded pistol in a motor vehicle which a motorcycle is.

As far as I understand it you cannot legally have a loaded long gun in a motor vehicle.

Mike
 
Venator

Venator

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EM87 wrote:
So, loaded on a motorcycle... not legal?
Click to expand...

Gray area. MSP says it's lawful as the firearm is in plain site. Others say it's not legal as it's in/on a vehicle. A CPL only applies to handguns.

But this goes back to RAS. If they stop you for the gun then the stop is in my opinion illegal. They wouldn't have RAS to check the weapon to see if it's legal.
 
G

ghostrider

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Venator wrote:
EM87 wrote:
So, loaded on a motorcycle... not legal?
Click to expand...

Gray area. MSP says it's lawful as the firearm is in plain site. Others say it's not legal as it's in/on a vehicle. A CPL only applies to handguns.

But this goes back to RAS. If they stop you for the gun then the stop is in my opinion illegal. They wouldn't have RAS to check the weapon to see if it's legal.
Click to expand...
Yep. They must articulate reasonable suspicion of criminal activity. That means that they can't do it just to confirm that you are legal. They have to suspect criminal activity based on a totality of circumstances generated from that officer's experience. The gun alone is not enough.
 
EM87

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ghostrider wrote:
Yep. They must articulate reasonable suspicion of criminal activity. That means that they can't do it just to confirm that you are legal. They have to suspect criminal activity based on a totality of circumstances generated from that officer's experience. The gun alone is not enough.
Click to expand...

I disagree. Say that long gun OC on a motorcycle is not legal (which it may not be). If the cops stop you for that reason, that would be perfectly legal in my opinion because they saw you doing something illegal so they stopped you.

Thoughts?
 
Venator

Venator

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EM87 wrote:
ghostrider wrote:
Yep. They must articulate reasonable suspicion of criminal activity. That means that they can't do it just to confirm that you are legal. They have to suspect criminal activity based on a totality of circumstances generated from that officer's experience. The gun alone is not enough.
Click to expand...

I disagree. Say that long gun OC on a motorcycle is not legal (which it may not be). If the cops stop you for that reason, that would be perfectly legal in my opinion because they saw you doing something illegal so they stopped you.

Thoughts?
Click to expand...
BUT it is legal to transport a long gun on a motorcycle. You can do so if it's unloaded in a case. A scabbard is a case, therefore you could transport a long gun in a scabbard. They couldn't stop you just to see if the long gun is loaded or not.
 
EM87

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Does the law specify that the gun be affixed to the motorcycle for transport? Does it make a difference in the eyes of the law if a person transports the long gun across their back instead?

And this means that a sling would not be legal.
 
Venator

Venator

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EM87 wrote:
Does the law specify that the gun be affixed to the motorcycle for transport? Does it make a difference in the eyes of the law if a person transports the long gun across their back instead?

And this means that a sling would not be legal.
Click to expand...
You have seen the laws posted, they do not address a motorcycle individually. Your interpretation is as good as ours.
 
SlowDog

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This brings to mind a question I am asked all the time. Can the DNR pull someone over and search the vehicle with out warrant siting RAS that if they are carrying a loaded weapon they might be poaching or road hunting. Now I know this is illegal but the DNR are infamous for such tactics. I once had my freezer raided for game meat check without a warrant while I was at work. My wife was told they could search for game at will in the house. Go figure huh......Just Saying....
 
T

T Vance

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SlowDog wrote:
This brings to mind a question I am asked all the time. Can the DNR pull someone over and search the vehicle with out warrant siting RAS that if they are carrying a loaded weapon they might be poaching or road hunting. Now I know this is illegal but the DNR are infamous for such tactics. I once had my freezer raided for game meat check without a warrant while I was at work. My wife was told they could search for game at will in the house. Go figure huh......Just Saying....
Click to expand...
WARRANT, WARRANT, WARRANT!!!
 
M

mikestilly

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SlowDog wrote:
This brings to mind a question I am asked all the time. Can the DNR pull someone over and search the vehicle with out warrant siting RAS that if they are carrying a loaded weapon they might be poaching or road hunting. Now I know this is illegal but the DNR are infamous for such tactics. I once had my freezer raided for game meat check without a warrant while I was at work. My wife was told they could search for game at will in the house. Go figure huh......Just Saying....
Click to expand...

They cant pull you over for no RS of a crime. Having a pistol or a rifle doesnt mean you're a poacher or doing anything illegal outside of transporting a pistol or a rifle. If they saw you shooting and creating extra road kill thats another thing.
 
C

conservative85

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:Dmikestilly wrote:
SlowDog wrote:
This brings to mind a question I am asked all the time. Can the DNR pull someone over and search the vehicle with out warrant siting RAS that if they are carrying a loaded weapon they might be poaching or road hunting. Now I know this is illegal but the DNR are infamous for such tactics. I once had my freezer raided for game meat check without a warrant while I was at work. My wife was told they could search for game at will in the house. Go figure huh......Just Saying....
Click to expand...

They cant pull you over for no RS of a crime. Having a pistol or a rifle doesnt mean you're a poacher or doing anything illegal outside of transporting a pistol or a rifle. If they saw you shooting and creating extra road kill thats another thing.
Click to expand...
No matter what your told the DNR has no more power to violate the 4th amendment or any other Amendment/law than any other law enforcement agency.

They may have a different scope of authority but they still need PC, RAS, & a WARRANT!:D
 
Venator

Venator

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SlowDog wrote:
This brings to mind a question I am asked all the time. Can the DNR pull someone over and search the vehicle with out warrant siting RAS that if they are carrying a loaded weapon they might be poaching or road hunting. Now I know this is illegal but the DNR are infamous for such tactics. I once had my freezer raided for game meat check without a warrant while I was at work. My wife was told they could search for game at will in the house. Go figure huh......Just Saying....
Click to expand...
I fear your wife gave permission unwittingly after perhaps being lied to by the CO.
 
Venator

Venator

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EM87 wrote:
Venator wrote:
You can transport a long gun in a vehicle for all lawful purposes now as long as it's unloaded...trunk, etc.
Click to expand...

Where can I find information on this?
Click to expand...
This only applies to transporting it in a vehicle. On foot is another matter. The thought is that a loaded long gun carried while on foot is lawful as long as it's not concealed.



750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; conditions; violation as misdemeanor; penalty.
Sec. 227d.
(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:
(a) Taken down.
(b) Enclosed in a case.
(c) Carried in the trunk of the vehicle.
(d) Inaccessible from the interior of the vehicle.
(2) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.
History: Add. 1981, Act 103, Eff. Mar. 31, 1982
© 2007 Legislative Council, State of Michigan
 
EM87

EM87

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I'll OC my new-to-me Mosin-Nagant 91/30 to the next OC picnic we have! I've seen the applicable law regarding the carry of a long gun and I see nothing that prohibits it. Of course I'll make sure to get a small game license just to cover my bases. (And a deer license if it's deer season.)

I doubt a picnic would be any fun in the cold though... might have to wait 'til the spring.
 
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