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Thread: Illinois residents can open carry in Michigan...

  1. #1
    Regular Member Hatchet's Avatar
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    Illinois residents can open carry in Michigan...

    i was asked to post this by a friend of mine on here. (i already posted this in IL, but he asked me to post this info in here as well)

    I was sent a exert on new MI open carry laws in which rule 1 meets the technical qualification of our FOID card, but i wanted a direct quote from the state police. So i sent out this e-mail.

    >>> <MSPWeb@michigan.gov> 10/27/2010 3:29 PM >>>
    a friend of mine in MI had just sent me this exert from
    the state law and i have a question about it.

    Possession of pistols by non-residents
    MCL 28.432 makes it legal for non-residents of Michigan who hold valid
    CPLs issued by another state to possess a non-concealed pistol in
    Michigan without complying with MichiganĘs pisto...l registration
    requirements. Additionally, MCL 28.422 exempts residents of other states
    from MichiganĘs pistol registration requirements therefore, allowing
    them to possess a pistol in Michigan, if all of the following
    requirements are met:

    1. The person is licensed by his or her state of residence to purchase,
    transport, or carry a pistol,

    2. The person is in possession of the license while in Michigan,
    3. The person owns the pistol possessed in Michigan,
    4. The person possesses the pistol for a lawful purpose as defined in
    MCL 750.231a, and
    5. The person is in Michigan less than 180 days and does not intend to
    establish residency here.

    A non-resident must present the license issued by his or her state of
    residence to a police officer upon demand. Failure to do so is a 90-day
    misdemeanor. When transporting a firearm in Michigan, non-residents must
    transport pistols in compliance with MCL 750.231a (discussed above in
    the Transporting Firearms section), unless they have a concealed pistol
    license issued by their state of residence.
    In Illinois we don't have any kind of carry licenses. We do have a
    FOID(Firearm Owners ID) which we need to buy and transport firearms
    legally. Would the FOID card from Illinois meet the legal requirements,
    for open carry, in Michigan for non-residents as stated by rule one
    above?

    Thank you,
    Joe

    The response i received today...

    Mr. ,

    In Michigan, non-residents may possess (not concealed) a pistol in
    Michigan if they are licensed by their state of residence to purchase,
    carry, or transport a pistol, MCL 28.422. As a result, an Illinois
    resident can possess a pistol in Michigan if they have an Illinois
    Firearm Owner's Identification Card (FOID Card). In order to lawfully
    do so, the person must possess their FOID Card while in Michigan,
    present it to a police officer upon demand, possess the pistol only for
    lawful purposes, and they must be the owner of the pistol.

    You do not have a license to carry a concealed pistol, therefore, you
    must carry the pistol visible and non-concealed. Michigan has statutes
    that prohibit possession of a firearm in certain areas, MCL 750.234d and
    MCL 750.237a. The above list is not intended to be an exhaustive list
    of the premises upon which possession of a firearm is prohibited. I
    recommend that you research Michigan laws regarding the areas you will
    be visiting.

    Additionally, when transporting a pistol in Michigan, it must be
    unloaded in a closed case designed for the storage of firearms in the
    trunk of a vehicle or if no trunk, not readily accessible to the
    occupants of the vehicle, MCL 750.231a. Per Michigan law, a pistol
    carried in the interior of a vehicle is always considered concealed, MCL
    750.227.

    The following are links to the above mentioned statutes for your
    review:

    MCL 28.422
    http://www.legislature.mi.gov/(S(cuh...mcl-28-422.pdf


    MCL 750.231a
    http://www.legislature.mi.gov/(S(cuh...l-750-231a.pdf


    MCL 750.234d
    http://www.legislature.mi.gov/(S(cuh...l-750-234d.pdf


    MCL 750.237a
    http://www.legislature.mi.gov/(S(emt...l-750-237a.pdf


    MCL 750.227
    http://www.legislature.mi.gov/(S(emt...cl-750-227.pdf


    Sincerely,

    Sergeant Aimee Maike
    Training and Standards Division
    Michigan State Police
    7426 N. Canal Road
    Lansing, MI 48913
    (517) 636-6031
    So with the FOID card we can open carry in Michigan. No automobile carry is allowed with out a CC license.

  2. #2
    Regular Member PDinDetroit's Avatar
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    The following is for reference purposes:

    http://forum.opencarry.org/forums/sh...-Guide-Project

  3. #3
    Regular Member lil_freak_66's Avatar
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    Mason, Michigan
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    hey Joe thanks for postin this!
    not a lawyer, dont take anything i say as legal advice.


  4. #4
    Regular Member Hatchet's Avatar
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    transporting/carrying on a motorcycle...

    Mr. ,

    Unfortunately, Michigan law does not provide guidance on how to legally
    transport a pistol while traveling on a motorcycle. MCL 750.231a states
    if the motor vehicle (which includes a motorcycle) does not have a
    trunk, the pistol must be unloaded, in a closed case designed for the
    storage of firearms, and not readily accessible to the occupants. There
    are various arguments regarding whether or not a person could transport
    a pistol in or on a motorcycle and have it " not readily accessible to
    the occupant." I am not aware of any Michigan appellate court decisions
    regarding this issue. In instances such as this where the legality is
    not certain, I must recommend that you consult the advise of private
    legal counsel regarding this issue.

    Sincerely,

    Sergeant Aimee Maike
    Training and Standards Division
    Michigan State Police
    7426 N. Canal Road
    Lansing, MI 48913
    (517) 636-6031

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