stainless1911
Banned
I see.
A place that is not "on or about" my person. Where else will you stash a gun case on a bicycle?
Even better when you have been given specific information that it is lawful. But, like I said, "equitable estoppal" needs to be asserted as a defense, and most people wouldn't assert it. I will NEVER say ANYTHING is truly "binding" because even previous cases can be found to be non-binding to your particular circumstances ie there are no certainties in the law, only probabilities.
Well we have the okay from the MSP, maybe I could carry a copy of what they wrote with me.
You're welcome
You are not doing this for me, I would not ask someone else to do for me without being willing to myself. My post was simply to ask you to be careful as I do not want to see you lose your rights.
For some of these "gray areas", it is easier to get a CPL to "cover yourself"...
I did to, with my then, 6 year old, up until people told me to knock it off, and took the time to explain why.
Why?
Bicycle could be a vehicle ... thus a CPL might be required... Grey area... dark grey
I OC'd on my bike for a while before geting my CPL... but when I rode, I always had my 2 small children with me, so it wasn't like I was threatening looking... never had any problems... even was passed by Lansing Police a couple times.
I know the main argument right now is whether you can be "in" a bicycle. However, IMHO it MAY be brought up in court that it doesn't matter whether the pistol is concealed or not. I know this would probably be a weak argument and not the main point of how we are looking at it but figured I would just say it because you never know with court.whether concealed or otherwise
Does anyone know of a way to transport a pistol on a bicycle that is definitely legal, without a cpl?
I think one part of the law that could get you which I haven't see discussed is this:
I know the main argument right now is whether you can be "in" a bicycle. However, IMHO it MAY be brought up in court that it doesn't matter whether the pistol is concealed or not. I know this would probably be a weak argument and not the main point of how we are looking at it but figured I would just say it because you never know with court.
I understand how hard the MI firearms laws can be. I do not have a MI CPL but I do have two out-of-state carry permits. There is a gray area as to whether or not I am exempt from 750.234d. because I am licensed by another state to carry a concealed pistol. There is case law BEFORE we switched to shall issue that would argue against me, but when you look at the fact they switched the old statue for concealed carry from anyone licensed by another state to anyone licensed by their state of residence and only chose to make it in regards to two of the concealed carry laws and no where else, one could make an argument that the legislature had the opportunity to change the 750.234d. statue to resident permits only but didn't. Sorry to get side tracked.
At first glance, the language of MCL 750.231a(1)(a) appears
unambiguous. "A person holding a valid license to carry a pistol
concealed upon his or her person issued by another state" appears
to apply to any person, and not only a resident of the state that
issued the license. However, when read together with the licensing
requirements for Michigan residents, and in light of the general
purpose of the CCW statute, we find that the legislature intended
the exemption to apply only to nonresidents of Michigan."
and
"It is more reasonable to assume that the exemptions in MCL 750.231a; MSA28.248(1) are designed to apply to persons not covered by the
licensing procedure in place for Michigan residents.