transporting open carry pistol

imported post

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?

imported post

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?

Click to expand...

Unloaded, in the trunk, or if your vehicle has no trunk, encased and inaccessible to the occupants.

imported post

Unless you have a cpl then you can carry it inside your car loaded.

imported post

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/(S(omal0545sejij355nuppjy45))/mileg.aspx?page=home

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

imported post

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.

imported post

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.

Click to expand...

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

imported post

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.

imported post

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.

imported post

Thank you. I figured it was but I wasn't 100% sure.

imported post

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.