Michigan Law and Open Carry / Concealed Carry

Nutczak said:

Thank you for posting that, this will finally settle a disagreement between myself and another WI-OCDO member from a week or two ago.

Whoever you are, please read page 3 of the attached file, bottom left hand column, and it is continued in the upper right hand column.

It clearly states that to carry a pistol in MI, you must have licensing from your state of residence to do so, A non-resident permit from a state other than your home state does NOT qualify!
Since WI does not have licensing requirements, WE ARE NOT ALLOWED TO CARRY IN MI, But an IL resident can carry openly in MI due to the FOID card requirement for IL residents.

Here is a snippet for you;
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 Michigan’s pistol registration requirements. Additionally, MCL 28.422 exempts residents of other states from Michigan’s 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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28.432 Inapplicability of MCL 28.422; citation as “Janet Kukuk act”.

Sec. 12.

(1) Section 2 does not apply to any of the following:

(a) A police or correctional agency of the United States or of this state or any subdivision of this state.

(b) The United States army, air force, navy, or marine corps.

(c) An organization authorized by law to purchase or receive weapons from the United States or from this state.

(d) The national guard, armed forces reserves, or other duly authorized military organization.

(e) A member of an entity or organization described in subdivisions (a) through (d) for a pistol while engaged in the course of his or her duties with that entity or while going to or returning from those duties.

(f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.

(g) The regular and ordinary transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer.

(h) Purchasing, owning, carrying, possessing, using, or transporting an antique firearm. As used in this subdivision, "antique firearm" means that term as defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

(i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.

(2) The amendatory act that added subsection (1)(h) shall be known and may be cited as the "Janet Kukuk act".

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Nutczak said:

Thank you for posting that, this will finally settle a disagreement between myself and another WI-OCDO member from a week or two ago.

Whoever you are, please read page 3 of the attached file, bottom left hand column, and it is continued in the upper right hand column.

It clearly states that to carry a pistol in MI, you must have licensing from your state of residence to do so, A non-resident permit from a state other than your home state does NOT qualify!
Since WI does not have licensing requirements, WE ARE NOT ALLOWED TO CARRY IN MI, But an IL resident can carry openly in MI due to the FOID card requirement for IL residents.

Here is a snippet for you;
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 Michigan’s pistol registration requirements. Additionally, MCL 28.422 exempts residents of other states from Michigan’s 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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apjonas said:

I can only surmise that jpm84092 wants to yank my chain. Otherwise why start a Michigan thread in the Wisconsin forum? Or why not submit the information in the thread that generated the interest? I predicted somebody would start a new thread on this issue within 6 months but 4 days is ridiculous. So what is the correct answer? Can a resident of Wisconsin holding a Florida CCW carry openly in Michigan? The polls are now open.

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Bronson said:

I'll try.

Concealed carry/loaded vehicle carry: 28.422

Michigan CPL
Or: Concealed pistol license from your state of residence
Or: Law enforcement officer carrying under the authority of the LEOSA

Open carry (no loaded vehicle carry allowed, must follow transport laws): 28.432

Michigan pistol registration
Or: Concealed pistol license from any other state
Or: A license/permit to purchase, carry, or transport a pistol from your state of residence as long as:

• you have license/permit with you
• you must be the legal owner of the pistol
• you're possessing the pistol for lawful purposes
• you're in MI for 180 days or less with no intent of establishing residency

Also with a concealed license from any state you are exempt from the general Firearms Free zones (open carry), and since our Concealed Carry law specifically calls out places you cannot carry a CONCEALED pistol it does not apply to an openly carried pisitol.

So with a concealed license from any state, regardless of residency, a non-MI resident may openly carry their legally possessed pistol in most of the MI state level pistol/firearm free zones (courts/court offices, sterile areas of airports, Federal Reserve Bank in Detroit, and fed. buildings are still a no-go).

I think that's it. It's late, I'm going to bed

Bronson

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Conflation occurs when the identities of two or more individuals, concepts, or places, sharing some characteristics of one another, become confused until there seems to be only a single identity — the differences appear to become lost.[1] In logic, the practice of treating two distinct concepts as if they were one does often produce error or misunderstanding, as a fusion of distinct subjects tends to obscure analysis of relationships which are emphasized by contrasts.

