Page 1 of 2 12 LastLast
Results 1 to 25 of 33

Thread: Porkies

  1. #1
    Regular Member
    Join Date
    Apr 2010
    Location
    Central Wisconsin, ,
    Posts
    11

    Post imported post

    I am thinking about a backpacking/camping trip in the Porkies for like 3 days this summer. Is it ok to open carry in the park?



    Thanks

    Nimmer

  2. #2
    Regular Member
    Join Date
    Feb 2010
    Location
    Northern, Michigan, USA
    Posts
    51

    Post imported post

    Nimmer, do you havea CPL?These are thestatutes that I could find to help answer your question.

    http://www.legislature.mi.gov/(S(sdx...me=mcl-324-504

    http://www.legislature.mi.gov/(S(juk...=mcl-324-43510



  3. #3
    Regular Member
    Join Date
    Dec 2006
    Location
    Livingston Co., Michigan, , USA
    Posts
    275

    Post imported post

    Interesting question... Yes open carry is legal in the Porkies.

    But knowing the tendency for people here to dig into technicalities. I know putting a gun in a backpack is concealed but what about at night when you take it into a tent?

    How does the law see a tent? Is it like a house or like a jacket? Why isn't a backpack like the trunk on a car?

  4. #4
    Banned
    Join Date
    Dec 2009
    Location
    Davisburg, Michigan, United States
    Posts
    8,948

    Post imported post

    I had a similar question. Can I carry my gun around in the same locked gun case that I use to store it in while it is in my car? Or would that be considered concealed?

  5. #5
    Regular Member
    Join Date
    Apr 2010
    Location
    Central Wisconsin, ,
    Posts
    11

    Post imported post

    So it would be a good idea to call ahead to see what the parameters actually are in the Porkies.I have been there before in the winter doing National Ski Patrol but never carried while working there in the winter.I know a few people involved with the park and think I will call.

    I would open carry a side arm only but those DNR statutes are interesting and also the aspect of having the sidearm in the tents gives cause for concern. I appreciate the input and would like more though.


    No I dont have a CPL as I am from Wisconsin


    Thanks

    Nimmer


  6. #6
    Regular Member
    Join Date
    Mar 2009
    Location
    Not on this website, USA
    Posts
    2,482

    Post imported post

    .
    Last edited by T Vance; 09-18-2010 at 11:44 PM.

  7. #7
    Banned
    Join Date
    Dec 2009
    Location
    Davisburg, Michigan, United States
    Posts
    8,948

    Post imported post

    WTF? he cant even OC?

    He doesnt have to provide ID, CPL, or answer their questions...

  8. #8
    Regular Member autosurgeon's Avatar
    Join Date
    Sep 2008
    Location
    Lawrence, Michigan, United States
    Posts
    3,845

    Post imported post

    T Vance wrote:
    Nimmer wrote:
    So it would be a good idea to call ahead to see what the parameters actually are in the Porkies.I have been there before in the winter doing National Ski Patrol but never carried while working there in the winter.I know a few people involved with the park and think I will call.

    I would open carry a side arm only but those DNR statutes are interesting and also the aspect of having the sidearm in the tents gives cause for concern. I appreciate the input and would like more though.


    No I dont have a CPL as I am from Wisconsin


    Thanks

    Nimmer
    So you are not a Michigan resident? Since Wisconson denies the "right" to get a CPL (or whatever your state might/would call it), then you cannot carry in Michigan.

    http://www.handgunlaw.us/documents/USReciprocity.pdf
    If he had a CPL from another state while he would not be able to CC he would be able to OC. Legally.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  9. #9
    Regular Member
    Join Date
    Apr 2010
    Location
    Central Wisconsin, ,
    Posts
    11

    Post imported post

    Well that makes my day wtf. I am going to call my cousin as he is a retired MI state trooper and see what he says.I have opened carried in the U.P. before I guess I am a criminal:shock:

  10. #10
    Regular Member
    Join Date
    May 2006
    Location
    Burton, Michigan
    Posts
    3,361

    Post imported post

    autosurgeon wrote:
    T Vance wrote:
    Nimmer wrote:
    So it would be a good idea to call ahead to see what the parameters actually are in the Porkies.I have been there before in the winter doing National Ski Patrol but never carried while working there in the winter.I know a few people involved with the park and think I will call.

