imported post
I have two points to make:
First point..... i think it is a bad strategy to open carry on a motorcycle without cpl, however, the law does not specifically prohibit such activity. It is a gray area that has yet to be heard in court. The law also does not say that a pistol in or on a vehicle is somehow magically "concealed" The statue clearly states that it is possible to carry a pistol concealed or otherwise indicating that a pistol is not necessarily concealed just because it is IN a vehicle. (carrying a non-concealed pistol in a vehicle without cpl would be still be illegal)
A pistol that is openly carried on a person who is riding ON a motorcycle would not appear to be prohibited by the statute.
(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
the court did decide in a case involving a felon in possession that he was guilty of violating the above mcl for having a pistol hidden under the seat/gas tank of his motorcycle. His defense is that the pistol was not "in" the motorcycle, the court disagreed.
Second point:
Disclosing to an officer while oc'ing on a motorcycle. A good strategy to keep yourself out of court would be to disclose if stopped while oc'ing on a motorcycle. However, as far as i know this has also never been decided by the courts.
An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show both of the following to a peace officer upon request by that peace officer:
(a) His or her license to carry a concealed pistol.
(b) His or her driver license or Michigan personal identification card.
(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.
Since the pistol is carried open, and not concealed, it would appear that disclosure would not technically not be required according to the mcl. The penalty for not disclosing is no worse than what the szerdzi went through in detroit when he was found not-guilty of failing to disclose that he was openly carrying a pistol.
*edited for grammar and spelling*