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Thread: Is it legal to carry another persons gun?

  1. #1
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    Is it legal to carry another persons gun?

    I dont live in Michigan but was wondering, is it legal for a CPL holder to barrow a gun to carry from another CPL holder? If so, could you please post a copy of the law.

  2. #2
    Regular Member Yooper's Avatar
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    Yes, as long as the person borrowing the gun has a cpl, the person who loaned the gun does NOT need to have a cpl. I'll see if I can find the law....
    Oh, this applies to handguns only, not to rifles/shotguns, anyone (except those prohibited) can loan/borrow them.
    Rand Paul 2016

  3. #3
    Regular Member xmanhockey7's Avatar
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    Here it is:
    28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; nonresidents; basic pistol safety brochure; forging application; implementation during business hours.

    28.432 Inapplicability of MCL 28.422; amendatory act as “Janet Kukuk act”.
    (i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.
    "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

  4. #4
    Regular Member cmdr_iceman71's Avatar
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    Let's say the person in question does have a valid CPL but wishes to borrow someone's gun who is from a state where they do not require registration. What are they to do when detained for OCing and the LEOs try to run the serial numbers? The LEOs argument is: "We are confiscating the handgun because it isnt registered."
    "Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth." - President George Washington

    "Timid men prefer the calm of despotism to the tempestuous sea of liberty." - Thomas Jefferson

    "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself." - Thomas Paine

  5. #5
    Regular Member OngoingFreedom's Avatar
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    Is this relevent to Michigan? I can't tell on Tapatalk.


    Sent from my iPad using Tapatalk
    Last edited by OngoingFreedom; 11-23-2011 at 12:06 AM.

  6. #6
    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by OngoingFreedom View Post
    Is this relevent to Michigan? I can't tell on Tapatalk.


    Sent from my iPad using Tapatalk
    Yes
    "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

  7. #7
    Regular Member OngoingFreedom's Avatar
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    Thanks.

    I guess I should add more... I just re-read my comment and realized it sounds sarcastic but was genuinely asked. Tapatalk works great but apparently leaves some info out, like when looking at new posts the forum the new post is from is a mystery.

    Sent from my Samsung Galaxy S using Tapatalk

  8. #8
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by cmdr_iceman71 View Post
    Let's say the person in question does have a valid CPL but wishes to borrow someone's gun who is from a state where they do not require registration. What are they to do when detained for OCing and the LEOs try to run the serial numbers? The LEOs argument is: "We are confiscating the handgun because it isnt registered."
    The law says you can possess any lawful pistol. The only way they could keep it lawfully is if it was reported stolen and was on some stolen list. Only 8 states require pistol registration so the odds are good that an out of state handgun is NOT registered.

    FIREARMS (EXCERPT)Act 372 of 1927
    28.432 Inapplicability of MCL 28.422; amendatory act as “Janet Kukuk act”.
    ....
    Sec. 12. (1) Section 2 does not apply to any of the followingi) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if theother individual's possession of the pistol is authorized by law and the individual carrying, possessing, using,or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from
    licensure as provided in section 12a.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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