Results 1 to 2 of 2

Thread: MCCA is/might be relevant to open carry after all

  1. #1
    Regular Member
    Join Date
    Sep 2008
    Location
    Oakland County, Michigan, USA
    Posts
    47

    MCCA is/might be relevant to open carry after all

    According to the MCCA regulations, this subject might be relevant to the open carry issue after all. Let me explain. According to the MCCA they only consider a Motorcycle a motor vehicle in certain situations.

    Q: Are snowmobile and motorcycle accidents covered by No-Fault?
    A: Only if a motor vehicle is involved in the accident. Snowmobiles and motorcycles are not considered to be motor vehicles. If a snowmobile or motorcycle collides with a tree or flips over, there is NO No-Fault coverage. However, if a motorcycle or snow mobile is hit by a car or truck, then a motor vehicle is involved and there IS No-Fault coverage.

    If the MCCA considers motorcycles a motor vehicle ONLY IF involved in an accident WITH an automobile or truck, then how can Michigan firearms law consider open carry on a motorcycle concealed? The only answer I can think of is the word “vehicle” any vehicle.

    This information might be relevant should there ever be a "test case" if someone that does not have a CPL is riding their bike, riding their lawn mower, or unicycle etc and happens to ride on the sidewalk while open carrying.

  2. #2
    Regular Member DanM's Avatar
    Join Date
    Jul 2008
    Location
    West Bloomfield, Michigan, USA
    Posts
    1,937
    Quote Originally Posted by maybeifulucky
    If the MCCA considers motorcycles a motor vehicle ONLY IF involved in an accident WITH an automobile or truck, then how can Michigan firearms law consider open carry on a motorcycle concealed?
    The language of the law does not "consider" a pistol carried in a vehicle as "concealed". It simply outlaws it (if you don't have the proper license). In fact, the law clearly makes a distinction that pistols in vehicles may be "concealed" or "otherwise". See the bolded part in the quote below.

    "750.227 Concealed weapons; carrying; penalty. . . .
    (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."

    How the MCCA defines "vehicle" is simply of probably little relevance. "Vehicle" has many different defined and implied meanings throughout the MCL. However, an interesting point about the language above is that pistol carry is outlawed "in" a vehicle. There is at least one instance of a Michigan attorney, on behalf of his client, exploring this literally in examining a witness and asking if the witness was testifying that his client was "in" the client's motorcycle.

    However, this is yet another "gray area" of the law, with regard to exactly what is meant by "vehicle" in 750.227.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    “He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •