Illinois residents can open carry in Michigan...

>>> <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 MichiganÆs pisto...l registration
requirements. Additionally, MCL 28.422 exempts residents of other states
from MichiganÆs 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.

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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

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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(cuh13fuo1lbiu5ioep4qx445))/documents/mcl/pdf/mcl-28-422.pdf


MCL 750.231a
http://www.legislature.mi.gov/(S(cuh13fuo1lbiu5ioep4qx445))/documents/mcl/pdf/mcl-750-231a.pdf


MCL 750.234d
http://www.legislature.mi.gov/(S(cuh13fuo1lbiu5ioep4qx445))/documents/mcl/pdf/mcl-750-234d.pdf


MCL 750.237a
http://www.legislature.mi.gov/(S(emtshr55shfeft450p04fx55))/documents/mcl/pdf/mcl-750-237a.pdf


MCL 750.227
http://www.legislature.mi.gov/(S(emtshr55shfeft450p04fx55))/documents/mcl/pdf/mcl-750-227.pdf


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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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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