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Porkies

N

Nimmer

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Location
Central Wisconsin, ,
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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
 
L

Leader

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Livingston Co., Michigan, , USA
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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?
 
N

Nimmer

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Central Wisconsin, ,
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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
 
A

autosurgeon

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Lawrence, Michigan, United States
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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
Click to expand...

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
Click to expand...
If he had a CPL from another state while he would not be able to CC he would be able to OC. Legally.
 
N

Nimmer

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Central Wisconsin, ,
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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:
 
SpringerXDacp

SpringerXDacp

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Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
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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
Click to expand...

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
Click to expand...
If he had a CPL from another state while he would not be able to CC he would be able to OC. Legally.
Click to expand...

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
 
Venator

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
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:
Click to expand...


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.
 
lil_freak_66

lil_freak_66

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Mason, Michigan
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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.
 
S

SIGfreed

Regular Member
Joined
Aug 28, 2008
Messages
100
Location
Montague, Michigan, USA
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.
Click to expand...
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.
 
A

autosurgeon

Regular Member
Joined
Sep 29, 2008
Messages
3,831
Location
Lawrence, Michigan, United States
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.
Click to expand...
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.
Click to expand...
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.
 
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