28.422 is the section on Permits To Purchase/Possess. The sections that deals with non-Michigan residents is 8 (a-e), & 9.
(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.
This is why, ironically, an Illinois resident with a valid FOID card can possess and openly carry their pistol here in MI but a resident of Vermont, where there is no licensing, cannot. Unless, because of
28.432, the VT resident has a license to conceal issued by any state because 28.432 exempts anybody meeting one of its listed exemptions from the licensing requirements of 28.422.
28.432 Inapplicability of MCL 28.422; amendatory act as “Janet Kukuk act”.
Sec. 12.
(1) Section 2 (Sec. 2 is 28.422 linked above, B) does not apply to any of the following:
(f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.
This would allow the VT resident to possess and openly carry their pistol but they could not conceal (see below).
Interestingly the court has found that the U.S. citizenship requirement in section 3(c) of 28.422 is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.
(c) The person is a citizen of the United States and is a legal resident of this state. For the purposes of this section, a person shall be considered a legal resident of this state if any of the following apply:...
Constitutionality: The Michigan Court of Appeals held in Chan v City of Troy, 220 Mich App 376; 559 NW2d 374 (1997), that the citizen requirement, now MCL 28.422(3)(c), for a permit to purchase a pistol contained in MCL 28.422(3)(b) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and is unconstitutional.
So in order to possess/open carry here you would need to:
a) be a legal resident of MI and obtain a Permit To Purchase/Possess
b) be a legal resident of another state that has some type of licensing scheme which would exempt you from the Permit To Purchase/Possess.
c) be a non-resident of MI that has a non-resident concealed permit issued from some state other than your state of residence.
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750.231a is the law that requires a person who wishes to
concealed carry to have a concealed license from their state of residence.
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.
This is why, for example, a Vermont resident that obtains an out of state permit from another state, like Utah, still cannot concealed carry their pistol in MI.
Unfortunately I don't know how any of this helps in your situation since all of the schemes in place require you to have legal residency in some U.S. State...unless you can find a state that will issue you a non-resident concealed permit without actually having a residence in the U.S.
I am not a lawyer and this is just my layman's take on the law. Please seek competent legal counsel for real answers to your questions.
Bronson