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Deer Private Propertry No CPL

stainless1911

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Dec 19, 2009
Messages
8,855
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Davisburg, Michigan, United States
My friend went deer hunting, told me he was carrying his handgun and I know he has no CPL. When I told him he couldn't do that, he said that it was on his friends private property, so I told him I would come on here and find out. I told him that IIRC, he would have to be the property owner to do that. What do you guys think? He was OC
 

Bailenforcer

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Wait a minute, I am a little confused here. If I allow my guests or friends and or family to CC on my property its not legal, that makes no damned sense. It is my property I should be the one making the laws or rules as to who can carry and how they carry as long as it is ON my property. Can anyone clarify this.


Depends. Was he OC or CC.

To CC it would have to be his property that he owned or leased.

To OC I think he would be fine.
 
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autosurgeon

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Sep 29, 2008
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3,831
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Lawrence, Michigan, United States
You as a property owner cannot give another person permission to CC as silly as that sounds. The only way a person can CC anywhere other than your own property is the little blue card.

You can however give permission to OC even in most PFZ's
 

scot623

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Oct 2, 2009
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Eastpointe, Michigan, USA
3.* Do I need a concealed pistol permit to carry my pistols while walking through the woods near my cabin in Michigan? If not, are there any restrictions on how or where the gun is carried?*

MCL 750.227*allows you to carry a pistol concealed or not if you are in your own home or on your own property.* If you do not own the land, no license is needed to carry a pistol as long as it is exposed.* However, should a person cover the pistol during inclement weather with a jacket or coat or get into a vehicle, the pistol would be concealed, and the carrier would place himself in jeopardy unless he possessed a concealed pistol permit.* Per Attorney General's opinion #3158 dated February 14, 1945, a holster, in plain view, is not considered concealed. Department of Natural Resources regulations require a person to have a valid Michigan hunting license if in an area inhabited by wildlife, while in possession of a firearm.*
 

Coded-Dude

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Roseville
so the question begs: if it truly is private property, who would be there to enforce such law.

*statement made assuming trespassing is prohibited unless otherwise authorized by the property owner*
 

Onnie

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Maybee, Michigan
so the question begs: if it truly is private property, who would be there to enforce such law.

*statement made assuming trespassing is prohibited unless otherwise authorized by the property owner*
DNR thats who

1993, I was walking out of the woods on our own property of 40 acres in the UP and I was dab smack in the middle of our property. 10 miles from the main road, 20 miles from town. I walked to OUR road where my brother-in-law picked me up in his truck. As it was common for us all to take the round out of the chamber but leave the mag in the rifle and throw it behind the sit, something I have dont 100's of times and did so again on this day. As the vehicle begain to move, a dnr vehicle came around the curve and stopped up, lights flashing and all that jazz. He wanted to see our tags. looked in the back of the bed of the truck, seen empty rifle cases and asked where was our rifles...

long story short.........3 of us got tickets for carrying a loaded rifle in a vehicle....

please remember this was on private property, 20 miles from town and 10 miles in the woods on a private built road.

I took it to court on the private property issue in 1994...........I lost I paid around 100.00 in fines
 
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CharleyMarbles

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Jun 3, 2010
Messages
151
Location
Clio, Michigan, USA
DNR thats who

1993, I was walking out of the woods on our own property of 40 acres in the UP and I was dab smack in the middle of our property. 10 miles from the main road, 20 miles from town. I walked to OUR road where my brother-in-law picked me up in his truck. As it was common for us all to take the round out of the chamber but leave the mag in the rifle and throw it behind the sit, something I have dont 100's of times and did so again on this day. As the vehicle begain to move, a dnr vehicle came around the curve and stopped up, lights flashing and all that jazz. He wanted to see our tags. looked in the back of the bed of the truck, seen empty rifle cases and asked where was our rifles...

long story short.........3 of us got tickets for carrying a loaded rifle in a vehicle....

please remember this was on private property, 20 miles from town and 10 miles in the woods on a private built road.

I took it to court on the private property issue in 1994...........I lost I paid around 100.00 in fines

I would think you could have counter sued for trespass as well as possible 4th amendment rights violations the DNR had no right to be on your property with out a proper warrant as I read the laws??? Can anyone with more knowladge than I please correct my interpitation of the law if needed ???
 

