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Thread: Questions about vehicle carry

  1. #1
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    Questions about vehicle carry

    I do not have a CPL. I have been openly carrying my pistol for about a year now mostly around my neighborhood after reading this forum and trying to decipher Michigan's firearms laws . These are some questions that have come up after a recent traffic stop.

    My questions are in regards to transportation of a properly unloaded pistol in a locked case designed for transportation inside a vehicle and disclosure to police when approached, without a CPL.

    #1. Is disclosure of the pistol required when approached during a traffic stop?
    The only thing I have read so far about disclosure is "28.425f(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle."

    #2. If an LEO asks if I am carrying any firearms do I have to answer it by law?

    #3. Would the presence of an empty holster be RAS or PC for a search of the Vehicle?

    I am sure I will come up with more questions after I have had some sleep, Thanks.

  2. #2
    Regular Member TheQ's Avatar
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    Quote Originally Posted by Nexela View Post
    I do not have a CPL. I have been openly carrying my pistol for about a year now mostly around my neighborhood after reading this forum and trying to decipher Michigan's firearms laws . These are some questions that have come up after a recent traffic stop.

    My questions are in regards to transportation of a properly unloaded pistol in a locked case designed for transportation inside a vehicle and disclosure to police when approached, without a CPL.

    #1. Is disclosure of the pistol required when approached during a traffic stop?
    The only thing I have read so far about disclosure is "28.425f(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle."
    If you don't have a CPL and the Gun is Properly transported in your trunk (in a case designed to hold a firearm and unloaded) then you shouldn't say dick to the cop about the gun in the trunk.

    Watch this video:

    Quote Originally Posted by Nexela View Post
    #2. If an LEO asks if I am carrying any firearms do I have to answer it by law?
    Nope. I'd say, "I understand you're only trying to do your job, officer, but I'd rather not discuss the content of my vehicle or answer any of your questions."
    Quote Originally Posted by Nexela View Post
    #3. Would the presence of an empty holster be RAS or PC for a search of the Vehicle?
    It may be PC that you unlawfully have a gun in the car (ex: in the cabin area). I'm not sure. Play it safe and keep the holster in the trunk.
    Last edited by TheQ; 07-17-2011 at 02:47 AM.
    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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    I was carrying a holster,empty without a CPL. I can tell you that the cop had no problem at all using it for RAS that I might have a gun in the car illegally. I was carrying in compliance with MCL 750.231a, lawful transport, but I was detained and searched.

  4. #4
    Regular Member TheQ's Avatar
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    Quote Originally Posted by stainless1911 View Post
    I was carrying a holster,empty without a CPL. I can tell you that the cop had no problem at all using it for RAS that I might have a gun in the car illegally. I was carrying in compliance with MCL 750.231a, lawful transport, but I was detained and searched.
    Like I said. Keep it in the trunk.
    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.

  5. #5
    Regular Member xmanhockey7's Avatar
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    If they ask if you have any in the vehicle say you have nothing that will hurt them. If they want to know more then tell them you don't wish to discuss the contents of your vehicle.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  6. #6
    Regular Member eastmeyers's Avatar
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    The advice you have gotten so far is spot on, take it.

    ETA: Welcome to OCDO!
    Last edited by eastmeyers; 07-17-2011 at 02:21 PM.
    "Bam, I like saying bam when I cite something, in fact I think I shall do this from here on out, as long as I remember.
    Bam!" - eastmeyers

    "Then said he to them, But now he that hath a purse, let him take it, and likewise his sack: and he that hath no sword, let him sell his garment, and buy one."
    Luke 22:36
    God Bless

  7. #7
    Regular Member TheQ's Avatar
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    You could also say, "there is nothing unlawful in my vehicle".
    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.

  8. #8
    Michigan Moderator DrTodd's Avatar
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    RAS is always a totality of the circumstances... and therefore a case-by-case issue. I personally would never say anything that could be construed as "lying". I would never say "I have nothing illegal in the car" or "nothing that could hurt you" because that requires a judgement that I am not qualified to make. The few times I have been stopped, I've only been asked once... at which point I asked why he was stopping me and led the conversation in that direction.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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