    I would open carry a side arm only but those DNR statutes are interesting and also the aspect of having the sidearm in the tents gives cause for concern. I appreciate the input and would like more though.


    No I dont have a CPL as I am from Wisconsin


    Thanks

    Nimmer
    So you are not a Michigan resident? Since Wisconson denies the "right" to get a CPL (or whatever your state might/would call it), then you cannot carry in Michigan.

    http://www.handgunlaw.us/documents/USReciprocity.pdf
    If he had a CPL from another state while he would not be able to CC he would be able to OC. Legally.
    Unfortunately, I don't think this still applies.

    Before, a validargument could be made due to the Rules of Statutory Construction where: Per 28.432

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

    Rules of Statutory Construction came into play because an amendment to 28.422 was effective one day before an amendment to 28.432.

    Recently, there was an amendment to 28.422 (Public Act 20) that was immediately effective March 25, 2010.

    Public Act 20 of 2010 – Personal Protect Orders, Effective March 25, 2010
    HB 4221 (Ebli) Civil procedure; personal protection orders; reference to personal protection order section of the revised judicature act in the concealed weapons act; revise to reflect renumbering of subsections. Amends sec. 2 of 1927 PA 372 (MCL 28.422).

    IANAL and now non-residents of Michigan who are not 28.422, Subsection (8) compliant will not be able to possess a pistol in Michigan. This means those who do not have a license/permit from their state of residence or a registered pistol.

    ETA: In My Opinion





  11. #11
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,445

    Post imported post

    Nimmer wrote:
    Well that makes my day wtf. I am going to call my cousin as he is a retired MI state trooper and see what he says.I have opened carried in the U.P. before I guess I am a criminal:shock:

    If you have a license (registration) for your handgun, or you have a CPL from any state you can possess a handgun in Michigan. But Wisconsin doesn't have handgun registration nor do they have CPLs so unless you have a CPL from another state you are breaking MI law if you possess a handgun in our state.

    This needs to be challenged as unconstitutional, but as of yet no one has.


    You can ask your retired MSP friend, but I bet he isn't aware of the current changes in the laws. I may be wrong, but many LEO's are unaware of some aspect of firearm laws.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  12. #12
    Regular Member
    Join Date
    May 2006
    Location
    Burton, Michigan
    Posts
    3,361

    Post imported post

    Brian, did you see my post above yours?

  13. #13
    Regular Member Michigander's Avatar
    Join Date
    Aug 2007
    Location
    Mulligan's Valley
    Posts
    4,830

    Post imported post

    If I was a Wisconsin resident visiting a Michigan forest, I'd carry a 30" plus shotgun. :?
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

  14. #14
    Regular Member Yooper's Avatar
    Join Date
    Aug 2008
    Location
    Houghton County, Michigan, USA
    Posts
    808

    Post imported post

    My friend had the State Police return an unregistered handgun to him.....if that says anything about the State Police up here.
    Rand Paul 2016

  15. #15
    Banned
    Join Date
    Dec 2009
    Location
    Davisburg, Michigan, United States
    Posts
    8,948

    Post imported post

    Would it be legal for him to register the pistol in Michigan, even though he isnt a resident?

    Disclaimer: I personally do not beleive in registration, but it is what it is.

  16. #16
    Regular Member Yooper's Avatar
    Join Date
    Aug 2008
    Location
    Houghton County, Michigan, USA
    Posts
    808

    Post imported post

    stainless1911 wrote:
    Would it be legal for him to register the pistol in Michigan, even though he isnt a resident?

    Disclaimer: I personally do not beleive in registration, but it is what it is.
    no
    Rand Paul 2016

  17. #17
    Regular Member Yooper's Avatar
    Join Date
    Aug 2008
    Location
    Houghton County, Michigan, USA
    Posts
    808

    Post imported post

    Maybe this summer my kids, wife, and I will make the 1 1/2hr trip to the Porkies. They've never been there, and I haven't been there in years.
    Rand Paul 2016

  18. #18
    Regular Member lil_freak_66's Avatar
    Join Date
    Sep 2008
    Location
    Mason, Michigan
    Posts
    1,811

    Post imported post

    long arm carry(remember it has to be over 30 inches long to be a long arm in this state,rather than the federal standard of 26)

    might not be the smartest thing to do in town(though legal),in the woods would be fine.but in the UP your probably more likely to get hassled by a bear than a yooper anyways,i know ive at least had more negative encounters with bears than yoopers.
    not a lawyer, dont take anything i say as legal advice.