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davegran said:

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 Michigan’s pistol registration requirements.

This is known as the Janet Kukuk Act. Here it is in it's entirety:
MCL 28.432; known as The “Janet Kukuk Act", modifies MCL 28.422 to allow a person holding a CCW issued by a state different than Michigan to Open Carry in Michigan. It does NOT specify a RESIDENT CCW permit issued by another state to Open Carry in Michigan.

I wonder if any of our Michigan forum friends know who Janet Kukuk is/was?

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davegran said:

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 Michigan’s pistol registration requirements.

This is known as the Janet Kukuk Act. Here it is in it's entirety:
MCL 28.432; known as The “Janet Kukuk Act", modifies MCL 28.422 to allow a person holding a CCW issued by a state different than Michigan to Open Carry in Michigan. It does NOT specify a RESIDENT CCW permit issued by another state to Open Carry in Michigan.

I wonder if any of our Michigan forum friends know who Janet Kukuk is/was?

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Nutczak said:

The way I am reading MI laws, is that if you are not a MI resident, you must have a license issued from your home state, if you are a MI resident, a license from another state is valid.

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750.227 Concealed weapons; carrying; penalty.


Sec. 227.

(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any 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.

(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.

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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:

(a) To a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence except where the pistol is carried in nonconformance with a restriction appearing on the license.

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750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.


Sec. 234d.

(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(b) A church or other house of religious worship.
(c) A court.
(d) A theatre.
(e) A sports arena.
(f) A day care center.
(g) A hospital.
(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.
(2) This section does not apply to any of the following:
(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.
(b) A peace officer.
(c) A person licensed by this state or another state to carry a concealed weapon.

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(8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following conditions apply:
(a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
(b) The individual is in possession of the license described in subdivision (a).
(c) The individual is the owner of the pistol he or she possesses, carries, or transports.
(d) The individual possesses the pistol for a lawful purpose as that term is defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.
(e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.

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28.432 Inapplicability of MCL 28.422; amendatory act as “Janet Kukuk act”.
Sec. 12.

(1) Section 2 (this is 28.422, excerpted above) does not apply to any of the following:
(a) A police or correctional agency of the United States or of this state or any subdivision of this state.
(b) The United States army, air force, navy, or marine corps.
(c) An organization authorized by law to purchase or receive weapons from the United States or from this state.
(d) The national guard, armed forces reserves, or other duly authorized military organization.
(e) A member of an entity or organization described in subdivisions (a) through (d) for a pistol while engaged in the course of his or her duties with that entity or while going to or returning from those duties.
(f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.
(g) The regular and ordinary transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer.
(h) Purchasing, owning, carrying, possessing, using, or transporting an antique firearm. As used in this subdivision, "antique firearm" means that term as defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.
(i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.

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davegran said:

I wonder if any of our Michigan forum friends know who Janet Kukuk is/was?

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Nutczak said:

The way I am reading MI laws, is that if you are not a MI resident, you must have a license issued from your home state, if you are a MI resident, a license from another state is valid.

I would not chance it it in MI until clarification is published by the state of MI, it is just not worth getting tagged out of state IMO

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davegran said:

With all due respect, Nutczak, have one of your buddies up there give you a little slap to the back of the head. You are showing the exact same close-mindedness that the antis display when confronted by the facts. And that close-mindedness could prove fatal to someone.
We have cited to law, exhibited an in-service document from the Michigan State Patrol, shown you to be wrong, and yet you persist in holding out hope that somehow the facts are incorrect.
I just pray that somebody reading this thread doesn't follow your "opinion" and ends up unarmed in a life or death situation because they thought it was against the law for them to carry in Michigan.

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smithman said:

People, the law in this document is clear. A WI resident who has an out of state carry permit, may OPEN carry, but may not CONCEAL carry.

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 Michigan’s pistol registration requirements.

This is quite clear, and in plain language!! The next sentence adds additional information, for people who live in another state, yet own a firearm which is stored in MI:
Additionally, MCL 28.422 exempts residents of other states from Michigan’s 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.

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