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Thread: transporting open carry pistol

  1. #1
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    I am a little confused about transporting my pistol. So say I get in my car and go to the beach, where is my pistol to be when I am in my car?

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    whoseesu wrote:
    I am a little confused about transporting my pistol. *So say I get in my car and go to the beach, where is my pistol to be when I am in my car?
    Unloaded, in the trunk, or if your vehicle has no trunk, encased and inaccessible to the occupants.

  3. #3
    Regular Member Recoil88's Avatar
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    Unless you have a cpl then you can carry it inside your car loaded.
    In a situation when seconds count-The police will be there in minutes.

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    Regular Member Bikenut's Avatar
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    THE MICHIGAN PENAL CODE (EXCERPT)
    Act 328 of 1931


    750.227 Concealed weapons; carrying; penalty.

    Sec. 227.

    -snip-

    (2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

    ---------------

    THE MICHIGAN PENAL CODE (EXCERPT)
    Act 328 of 1931


    750.231a Exceptions to MCL 750.227(2); definitions.

    Sec. 231a.

    (1) Subsection (2) of section 227 does not apply to any of the following:

    -snip-

    (d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.

    (e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.

    -snip-

    So, and I am NOT an attorney but just reading the laws themselves for what they say.......... for someone who does NOT have a CPL to transport their pistol it has to be unloaded in a closed case designed for storage of a firearm (no cardboard boxes) and either in the trunk... or if the vehicle doesn't have a trunk the cased pistol has to not be readily accessible to anyone in the vehicle.

    You can go here:

    http://www.legislature.mi.gov/%28S%2...aspx?page=home

    and search the actual Michigan Compiled Laws (MCL) as they pertain to firearms.



    Gun control isn't about the gun at all.... for those who want gun control it is all about their own fragile egos, their own lack of self esteem, their own inner fears, and most importantly... their own desire to dominate others. And an openly carried gun is a slap in the face to all of those things.

  5. #5
    Regular Member The Expert's Avatar
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    When placing or removing the handgun from the case, make sure that it is outside of the trunk of the vehicle. If you open the case and start dropping the gun from you belt into it, some say that could quality as "concealing" the firearm.

    Remove the case from the vehicle, secure the firearm in case, place case in vehicle in order to disarm.

    Remove case from vehicle, remove firearm and holster, then place case back in trunk to arm.

    ...of course, both of these leaves open the possiblity that during the arming/diarming process some anti-gun LEO on a power trip could think you are "waving the firearm in a threatening manner" and tag you with brandishment.

    Kinda like a catch 22 all around...which is why it's even more important to get you CPL.
    I always open carry one of my Kimber 1911 pistols everywhere I go. Usually in a paddle holster. Nothing fancy, but it works for me.

  6. #6
    Regular Member eastmeyers's Avatar
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    The Expert wrote:
    When placing or removing the handgun from the case, make sure that it is outside of the trunk of the vehicle. If you open the case and start dropping the gun from you belt into it, some say that could quality as "concealing" the firearm.

    Remove the case from the vehicle, secure the firearm in case, place case in vehicle in order to disarm.

    Remove case from vehicle, remove firearm and holster, then place case back in trunk to arm.

    ...of course, both of these leaves open the possiblity that during the arming/diarming process some anti-gun LEO on a power trip could think you are "waving the firearm in a threatening manner" and tag you with brandishment.

    Kinda like a catch 22 all around...which is why it's even more important to get you CPL.
    Could you please site any instances of either of these happening? Or are these just "ifs"? If so thats fine, I am just looking for some detail if it exists. Thank you for your help, again if these are just "ifs" thats a-okay, just curious.

    God Bless
    "Bam, I like saying bam when I cite something, in fact I think I shall do this from here on out, as long as I remember.
    Bam!" - eastmeyers

    "Then said he to them, But now he that hath a purse, let him take it, and likewise his sack: and he that hath no sword, let him sell his garment, and buy one."
    Luke 22:36
    God Bless

  7. #7
    Regular Member xmanhockey7's Avatar
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    Is it legal to transport a pistol in a car for the purpose of just open carrying it. I saw all the things that give you a lawful purpose but I didn't see it on there.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  8. #8
    Regular Member Yooper's Avatar
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    Yes, the law says you may transport for all lawful purposes, since open carrying is a lawful purpose, you're good to go.

    750.231a(2)(b)(vii)(I hope I did that right) "While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted
    by law, rule, regulation, or local ordinance."

    The above is an exemption to the prohibition on transporting a pistol without a CPL.

    Since you will travel from your private property, to a location where it used as permitted by law (OC is a lawful act), you're legal to transport it for the sole purpose of OC.
    Rand Paul 2016

  9. #9
    Regular Member xmanhockey7's Avatar
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    Thank you. I figured it was but I wasn't 100% sure.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  10. #10
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    That would be correct, yooper, but as it is, there is no case law on the subject. The chances of getting that far are slim to none, but it could happen. You would be very likely to win, but when faced with a 5 year felony, most people would take a plea.

    Without (vii), almost all OC would be impossible.

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