  19. #19
    Regular Member
    Join Date
    Aug 2008
    Location
    Montague, Michigan, USA
    Posts
    100

    Post imported post

    lil_freak_66 wrote:
    long arm carry(remember it has to be over 30 inches long to be a long arm in this state,rather than the federal standard of 26)

    might not be the smartest thing to do in town(though legal),in the woods would be fine.but in the UP your probably more likely to get hassled by a bear than a yooper anyways,i know ive at least had more negative encounters with bears than yoopers.
    So what kind of holster do you use to long arm carry? If it is in a case it would be concealed, if in nothing it would be brandishing.

  20. #20
    Regular Member autosurgeon's Avatar
    Join Date
    Sep 2008
    Location
    Lawrence, Michigan, United States
    Posts
    3,845

    Post imported post

    SIGfreed wrote:
    lil_freak_66 wrote:
    long arm carry(remember it has to be over 30 inches long to be a long arm in this state,rather than the federal standard of 26)

    might not be the smartest thing to do in town(though legal),in the woods would be fine.but in the UP your probably more likely to get hassled by a bear than a yooper anyways,i know ive at least had more negative encounters with bears than yoopers.
    So what kind of holster do you use to long arm carry? If it is in a case it would be concealed, if in nothing it would be brandishing.
    How is a slung firearm brandishing?

    If you are basing that on the AG opinion on holstered pistol carry you need to understand that all that does is define holstered pistol carry as NOT brandishing. It says nothing about slung longarm carry.

    It also quotes the dictionary definition as there is no definition in the law and no court definition.

    1. To wave or flourish (a weapon, for example) menacingly.2. To display ostentatiously. See Synonyms at flourish.n. A menacing or defiant wave or flourish.

    A slung longarm in no way meets the above definition as if it did no hunter would be able to carry a rifle in the field. I would also contend that a long arm carried in the hands barrel pointed down is not being brandished either.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  21. #21
    Regular Member
    Join Date
    May 2008
    Location
    Northern lower & Keweenaw area, Michigan, USA
    Posts
    667

    Post imported post

    lil_freak_66 wrote:
    long arm carry(remember it has to be over 30 inches long to be a long arm in this state,rather than the federal standard of 26)

    might not be the smartest thing to do in town(though legal),in the woods would be fine.but in the UP your probably more likely to get hassled by a bear than a yooper anyways,i know ive at least had more negative encounters with bears than yoopers.
    Not the Yoopers or the bears in the Porkies, it's the camera-toting-yuppie-libs that will try to give you guff.springerdave.

  22. #22
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,445

    Post imported post

    SpringerXDacp wrote:
    Brian, did you see my post above yours?
    What about PPOs? Not seeing where this comes into play for non-residents and handgun possession unless they have a PPO on them.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  23. #23
    Regular Member
    Join Date
    Aug 2009
    Location
    Ontonagon, Michigan, USA
    Posts
    17

    Post imported post

    I go to the porkies a few times a year (inlaws live 6 miles down the road) and have never been questioned about any form of carry. Heck often times don't see anybody who would question you, unless you go to the big tourist spots (lake of the clouds, Union bay, Union mine trail, Presque Isle etc)

  24. #24
    Regular Member
    Join Date
    May 2006
    Location
    Burton, Michigan
    Posts
    3,361

    Post imported post

    Venator wrote:
    SpringerXDacp wrote:
    Brian, did you see my post above yours?
    What about PPOs? Not seeing where this comes into play for non-residents and handgun possession unless they have a PPO on them.
    That was only part of HB 4221. The revision (amendment) to 28.422 was the "renumbering" of the subsections and the effective date was March 25, 2010, same as the effective date for PPO"s under HB 4221.

  25. #25
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,445

    Post imported post

    SpringerXDacp wrote:
    Venator wrote:
    SpringerXDacp wrote:
    Brian, did you see my post above yours?
    What about PPOs? Not seeing where this comes into play for non-residents and handgun possession unless they have a PPO on them.
    That was only part of HB 4221. The revision (amendment) to 28.422 was the "renumbering" of the subsections and the effective date was March 25, 2010, same as the effective date for PPO"s under HB 4221.
    Still, the old statute is in play until the new one kicks in. And it only addresses PPOs as a disqualifier. No changes to non-residents.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •