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OC while on a motorcycle.

DanM

DanM

Regular Member
Joined
Jul 11, 2008
Messages
1,928
Location
West Bloomfield, Michigan, USA
DrTodd said:
Jesse Lambert said:
Can I still have it on my hip ?
Click to expand...
Do you have a Michigan CPL?
Click to expand...

If "yes" to CPL, then "yes" to carrying on your hip on a motorcycle. Or any other way of carrying CC or OC on a motorcycle.

If "no" to CPL, then carry "on" a motorcycle is an untested area of the law. Unless you have the time and money to be a test case, I wouldn't advise it.

MCL 750.227 prohibits pistol carry only "in" a vehicle, not "in or upon" a vehicle:
"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."

In other firearms laws, the legislature does make distinctions between vehicles that you may be "in" as well as "upon", and presumably if they wanted to include in MCL 750.227 vehicles that you may be "upon" as well as "in", they would have done so, but they didn't. Examples of other laws mentioning "in or upon" vehicles:
"750.227c Transporting or possessing loaded firearm [other than a pistol] in or upon vehicle . . ."
"750.227d Transporting or possessing firearm [other than a pistol] in or upon motor vehicle or self-propelled vehicle designed for land travel . . ."

Going simply by the letter of the law, as long as you are not "in" your motorcycle, you may OC while upon your motorcycle. But, if you do so, you also have to consider that you may have a prosecutor that would want to test with a jury that motorcycle OC without a CPL is still prohibited by MCL 750.227, and juries sometimes are dice rolls. Like I said, if you have the time and money to be a test case, feel free to OC without a CPL upon your motorcycle. If short of time or money, I would recommend obtaining your CPL before OC'ing upon a motorcycle.

I am not a lawyer, so definitely consult your attorney before making your final decision in this matter.
 
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