stainless1911
Banned
imported post
.I cant make it to warren. Ill be at GLX.
.I cant make it to warren. Ill be at GLX.
How do you figure a definition in one statute does not apply to any other?
257.1 Michigan vehicle code; words and phrases defined.
Sec. 1.
The following words and phrases as defined in this chapter and as herein enumerated when used in this act shall, for the purpose of this act, have the meanings respectively ascribed to them in this chapter.
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.
227c would apply if you were carrying a rifle or shotgun (not a MI pistol). The "other than a pistol" really means Section 227c does not apply when carrying a pistol and therefore you cannot use this Section to determine if a bicycle is a vehicle or not. The "other than a pistol" is to redirect you to statutes that apply to pistols, IMO.Of course there is this too:
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.
So since a bicycle is neither a motor vehicle nor is it propelled by mechanical means than it would not be a prohibited vehicle as defined by this statute. Even if it were as long as were carrying a pistol you would still be in compliance with this law.
Bronson
Someone needs to man up and be a test case. :uhoh:
......
Again, ONE COP letting you go is in NO WAY CASE LAW.
fozzy71 wrote:Someone needs to man up and be a test case. :uhoh:
Like I said I would gladly do this if I didn't have a CPL (which I do), and could ride a bike (which currently I can not). Although to be a test case it would have to go to court, would you not? I don't think that if I were able to do this that I would ever be stoppen in my city, which is the only place I would feel comfortable being arrested (LOL I know :lol: but I don't wanna have to go somewhere else for court all the darn time, its like getting a speeding ticket in another state, what are the chances your going to fight it). Anywho, I stay firm to my opinion that you would be fine, even if stopped I doubt the on-call DA would allow the arrest.
God Bless
eastmeyers wrote:
Like I said I would gladly do this if I didn't have a CPL (which I do), and could ride a bike (which currently I can not). Although to be a test case it would have to go to court, would you not? I don't think that if I were able to do this that I would ever be stoppen in my city, which is the only place I would feel comfortable being arrested (LOL I know :lol:but I don't wanna have to go somewhere else for court all the darn time, its like getting a speeding ticket in another state, what are the chances your going to fight it). Anywho, I stay firm to my opinion that you would be fine, even if stopped I doubt the on-call DA would allow the arrest.
God Bless
I am going to print this off and carry it in my wallet. Can I call you for counsel if/when I get stopped?
......
My question would be: How did Tpr Hawkins come to this conclusion? AG Opinion, MCL or Michigan Vehicle Code? The (Hawkins) opinion will not keep you out of the hot seat.
My bicycle riding friends tell me that they are supposed to be afforded the same courtesy as any other road vehicle and that they can be ticketed for moving violations if they run stop signs, fail to signal a turn, etc.
I honestly don't have the gumption to verify that information right now.
Bronson