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Out of State Michigan Pistol, Question ??????

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
I often think about visiting my friends in the states I study and read and write with, for one week,
and i would take the guns i have that are appropriate to the states i would visit.
and I have a book bag/lock box for those pesky GFSZ problem areas.
I've always liked your michigan pistol law, but dont care for any kind of registration.
we dont have any registration in washington, but we dont have michigan pistols either.

so since i cant have one, I got the next best thing,
an AK-47 Pistol!

In any state that i can carry a loaded pistol in a car,
i can carry a rifle caliber,
an almost michigan pistol,
and an almost a Real rifle, LOADED!

So, I ALSO have a folding AK-47 rifle, with lots of tacticool lasers and light and reflex sights, and a bipod,
the PERFECT michigan pistol.

So the question IS!!!,,,
If i visit Michigan with my guns and my recognized and honored
washington state CPL,
CAN I TAKE my folding AK-47 Rifle, LOADED!!!, in my Car??

I would be carrying in accordance with machigan state law,
But my rifle would not be registered as a pistol,
and i would not have a permit to purchase a pistol.
 
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Michigander

Regular Member
Joined
Aug 24, 2007
Messages
4,818
Location
Mulligan's Valley
You need to comply with both Michigan law, and the restrictions on your license while carrying as a non resident in Michigan, in addition to the federal GFSZA which doesn't allow you to carry near a school without a Michigan license, which you obviously don't have.

As you may know, racist legislators and lobbyists in the 1920's mandated that ALL handguns must be registered, and the registration law defines itself as a licensing process, and exempts from this process licensed people from out of state. In essence, any handgun in Michigan MUST be licensed to be possessed under any circumstance.

So, my opinion would be that unless your Washington license explicitly licenses you to carry Michigan pistols in Washington, don't bring it. OR you can have it here in a configuration of at least 30", and possess it lawfully in certain circumstances as a Federal and State rifle.

If you're dead set on car carrying a x39, the easiest and best option is likely the federal and state AK pistol. I do NOT suggest you try to carry a Michigan pistol in Michigan, period.
 
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DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
Michigander,
Are you saying that, from a legal standpoint, he should NOT carry a "Michigan Pistol" (firearm measures <30 in.) while in Michigan even though he has a CPL from Washington state??
 

Greyh Seer

Regular Member
Joined
Jun 9, 2011
Messages
58
Location
Michigan
Maybe I'm confused, but without a CPL, wouldn't any handgun that wasn't purchased with a PPP be illegal?

28.422

Sec. 2. (1) Except as otherwise provided in this section, a person shall not purchase, carry, possess, or
transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section
.

<<SNIP>>

(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.
 
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autosurgeon

Regular Member
Joined
Sep 29, 2008
Messages
3,831
Location
Lawrence, Michigan, United States
IMOP and INAL...

If he has a valid license for the concealing of a pistol from his home state and that license is recognized by MI. Then he should be able to carry any pistol whether it is a pistol by state law in his home state or not.

Really the big deal with MI Pistols is that they have to be registered in MI. However his out of state CPL would exempt him from registering anything that MI deems a pistol. Remember this is only a state law issue and unless his home state had a specific restriction on carrying firearms that meet the definition of a MI pistol the fact that they are silent on the matter does not IMOP a restriction make!

And that is my Opinion based on my understanding of the law.
 

Michigander

Regular Member
Joined
Aug 24, 2007
Messages
4,818
Location
Mulligan's Valley
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.

SNIP

You could argue that Washington's definition of pistol changes into Michigan's when and if 1245 comes to Michigan with a 26-30" long gun. You could also argue that just having the license for a "pistol" of any kind, even just a black powder carry permit (hypothetically speaking since none likely exist other than for hunting) would enable a person to open carry any Michigan recognized pistol in Michigan under this statute, so long as it doesn't say NOT to carry a particular pistol.

But, you could also say that because it isn't specifically licensed (maybe, I don't know what the Washington permit is good for), it isn't exempt, and the possession would be unlawful.

To me, it seems like minimally a gray area, though I'd love to be proven wrong.
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
IMOP and INAL...

If he has a valid license for the concealing of a pistol from his home state and that license is recognized by MI. Then he should be able to carry any pistol whether it is a pistol by state law in his home state or not.

Really the big deal with MI Pistols is that they have to be registered in MI. However his out of state CPL would exempt him from registering anything that MI deems a pistol. Remember this is only a state law issue and unless his home state had a specific restriction on carrying firearms that meet the definition of a MI pistol the fact that they are silent on the matter does not IMOP a restriction make!

And that is my Opinion based on my understanding of the law.

Mine also.
 
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