Open Carry and the Coast Guard

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I was asked to start a thread here by Stainless1911. This is a conversation that came up on miopencarry.org:



Thanks again for the advice. I'll keep carrying but I haven't seen any posts from anyone carrying in Bay City or Flint. The other thing is that being a boater, I am always dealing with the Coast Guard. Let me preface this by saying, I'm glad they are there and they do a great job protecting our borders and water ways, but in Bay City they do border on harrassment. I am concerned how to deal with "Federal LEO". Do they operate in the same manner? I know they don't have to have any cause to stop and search you. And I have been searched. They stopped me coming up the river at idle speed with just my wife and a sleeping 6 month old baby in her lap, baby was wearing a life jacket. They concern me more than anyone. I fully intend on open carrying on my boat, at the marina, and down town Bay City but we'll see how they handle it. When I got stopped before I disclosed that I had a CPL and no gun on board. They said "are you law enforcemnt?" When I told them no, they had a second CG get on my boat too.

Thanks for all the advice.

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Welcome

I hope you stick around, this site will no doubt be an asset to you.

The coast guard thing came up, and I wasnt sure exactly what to say about it, so I referred him here. Myposition is that nothing changes legally, but I referred the subject here for a deeper discussion.

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I read on the MOC forum that the OP has a CPL. I'm not sure about carrying on boats without one, so hopefully someone will pop in with some good info.

ETA: Welcome!

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This is relevant to my interests as well.

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I found this: http://www.michigan.gov/dnr/0,1607,7-153-10366_37141_37706_37727-31579--,00.html

[font="arial, helvetica, sans-serif"][size="+1"]Transporting - Carrying Firearms and Bows and Arrows[/size][/font] [font="arial, helvetica, sans-serif"][size="-1"]At all times, rifles, shotguns, muzzleloading and other firearms, crossbows and bows and arrows carried in or on any type of motor vehicle, including snowmobiles, must be unloaded in both barrel and magazine, and either enclosed in a case, or unstrung, or carried in the trunk of a vehicle with a trunk, or when transported on an ORV equipped with and made inoperative by a manufactured keylocked trigger housing mechanism. These rules apply whether your vehicle is parked, stopped, moving or is on private or public property. A firearm transported in a motor-propelled boat or sailboat must be unloaded in both barrel and magazine when the motor is operating or the boat is under sail and may not be loaded until the momentum of the boat has ceased. Firearms must be unloaded in the barrel, and all arrows must be in a quiver when a hunter is afield outside the legal hunting hours.
Exception: These rules do not apply to pistols carried under authority of a concealed pistol license or properly carried under authority of a specific exception from the requirement of a concealed pistol license. A percussion cap muzzleloading longarm is considered unloaded if the percussion cap is removed. A flintlock muzzleloading longarm is considered unloaded if the cock is left down and the pan is open. Black powder handguns must be transported as stated under Firearm and Bow and Arrow Rules .
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MarineSgt wrote:

I found this: http://www.michigan.gov/dnr/0,1607,7-153-10366_37141_37706_37727-31579--,00.html

[font="arial, helvetica, sans-serif"][size="+1"]Transporting - Carrying Firearms and Bows and Arrows[/size][/font] [font="arial, helvetica, sans-serif"][size="-1"]At all times, rifles, shotguns, muzzleloading and other firearms, crossbows and bows and arrows carried in or on any type of motor vehicle, including snowmobiles, must be unloaded in both barrel and magazine, and either enclosed in a case, or unstrung, or carried in the trunk of a vehicle with a trunk, or when transported on an ORV equipped with and made inoperative by a manufactured keylocked trigger housing mechanism. These rules apply whether your vehicle is parked, stopped, moving or is on private or public property. A firearm transported in a motor-propelled boat or sailboat must be unloaded in both barrel and magazine when the motor is operating or the boat is under sail and may not be loaded until the momentum of the boat has ceased. Firearms must be unloaded in the barrel, and all arrows must be in a quiver when a hunter is afield outside the legal hunting hours.
Exception: These rules do not apply to pistols carried under authority of a concealed pistol license or properly carried under authority of a specific exception from the requirement of a concealed pistol license. A percussion cap muzzleloading longarm is considered unloaded if the percussion cap is removed. A flintlock muzzleloading longarm is considered unloaded if the cock is left down and the pan is open. Black powder handguns must be transported as stated under  Firearm and Bow and Arrow Rules .
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So there you have it. It is unlawful to carry on a boat without a CPL.

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I oc all over flint, flint city, Burton, swartz creek, Clayton twp all day every day.

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In a boat?

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SpringerXDacp wrote:

In a boat?

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lmao!

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"I'm on a boat, mutha f@&$er!"
http://www.hulu.com/watch/56632/saturday-night-live-digital-short-im-on-a-boat

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So where does 750.231a fit into all this?

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stainless1911 wrote:

So where does 750.231a fit into all this?

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It doesn't.

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The cite above was from the DNR , but is it law?

the cite above mensioned motor vecicles, so my thoughts went to 231a.

It is my understanding that a boat is obviously a motor vehicle, and like a car, or motorcycle, it is considered concealed, and you MUST have a CPL or store it in the trunk, cased, yada yada...

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This is a little bit of laws I have found. It seems that the DNR can regulate somewhat, where firearms can be carried under the authority of "wildlife conservation laws." I've done a little digging on this but am not sure what the law really is.