Coded-Dude

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Roseville
[edit] so your land is not private property...only your house that resides on that land?
 
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warrior1978

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[edit] so your land is not private property...only your house that resides on that land?

A search warrant is required if there is a reasonable expectation of privacy. No expectation of privacy, no search warrant required. Open fields doctrine basically says that outside the immediate area around a dwelling, a search warrant is not required.

Trespass is still trespass. Law Enforcement may trespass for a variety reasons but may not trespass for no reason. Trespass and needing a search warrant are two seperate animals.
 

CharleyMarbles

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Clio, Michigan, USA

Thats the biggest pile of HS I have heard in my life. I could see that working if say they have from a distance spotted illeagle flora on your property, How ever the funny thing about that is THEY WILL ALLWAYS GET A WARRENT in such cases before they storm the compound so to speak. My issue is not so much about that as it is that they were APERENTLY Patroling the family's PRIVATE LAND instead of doing the job we pay them for and patroling public lands.

Now just to play devils advocate here is it possible they were trying to hide out and got cought and this was a face saveing measure? I mean if I were inclined to try and skip out on my responsibilitys I would NOT be hidding on public land where one of my fellow agents or even a supervisor might stumble on me???Just a thought but I still think your land is one of your "effects" for the purposes of the law ??? Just my two chunks of coppe.... errr.. copper COLORED alluminum LOL
 

Bailenforcer

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That last line is scary. On my property surrounded by the Mackinac State forest so I am surrounded by wildlife, so what do I need a hunting license to carry on my property. It seems the legislatures in this country deliberately confuse laws to steal our birthright sometimes called Constitutional rights.


3.* Department of Natural Resources regulations require a person to have a valid Michigan hunting license if in an area inhabited by wildlife, while in possession of a firearm.*
 

Bailenforcer

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Nov 3, 2009
Messages
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City
Get a land patent I guess. This is getting ridiculous we have no damned rights any more...


DNR thats who

1993, I was walking out of the woods on our own property of 40 acres in the UP and I was dab smack in the middle of our property. 10 miles from the main road, 20 miles from town. I walked to OUR road where my brother-in-law picked me up in his truck. As it was common for us all to take the round out of the chamber but leave the mag in the rifle and throw it behind the sit, something I have dont 100's of times and did so again on this day. As the vehicle begain to move, a dnr vehicle came around the curve and stopped up, lights flashing and all that jazz. He wanted to see our tags. looked in the back of the bed of the truck, seen empty rifle cases and asked where was our rifles...

long story short.........3 of us got tickets for carrying a loaded rifle in a vehicle....

please remember this was on private property, 20 miles from town and 10 miles in the woods on a private built road.

I took it to court on the private property issue in 1994...........I lost I paid around 100.00 in fines
 

scot623

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Oct 2, 2009
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1,421
Location
Eastpointe, Michigan, USA
That last line is scary. On my property surrounded by the Mackinac State forest so I am surrounded by wildlife, so what do I need a hunting license to carry on my property. It seems the legislatures in this country deliberately confuse laws to steal our birthright sometimes called Constitutional rights.

Now that CPL holders can legally take feral swine on sight, I wonder if that gets us around that clause. Thoughts?
 

Onnie

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Sep 16, 2010
Messages
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Location
Maybee, Michigan
If I remember right, its back nearly 20 years ago and my memory is not as sharp as I would like it to be

as i recall the explination DNR has the right to ask anyone hunting or supected of hunting be it private or public lands to see their tag

the guns came to play when he seen the empty cases. at that point he had reasonable cause to search the vehicle

the reason he was on the land in the first place was to inspect the cabin and camp to ensure all our deer were tagged, we did not invite him on the land and there was no violations in camp. he just happen to come upon us on his way out
 

CharleyMarbles

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Jun 3, 2010
Messages
151
Location
Clio, Michigan, USA
If I remember right, its back nearly 20 years ago and my memory is not as sharp as I would like it to be

as i recall the explination DNR has the right to ask anyone hunting or supected of hunting be it private or public lands to see their tag

the guns came to play when he seen the empty cases. at that point he had reasonable cause to search the vehicle

the reason he was on the land in the first place was to inspect the cabin and camp to ensure all our deer were tagged, we did not invite him on the land and there was no violations in camp. he just happen to come upon us on his way out

SO IMHO just a clear overreach of athority ????
 
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