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Thread: IL Resident OC in MI clarification

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    I am traveling to MI in near future and I understand as a resident of Illinois, there is no way I can conceal carry in Michigan, even though I may possess another states non-resident permit. My question though, is can I open carry? If so, any special rules or anything. I'm guessing I must be in possession of my IL FOID (Firearm Owners ID) and must be able to show it upon asked by any state law enforcement. Any help anyone can supply would be great!

    Thanks!

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    Regular Member autosurgeon's Avatar
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    Yes you can OC under the authority of your out of state CC permit.
    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."

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    autosurgeon wrote:
    Yes you can OC under the authority of your out of state CC permit.
    Or your IL FOID card.

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    zigziggityzoo wrote:
    autosurgeon wrote:
    Yes you can OC under the authority of your out of state CC permit.
    Or your IL FOID card.
    IL FOID... That's the clarification I really need. Thanks!

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    Regular Member autosurgeon's Avatar
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    PSIShapiro wrote:
    zigziggityzoo wrote:
    autosurgeon wrote:
    Yes you can OC under the authority of your out of state CC permit.
    Or your IL FOID card.
    IL FOID... That's the clarification I really need. Thanks!
    If you are OCing using your IL FOID card you will need to abide by the rules for NON CPL OC... Unless someone else has other info on this...
    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."

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    autosurgeon wrote:
    PSIShapiro wrote:
    zigziggityzoo wrote:
    autosurgeon wrote:
    Yes you can OC under the authority of your out of state CC permit.
    Or your IL FOID card.
    IL FOID... That's the clarification I really need. Thanks!
    If you are OCing using your IL FOID card you will need to abide by the rules for NON CPL OC... Unless someone else has other info on this...
    No matter what they have to abide by NON CPL OC.

    An out-of-state non-resident CPL is not honored in MI. Period.

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    You must not enter your vehicle with a firearm in Michigan! Unload it/reload it Outside of your vehicle. The gun must be in a case designed for a gun, and in the trunk. The gun must be unloaded in this case. Including the chamber. I prefer to keep the ammo in a seperate case.

    750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.



    Sec. 234d.

    (1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:

    (a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.

    (b) A church or other house of religious worship.

    (c) A court.

    (d) A theatre.

    (e) A sports arena.

    (f) A day care center.

    (g) A hospital.

    (h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.

    (2) This section does not apply to any of the following:

    (a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.

    (b) A peace officer.

    (c) A person licensed by this state or another state to carry a concealed weapon.

    (d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.

    (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

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    Regular Member Bronson's Avatar
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    zigziggityzoo wrote:
    An out-of-state non-resident CPL is not honored in MI. Period.

    I thought that changed with the "Janet Kukuk" act.



    28.432 Inapplicability of MCL 28.422; citation as “Janet Kukuk act”.

    (1) Section 2 (of MCL 28.422 quoted below, B) does not apply to any of the following:

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


    MCL 28.432 doesn't specify that the out of state CPL must be issued by their state of residence.



    Here's part of 28.422 for reference:
    28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; nonresidents; basic pistol safety brochure; forging application; implementation during business hours.

    Sec. 2.

    (1) Except as otherwise provided in this section, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.
    Bronson
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    Bronson wrote:
    zigziggityzoo wrote:
    An out-of-state non-resident CPL is not honored in MI. Period.

    I thought that changed with the "Janet Kukuk" act.



    28.432 Inapplicability of MCL 28.422; citation as “Janet Kukuk act”.

    (1) Section 2 (of MCL 28.422 quoted below, B) does not apply to any of the following:

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


    MCL 28.432 doesn't specify that the out of state CPL must be issued by their state of residence.



    Here's part of 28.422 for reference:
    28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; nonresidents; basic pistol safety brochure; forging application; implementation during business hours.

    Sec. 2.

    (1) Except as otherwise provided in this section, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.
    Bronson
    Well, it looks like you're right.

    But the funny thing is - the way I read it, if A MI Resident gets his out-of-state CPL from another state, he no longer is required to register his handguns.

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    iirc there is a residency requirement in Michigan.

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    stainless1911 wrote:
    iirc there is a residency requirement in Michigan.
    Two different things. For 28.425 (concealed carry) MI only recognizes resident out-of-state permits (as opposed to non-resident out-of-state permits).

    For 28.422 MI recognizes any out-of-state permit for any citizen. The thing is, this is written so broadly that even MI residents could get an out-of-state permit and perhaps never have to register their handguns. That'd be an interesting court case.

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    Regular Member Bronson's Avatar
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    zigziggityzoo wrote:
    But the funny thing is - the way I read it, if A MI Resident gets his out-of-state CPL from another state, he no longer is required to register his handguns.
    Oh yeah, I like the way you think.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

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    zigziggityzoo wrote:
    Two different things. For 28.425 (concealed carry) MI only recognizes resident out-of-state permits (as opposed to non-resident out-of-state permits).

    For 28.422 MI recognizes any out-of-state permit for any citizen. The thing is, this is written so broadly that even MI residents could get an out-of-state permit and perhaps never have to register their handguns. That'd be an interesting court case.


    I've been trying to figure this out. The law says "license". Can we generally consider that the same as a "permit"? It seems most states issue "permits." :?
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

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    Michigander wrote:
    zigziggityzoo wrote:
    Two different things. For 28.425 (concealed carry) MI only recognizes resident out-of-state permits (as opposed to non-resident out-of-state permits).

    For 28.422 MI recognizes any out-of-state permit for any citizen. The thing is, this is written so broadly that even MI residents could get an out-of-state permit and perhaps never have to register their handguns. That'd be an interesting court case.
    *

    I've been trying to figure this out. The law says "license". Can we generally consider that the same as a "permit"? It seems most states issue "permits." :?
    Definition of License:

    license |ˈlīsəns|
    noun ( Brit. licence)
    a permit from an authority to own or use something, do a particular thing, or carry on a trade (esp. in alcoholic beverages) : a gun license | [as adj. ] vehicle license fees.

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