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Thread: LOC is actually LEGAL...in Michigan...

  1. #1
    Regular Member DooFster's Avatar
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    LOC is actually LEGAL...in Michigan...

    First of all, I'm on vacation here in MI visiting family for the holidays, and I recently spoke with a Sergeant at the MSP post in Lakeview, and he told me that we ARE allowed to LOC (with one in the chamber optional) because there's no specific law stating we CAN'T do it and there's no specific law saying we CAN do it. The only drawback though......we can't drive LOC/UOC - the vehicle you're driving in makes the gun "concealed" (even though you can see it through the windows). You have to drive with it in the trunk, locked up in a case...

    This might be brought up in another thread, and for that I do apologize, but I figured you all should know...

    What are the options of bringing this up to the state? Has it been brought up to the state before??
    IT is better to have a gun on you and NOT need it, than to need a gun and NOT have it on you...

  2. #2
    Regular Member TheQ's Avatar
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    Welcome to the free (compared to the People's Republic of California) State of Michigan.

    My primary gun, a Springfield XDm 9mm, has a magazine with 19 rounds, also legal in MI.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  3. #3
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    DooFster welcome to Michigan, at first i did not under stand what loc stood for. but yes we here in Michigan can open carry a loaded fire arm, not just a hand gun! glad to see your post on the Michigan side of open carry. org. have a happy new year, and carry safe.

  4. #4
    Regular Member Jerbear1098's Avatar
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    DooFster, Welcome to the MI side. Actually welcome home for the holidays....

    We have been LOC as you call it since our existence. Article 1 Section 6 of our state constitution.

    6 Bearing of arms.
    Sec. 6. Every person has a right to keep and bear arms for the defense of himself and the
    state.
    History: Const. 1963, Art. I, 6, Eff. Jan. 1, 1964.
    Former Constitution: See Const. 1908, Art. II, 5.

    Michigan Constitution: 1963

    May GOD help you in California.... Especially with the new ammo law in 2011.

    "It isn't that Liberals are ignorant, it's just that they know so much that isn't so" --Ronald Reagan

  5. #5
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    Michigan Law and nonresidents:

    Hello Doofster,

    Your post in not quite accurrate.

    1) Nonresidents of Michigan may possess handguns if they meet these requirements:

    MCL 28.422 states, in part: License to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; nonresidents; basic pistol safety brochure; forging application; implementation during business hours. (red emphasis added by me).

    It also states, in part:

    (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.
    (9) An individual who is a nonresident of this state shall present the license described in subsection (8)(a) upon the demand of a police officer. An individual who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.


    What does this mean for Kalifornian's?


    You must have your California HSC on your person and give it to LEO when he detains you and demands your California HSC.


    2) Transport of weapons in Michigan:


    I may transport my handguns in accordance with MCS 750.231a Exceptions to MCL 750.227(2); specifically paragraph (d) and (e) which state:(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. (blue color and underline added by me).


    NOTE #1: The term "license" referred to in the last paragraph is your California HSC.


    NOTE #2: Long guns in MI are concealable. In Kali they are not. The gun case used must be specifically designed for guns and it does not have to be locked. Rifles and shotguns must be cased in a car, snowmachine, boat, etc.

    I also visited with an MSP officer and a Baraga County Deputy Sheriff. The two were not familiar with nonresident gun laws.

    The Baraga County Clerk's office had a CD with verbal directions for its use; the CD contains an official state document called: Firearms laws of Michigan.


    Go to: http://www.michigan.gov/msp/0,1607,7...654---,00.html


    The MDNR (Fish and Game) website states that nonresidents must have a CCW (CPL) from another state with reciprocity priviliges in MI in order for a nonresident to possess a handgun. I have not found an MCL statute that confirms this. An MSP LEO, a Baraga Deputy Sheriff, and Baraga County Clerk's office could not confirm this.


    MI is one of our newest red states! I am sure glad we own a home in a free state!

    markm

  6. #6
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    Quote Originally Posted by MarkBofRAdvocate View Post
    Hello Doofster,

    Your post in not quite accurrate.

    1) Nonresidents of Michigan may possess handguns if they meet these requirements:

    MCL 28.422 states, in part: License to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; nonresidents; basic pistol safety brochure; forging application; implementation during business hours. (red emphasis added by me).

    It also states, in part:

    (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.
    (9) An individual who is a nonresident of this state shall present the license described in subsection (8)(a) upon the demand of a police officer. An individual who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.


    What does this mean for Kalifornian's?


    You must have your California HSC on your person and give it to LEO when he detains you and demands your California HSC.


    2) Transport of weapons in Michigan:


    I may transport my handguns in accordance with MCS 750.231a Exceptions to MCL 750.227(2); specifically paragraph (d) and (e) which state:(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. (blue color and underline added by me).


    NOTE #1: The term "license" referred to in the last paragraph is your California HSC.


    NOTE #2: Long guns in MI are concealable. In Kali they are not. The gun case used must be specifically designed for guns and it does not have to be locked. Rifles and shotguns must be cased in a car, snowmachine, boat, etc.

    I also visited with an MSP officer and a Baraga County Deputy Sheriff. The two were not familiar with nonresident gun laws.

    The Baraga County Clerk's office had a CD with verbal directions for its use; the CD contains an official state document called: Firearms laws of Michigan.


    Go to: http://www.michigan.gov/msp/0,1607,7...654---,00.html


    The MDNR (Fish and Game) website states that nonresidents must have a CCW (CPL) from another state with reciprocity priviliges in MI in order for a nonresident to possess a handgun. I have not found an MCL statute that confirms this. An MSP LEO, a Baraga Deputy Sheriff, and Baraga County Clerk's office could not confirm this.


    MI is one of our newest red states! I am sure glad we own a home in a free state!

    markm
    A HSC is not required to own a handgun in CA, its a relatively new "certificate" and is only required in purchasing a handgun in CA. The only reason one needs to obtain a HSC is if they are purchasing handguns. I am NOT required to have one just because I happen to already own Handguns in CA.

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