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Thread: penality for carrying conceal with a permit that you left at home?

  1. #1
    Regular Member kyleplusitunes's Avatar
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    say I get stopped without my cpl, is this a revocation and or felony?

  2. #2
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    28.425f

    (4) An individual who violates subsection (1) or (2) is responsible for a state civil infraction and may be fined not more than $100.00.

    (7) A pistol carried in violation of this section is subject to immediate seizure by a peace officer.


    A pistol is not subject to immediate seizure under this subsection if both of the following circumstances exist:
    (a) The individual has his or her driver license or Michigan personal identification card in his or her possession when the violation occurs.

    (b) The peace officer verifies through the law enforcement information network that the individual is licensed under this act to carry a concealed pistol.
    http://legislature.mi.gov/%28S%28gln...D%20disclosure
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  3. #3
    Regular Member malignity's Avatar
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    I carry mine in my wallet, with my license and credit cards (I never carry cash, so robbers will be disappointed.)

    If I forget my wallet, not only am I carrying illegally, but I'm driving illegally, and I can't even buy anything, so my purpose for leaving the house is practically none.

    Needless to say, I don't want any of the aforementioned to happen, so I always remember to grab my wallet.

    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

  4. #4
    Anti-Saldana Freedom Fighter Venator's Avatar
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    kyleplusitunes wrote:
    say I get stopped without my cpl, is this a revocation and or felony?
    If you have a state ID and they can verify you have a CPL they can not take your weapon. First time is a civil infraction.


    28.425f Concealed pistol license; possession; disclosure to police officer; violation; penalty; seizure; forfeiture; "peace officer" defined.

    Sec. 5f.

    (1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that pistol in his or her possession at all times he or she is carrying a concealed pistol.

    (2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show both of the following to a peace officer upon request by that peace officer:

    (a) His or her license to carry a concealed pistol.

    (b) His or her driver license or Michigan personal identification card.

    (3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.

    (4) An individual who violates subsection (1) or (2) is responsible for a state civil infraction and may be fined not more than $100.00.

    (5) An individual who violates subsection (3) is responsible for a state civil infraction and may be fined as follows:

    (a) For a first offense, by a fine of not more than $500.00 or by the individual's license to carry a concealed pistol being suspended for 6 months, or both.

    (b) For a subsequent offense within 3 years of a prior offense, by a fine of not more than $1,000.00 and by the individual's license to carry a concealed pistol being revoked.

    (6) If an individual is found responsible for a state civil infraction under this section, the court shall notify the department of state police and the concealed weapon licensing board that issued the license of that determination.

    (7) A pistol carried in violation of this section is subject to immediate seizure by a peace officer. If a peace officer seizes a pistol under this subsection, the individual has 45 days in which to display his or her license or documentation to an authorized employee of the law enforcement entity that employs the peace officer. If the individual displays his or her license or documentation to an authorized employee of the law enforcement entity that employs the peace officer within the 45-day period, the authorized employee of that law enforcement entity shall return the pistol to the individual unless the individual is prohibited by law from possessing a firearm. If the individual does not display his or her license or documentation within the 45-day period, the pistol is subject to forfeiture as provided in section 5g.

    A pistol is not subject to immediate seizure under this subsection if both of the following circumstances exist:

    (a) The individual has his or her driver license or Michigan personal identification card in his or her possession when the violation occurs.

    (b) The peace officer verifies through the law enforcement information network that the individual is licensed under this act to carry a concealed pistol.

    (8) As used in this section, "peace officer" includes a motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d, and security personnel employed by the state under section 6c of 1935 PA 59, MCL 28.6c.

    28.425g Pistol subject to seizure and forfeiture.

    Sec. 5g.

    A pistol carried in violation of this act is subject to seizure and forfeiture in the same manner that property is subject to seizure and forfeiture under sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709. This section does not apply if the violation is a state civil infraction under section 5f unless the individual fails to present his or her license within the 45-day period described in that section.



    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  5. #5
    Regular Member eastmeyers's Avatar
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    malignity wrote:
    I carry mine in my wallet, with my license and credit cards (I never carry cash, so robbers will be disappointed.)

    If I forget my wallet, not only am I carrying illegally, but I'm driving illegally, and I can't even buy anything, so my purpose for leaving the house is practically none.

    Needless to say, I don't want any of the aforementioned to happen, so I always remember to grab my wallet.
    I can't believe I am about to admit this, but on two separate occasions (but both times were during horrible blizzards) I forgot my pistol at home. These were nights when I was working, and required to have said pistol. Luckily I have a women at home who loves me, and I would notice on my way to work but not have the time to go back home. She would unload my pistol, case it up, and put it in the trunk andbring it down to me.

    :celebrate:celebrate:celebrate

    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

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