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Thread: OC w/o CPL on a boat.

  1. #1
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    Only thing i can find on this is that the gun has to be encased and unloaded while the boat is moving and and still maintains momentum. Which is workable, but very....pointless.

    I found an old thread about it and instead of necro-posting I started a new thread. There was no cite or resolution though.

    I also thought we could add this to the quick reference chart if we could get it resolved.

    Edited for:

    I'm referring to motorized boats, but info on canoes or kayaks, anything really is appreciated.

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    Regular Member WARCHILD's Avatar
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    I had omitted that for the time being. I had found after talking with a dnr ranger from the St. Charles post; there is still some confusion on this point. The law (as he told me he understands it to be) was mainly for hunting of water fowl. As far as carry while pleasure boating/fishing, he was not sure. I will pursue this more when spring gets here and I can get up to the dnr station and follow up on this issue.

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    It seems Florida, for example, defines motor vehicles and watercraft separately. And there for would be treated differently in regards to carry.


    A watercraft, from what I've seen or not seen, is not considered a motor vehicle by definition in the state of MI. It's my opinion that OC is Legal w/o a CPL on a boat. Though i wouldn't suggest anyone take my word alone. It's my understanding the DNR regs. only apply when trying to take game.


    Though there opinion would be appreciated. I'm talking purely during recreation, though Fishing maybe included.

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    Regular Member Taurus850CIA's Avatar
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    Last I heard, this was a pretty sketchy thing to do. My understanding is that DNR policy is not to enforce the law on people who have a loaded handgun AND a CPL, but this is one departments' policy, and does not stop a local authority from enforcing it. Some local departments, and many county departments have marine divisions. That about right, Warchild?
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

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    Homeland Security, Coast Guard , ICE ,DNR-Q , County and if you go Big Waters Other states ,Other Countries And Sovereign land of Indian .??? and More ???

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    Regular Member Taurus850CIA's Avatar
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    Yeah, long list of people I don't necessarily want to test.
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

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    taxwhat wrote:
    Homeland Security, Coast Guard , ICE ,DNR-Q , County and if you go Big Waters Other states ,Other Countries And Sovereign land of Indian .??? and More ???
    Oh did I say WATER inlet of public drinking or Nuclear Power Plant ? [ Shore ]

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    Here is the law in question

    324.40111

    (2) Except as otherwise provided in this part or in a department order authorized under section 40107, a person shall not transport or have in possession a firearm in or upon a vehicle, unless the firearm is unloaded in both barrel and magazine and enclosed in a case, carried in the trunk of a vehicle, or unloaded in a motorized boat.



    A little further about the law is that this section is under the Wildlife Conservation Part and not under the marine part. So one can assume that the intent of the law is related to the taking/attempting to take of wildlife. Open carrying may or may not involve the attempt to take wildlife. With that said, absent a court decision or a law enforcement policy, you may be subject to arrest.

    On more caveat is that this is state law and federal law may have further restrictions if you are in federal navigable waters





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    Regular Member CrossPistols's Avatar
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    I found this Law...

    § 6 Bearing of arms.
    Sec. 6.
    Every person has a right to keep and bear arms for the defense of himself and the state.
    I don't see the words except anywhere in this law

    :celebrate


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    CrossPistols wrote:
    I found this Law...

    § 6 Bearing of arms.
    Sec. 6.
    Every person has a right to keep and bear arms for the defense of himself and the state.
    I don't see the words except anywhere in this law

    :celebrate
    Ok : Are YOU before Rechecking any more ready to Test Case ? :what::what:

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    taxwhat wrote:
    CrossPistols wrote:
    I found this Law...

    § 6 Bearing of arms.
    Sec. 6.
    Every person has a right to keep and bear arms for the defense of himself and the state.
    I don't see the words except anywhere in this law

    :celebrate
    Ok : Are YOU before Rechecking any more ready to Test Case ? :what::what:
    I regret that I only have but one life to give to my State

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    I talked to a Lt. Craig Grey at the DNRE post in Roscommon today. And he said because of michigan law MCL.750.227c. You must have a cpl to open carry in/on a pleasure craft/boat on the lakes in MICHIGAN.

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    Section 750.227c linkable printable





    THE MICHIGAN PENAL CODE (EXCERPT)
    Act 328 of 1931

    750.227c Transporting or possessing loaded firearm in or upon vehicle; violation as misdemeanor; penalty; applicability to person violating MCL 312.10(1)(g).
    Sec. 227c.
    (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means, a firearm, other than a pistol, which is loaded.
    (2) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $2,500.00, or both.
    (3) This section does not apply to a person who violates section 10(1)(g) of chapter II of Act No. 286 of the Public Acts of 1929, as amended, being section 312.10 of the Michigan Compiled Laws.

    History: Add. 1981, Act 103, Eff. Mar. 31, 1982

    © 2009 Legislative Council, State of Michigan

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    Yosemite Sam wrote:
    Section 750.227c linkable printable





    THE MICHIGAN PENAL CODE (EXCERPT)
    Act 328 of 1931

    750.227c Transporting or possessing loaded firearm in or upon vehicle; violation as misdemeanor; penalty; applicability to person violating MCL 312.10(1)(g).
    Sec. 227c.
    (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means, a firearm, other than a pistol, which is loaded.
    (2) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $2,500.00, or both.
    (3) This section does not apply to a person who violates section 10(1)(g) of chapter II of Act No. 286 of the Public Acts of 1929, as amended, being section 312.10 of the Michigan Compiled Laws.

    History: Add. 1981, Act 103, Eff. Mar. 31, 1982

    © 2009 Legislative Council, State of Michigan

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    Yosemite Sam wrote:
    I talked to a Lt. Craig Grey at the DNRE post in Roscommon today. And he said because of michigan law MCL.750.227c. You must have a cpl to open carry in/on a pleasure craft/boat on the lakes in MICHIGAN.
    Why don't you ask him why that MCL clearly says it does not apply to a pistol?

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    If the water nazis (uscg) wont let me carry(let alone possess) a firearm on the boat i work on i sure as hell aint gonna try and carry while i'm on the detroit river!

    And god forbid that you are ocing and you break down and the Canadian coast guard picks you up! I have seen Canadian CG boats towing us boats back to the us side.

    OCing while boating on lake Superor, St.Marys river, Lake Huron, St.Clare river,
    Lake ST.Clare, Detroit river and Lake Erie Could cause a huge cluster if the Canadians get a hold of you, I think you could be breaking international Maritime Law, and Federal law by doing so.



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