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From out of state

ffemt1079

Regular Member
Joined
Feb 22, 2010
Messages
92
Location
West Allis, Wisconsin, USA
imported post

I'm from out of state but vacation in the UP every summer as my family has property there. Does MI require a permit for open carry? Also, just so I know for sure, I will be getting a non resident CCW permit from PA. That will not be recognized by MI since I am not a PA resident?
 

autosurgeon

Regular Member
Joined
Sep 29, 2008
Messages
3,831
Location
Lawrence, Michigan, United States
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What state are you from? I suspect Wisconsin... if that is the case then you cannot OC in MI because Wisconsin does not provide a pistol registration and in MI you must have a pistol registered to you or a Resident CPL or it's equivalent in order to even have the pistol in the state.
 

DanM

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Joined
Jul 11, 2008
Messages
1,928
Location
West Bloomfield, Michigan, USA
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ffemt1079 wrote:
Yes, I'm from Wisconsin. I guess I'll just have to stay on our properties with my sidearm.

Does the following apply to you?

MCL 28.422 License to purchase, carry, possess, or transport pistol . . .


(8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following
conditions apply:
(a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
(b) The individual is in possession of the license described in subdivision (a). . . .

 

lil_freak_66

Regular Member
Joined
Sep 8, 2008
Messages
1,799
Location
Mason, Michigan
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autosurgeon wrote:
What state are you from? I suspect Wisconsin... if that is the case then you cannot OC in MI because Wisconsin does not provide a pistol registration and in MI you must have a pistol registered to you or a Resident CPL or it's equivalent in order to even have the pistol in the state.
if he is getting a non resident PA permit,wouldnt that be considered equivalent to a resident permit for this purpose?
 

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
imported post

28.432 Inapplicability of MCL 28.422; citation as “Janet Kukuk act”.
Sec. 12.

(1) Section 2 does not apply to any of the following:

(a) A police or correctional agency of the United States or of this state or any subdivision of this state.

(b) The United States army, air force, navy, or marine corps.

(c) An organization authorized by law to purchase or receive weapons from the United States or from this state.

(d) The national guard, armed forces reserves, or other duly authorized military organization.

(e) A member of an entity or organization described in subdivisions (a) through (d) for a pistol while engaged in the course of his or her duties with that entity or while going to or returning from those duties.

(f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.

(g) The regular and ordinary transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer.

(h) Purchasing, owning, carrying, possessing, using, or transporting an antique firearm. As used in this subdivision, "antique firearm" means that term as defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

(i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.

(2) The amendatory act that added subsection (1)(h) shall be known and may be cited as the "Janet Kukuk act".




History: 1927, Act 372, Eff. Sept. 5, 1927 ;-- CL 1929, 16761 ;-- CL 1948, 28.432 ;-- Am. 1964, Act 216, Eff. Aug. 28, 1964 ;-- Am. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2004, Act 99, Imd. Eff. May 13, 2004 ;-- Am. 2006, Act 75, Eff. July 1, 2006 ;-- Am. 2008, Act 195, Eff. Jan. 7, 2009

 

autosurgeon

Regular Member
Joined
Sep 29, 2008
Messages
3,831
Location
Lawrence, Michigan, United States
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So springer you feel that a person can OC in MI with a permit to carry from any state even if they are not a resident of the issuing state?

I am not being smart just wondering if that is your take on what you posted?
 

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
imported post

autosurgeon wrote:
So springer you feel that a person can OC in MI with a permit to carry from any state even if they are not a resident of the issuing state?

I am not being smart just wondering if that is your take on what you posted?

DanM posted the pertinent part of 28.422 (Section 2) that applies to non-residents of Michigan where a license is required to purchase handguns: e.g. FOID or LTP.

(8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following conditions apply:

(a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.

(b) The individual is in possession of the license described in subdivision (a).

(c) The individual is the owner of the pistol he or she possesses, carries, or transports.

(d) The individual possesses the pistol for a lawful purpose as that term is defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

(e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.

Unfortunately, this Section (8) does not apply to Wisconsin residents. Therefore, the only way, if any, that a person from Wisconsin can OC in Michigan is to: From Section 12 (28.432)

(f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.

Subdivision (f) does not specify a license/permit from state of residence.
 

autosurgeon

Regular Member
Joined
Sep 29, 2008
Messages
3,831
Location
Lawrence, Michigan, United States
imported post

That is interesting.... what I get from it is a Wisconsin resident could OC with a PA CPL but could not conceal as the MI CPL law does not recognize non resident permits... hmmm very interesting.
 

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
imported post

autosurgeon wrote:
That is interesting.... what I get from it is a Wisconsin resident could OC with a PA CPL but could not conceal as the MI CPL law does not recognize non resident permits... hmmm very interesting.
That's the way I understand it. 750.231a still applies where the non-resident must have a license/permit from their home state to CC on foot or in a vehicle in Michigan.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

autosurgeon wrote:
So springer you feel that a person can OC in MI with a permit to carry from any state even if they are not a resident of the issuing state?

I am not being smart just wondering if that is your take on what you posted?
This seems to be the case. This was discussed ad nasueum some time back. If a non-resident has a CPL from a state other than their own they can possess a handgun in Michigan, they just can't conceal it.
 

myusername

Regular Member
Joined
Sep 25, 2009
Messages
18
Location
Michigan, ,
imported post

Interesting, and section (b) seems to indicate that they would also be under different ID rules as well, meaning they would have to carry their permit with them in order to fulfill the requirements of the ordinance?

So 28.432 allows for possession/transport but only with a FOID, or non-resident CPL in the case of a WI resident where there is no registration law - and by extension, that would allow for Open Carry, because it would be under MI law a legally possessed firearm used in a lawful way, while in the CPL statute, reciprocity guidelines would not allow Concealment with non-resident permit, interesting...
 

Yooper

Regular Member
Joined
Aug 14, 2008
Messages
800
Location
Houghton County, Michigan, USA
imported post

Anyone tried contacting their pro-gun rep/senator and have them ask the AG for an official opinion? Both of mine are "pro"-gun Democrats, and while they won't vote for any restrictions, they probably wouldn't help by doing such a thing either.
 
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