324.40111 Taking animal from in or upon vehicle; transporting or possessing firearm in or upon vehicle;
transporting bow in or upon vehicle; written permission to hunt or discharge firearm.
Sec. 40111. (1) Except as otherwise provided in this part or in a department order authorized under section 40107, a person
shall not take an animal from in or upon a vehicle.
(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.

324.40111 Taking animal from in or upon vehicle; transporting or possessing firearm in or upon vehicle; transporting bow in or upon vehicle; written permission to hunt or discharge firearm.
Sec. 40111.
[align=justify](1) Except as otherwise provided in this part or in a department order authorized under section 40107, a person shall not take an animal from in or upon a vehicle.[/align] [align=justify](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.[/align] [align=justify](3) Except as otherwise provided in this part, a person shall not transport or have in possession a bow in or upon a vehicle, unless the bow is unstrung, enclosed in a case, or carried in the trunk of a vehicle.[/align] [align=justify](4) A person shall not hunt or discharge a firearm within 150 yards of an occupied building, dwelling, house, residence, or cabin, or any barn or other building used in connection with a farm operation, without obtaining the written permission of the owner, renter, or occupant of the property.[/align][align=justify]
[/align][align=justify]Attorney General Opinion #7123 February 11, 2003[/align][align=justify]It is my opinion, therefore, in answer to your second question, that a person licensed to carry a concealed pistol is subject
to the rules, regulations, and orders of the Department of Natural Resources regulating the possession of firearms and may not
possess or carry a pistol while hunting deer during “bow and arrow only” hunting season, unless the person is licensed to hunt
deer with a firearm and is hunting in an area open to firearm deer hunting.
MIKE COX
Attorney General[/align][align=justify]
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MarineSgt wrote:

[align=justify]Attorney General Opinion #7123 February 11, 2003[/align][align=justify]It is my opinion, therefore, in answer to your second question, that a person licensed to carry a concealed pistol is subject
to the rules, regulations, and orders of the Department of Natural Resources regulating the possession of firearms and may not
possess or carry a pistol while hunting deer during “bow and arrow only” hunting season, unless the person is licensed to hunt
deer with a firearm and is hunting in an area open to firearm deer hunting.
MIKE COX
Attorney General throw this out. it's old
[/align][align=justify]
[/align][align=justify]
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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994

324.504 Department of natural resources; rules for protection and preservation of lands and property; duties of department; report; applicability of subsections (2) and (3) to commercial forestland; certain rules prohibited; orders; violation as civil infraction; fine.Sec. 504.
(1) The department shall promulgate rules to protect and preserve lands and other property under its control from depredation, damage, or destruction or wrongful or improper use or occupancy.
(2) Subject to subsection (4), the department shall do all of the following:
(a) Keep land under its control open to hunting unless the department determines that the land should be closed to hunting because of public safety, fish or wildlife management, or homeland security concerns or as otherwise required by law.
(b) Manage land under its control to support and promote hunting opportunities to the extent authorized by law.
(c) Manage land under its control to prevent any net decrease in the acreage of such land that is open to hunting.
(3) Subject to subsection (4), by April 1, 2010 and each year thereafter, the department shall submit to the legislature a report that includes all of the following:
(a) The location and acreage of land under its control previously open to hunting that the department closed to hunting during the 1-year period ending the preceding March 1, together with the reasons for the closure.
(b) The location and acreage of land under its control previously closed to hunting that the department opened to hunting during the 1-year period ending the preceding March 1 to compensate for land closed to hunting under subdivision (a).
(4) Subsections (2) and (3) do not apply to commercial forestland as defined in section 51101.
(5) This section does not authorize the department to promulgate a rule that applies to commercial fishing except as otherwise provided by law.
(6) The department shall not promulgate or enforce a rule that prohibits an individual who is licensed or exempt from licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a pistol in compliance with that act, whether concealed or otherwise, on property under the control of the department.
(7) The department shall issue orders necessary to implement rules promulgated under this section. These orders shall be effective upon posting.
(8) A person who violates a rule promulgated under this section or an order issued under this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1996, Act 171, Imd. Eff. Apr. 18, 1996 ;-- Am. 2004, Act 130, Imd. Eff. June 3, 2004 ;-- Am. 2009, Act 47, Imd. Eff. June 18, 2009
Popular Name: Act 451
Popular Name: NREPA
Admin Rule: R 299.291a et seq. and R 299.921 et seq. of the Michigan Administrative Code.
http://www.legislature.mi.gov/(S(h0jburbazvo43vfyyzsme5qw))/mileg.aspx?page=getobject&objectname=mcl-324-504&query=on&highlight=hunting%20AND%20pistol

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http://opencarry.mywowbb.com/forum30/40088.html    The DNRE is not the COAST GUARD. http://opencarry.mywowbb.com/forum30/40088.html

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Yosemite Sam wrote:

http://opencarry.mywowbb.com/forum30/40088.html    The DNRE is not the COAST GUARD. http://opencarry.mywowbb.com/forum30/40088.html

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You mean DNR isn't an acronym for Coast Guard?:quirky I imagine that the Coast Guard would follow Michigan State law, which may be determined by the DNR in State waterways.

Did you ever wonder why County police officer enforce State law?