• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Places that I can OC but not CC?

kmcdowel

Regular Member
Joined
Dec 31, 2007
Messages
253
Location
Marquette, Michigan, USA
imported post

Leader wrote:
A pistol is subject to immediate seizure if the CCW permit holder is carrying a pistol in a "pistol free" area. The following penalties may also be imposed:



  • [font="Arial, Helvetica"]First offense: State Civil Infraction, $500 fine, CCW permit suspended 6 months[/font]
  • [font="Arial, Helvetica"]Second offense: 90-day misdemeanor, $1000 fine, CCW permit revoked[/font]
  • [font="Arial, Helvetica"]Third and subsequent offenses: 4-year felony, $5000 fine, CCW permit revoked[/font]
  • This does not say "subject to immediate seizure if the CCW permit holder is carrying a concealed pistol in a ..." More misinformation that the MSP should correct? Nothing said here is actually wrong, just left out a few details.
It is wrong, per the MSP I can "carry a pistol in a pistol free area." Thanks for your other responses, what a hassle to loan someone your pistol..-Kevin
 

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
imported post

kmcdowel wrote:
Leader wrote:
A pistol is subject to immediate seizure if the CCW permit holder is carrying a pistol in a "pistol free" area. The following penalties may also be imposed:



  • [font="Arial, Helvetica"]First offense: State Civil Infraction, $500 fine, CCW permit suspended 6 months[/font]
  • [font="Arial, Helvetica"]Second offense: 90-day misdemeanor, $1000 fine, CCW permit revoked[/font]
  • [font="Arial, Helvetica"]Third and subsequent offenses: 4-year felony, $5000 fine, CCW permit revoked[/font]
  • This does not say "subject to immediate seizure if the CCW permit holder is carrying a concealed pistol in a ..." More misinformation that the MSP should correct? Nothing said here is actually wrong, just left out a few details.
It is wrong, per the MSP I can "carry a pistol in a pistol free area." Thanks for your other responses, what a hassle to loan someone your pistol..-Kevin

A pistol is subject to immediate seizure if the CCW permit holder is carrying a pistol in a "pistol free" area. The following penalties may also be imposed:

I agree with leader...Few details. They are implying the permit holder is carrying concealed. IMO
 

kmcdowel

Regular Member
Joined
Dec 31, 2007
Messages
253
Location
Marquette, Michigan, USA
imported post

SpringerXDacp wrote:
I agree with leader...Few details. They are implying the permit holder is carrying concealed. IMO
oooooooook....I just wish they would have a section about OC and let Michigan know the full extent of their rights.
 

Jared

Regular Member
Joined
Jul 8, 2006
Messages
892
Location
Michigan, USA
imported post

kmcdowel wrote:
SpringerXDacp wrote: oooooooook....I just wish they would have a section about OC and let Michigan know the full extent of their rights.

Lonnie Wilson and I have let Michigan folks know on this forum for a long time now, but the local hacks were afraid and told us that we were wrong. Now that you all know about this, it's time that you all start open carrying a little more often; however, I STRONGLY advise open carrying in a school, that WILL get the law changed.

I'm sure you all already know this, but I thought I'd mention it... wait a minute, didn't Michael Moore move back to Michigan, I could see him doing this just to get the law changed..... well, his jelly rolls would probably roll over the gun and conceal it :)



Remember, you do not need a MI CPL to do this, you can OC with a license to carry from any state, it does not have to be your home state; however, in a vehicle, you need a Michigan or home state permit to do carry in your car or truck.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

Leader wrote:
Venator....,.

Your 3rd point deals with "PRIVATE DETECTIVES" and does NOT apply to most of us.

Although the laws are the same for us as too open carry. The PI license gives the PI the option of carrying consealed in places we can't.

Read the opinion closely. There are two statutes. She said that a private investigator is the same as anyone else with a CPL. She states that if you have a CPL you can carry openly in the restricted zones in MCL 750.234d because it has an exemption for CPL holders. (Thus, any person licensed to carry a concealed pistol, including a private investigator, is exempt from the gun-free zone restrictions imposed by [/b]section 234d of the Penal Code and may therefore possess firearms while on the types of premises listed in that statute.)

She also states that you can't carry CONCEALED in those zones that are listed on the CPL card under 5o of the CPLstatue. (The latter statute, which contains no exemptions, prohibits concealed weapon licensees from carrying a concealed pistol in certain protected gun-free zones). Read it again.



Hope this clears it up.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

kmcdowel wrote:
[font="Arial, Helvetica"]6. What are the steps necessary to purchase and legally possess a pistol in Michigan without a concealed pistol license?[/font]

[font="Arial, Helvetica"]MCL 28.422 & MCL 28.429 The prospective purchaser must successfully pass (70% or more) a basic pistol safety questionnaire and obtain a License to Purchase, which is valid for 10 days, from the local law enforcement agency. The purchaser must sign a notarized sworn statement that they meet the Michigan qualifications to purchase/obtain a pistol. At the time of the purchase, the purchaser and the seller complete the form. The License to Purchase, along with the pistol, must be returned to the local law enforcement agency within 10 days to obtain a Safety Inspection Certificate (registration).[/font]

Is this stating that if one wants to OC and doesn't have a CPL they must pass the questionnaire? Seems like more misinformation, and the "and legally possess" part of the question should be removed.
If you want to OC without a CPL you can only carry the gun that is registered to YOU. So yes you need to register it and pass the test before you OC. When they register the gun they also check for any warrants on you. And may check on your criminal record, I'm not sure on that.


[font="Arial, Helvetica"]10. I have just moved to Michigan from another state. How much time do I have to register my pistols?[/font]

[font="Arial, Helvetica"]MCL 28.422 & MCL 28.429 Upon establishing legal residency, you should immediately contact your local law enforcement agency, pass the basic safety questionnaire, and complete both a License to Purchase and Safety Inspection Certificate.[/font]

This question doesn't even mentioning purchase, and states that one must pass the questionnaire, complete a license to purchase, and safety inspection. If someone wants to OC must they register their pistol?

If you move to Michigan you have to register your gun the same way as if you bought it. So yes you have to register the gun to be legal, once you are legal you can OC with that gun.


[font="Arial, Helvetica"]3. Is it okay if I loan my pistol to a friend? [/font]

[font="Arial, Helvetica"]MCL 28.432 An individual can carry, possess, use or transport a pistol belonging to another individual, if the pistol is properly licensed and inspected under the Act, and the individual carrying, possessing, using or transporting the pistol has obtained a license to carry a pistol concealed permit from Michigan[/font]

A whole 'nother issue...what if the person borrowing does not want to carry concealed?
If you have a CPL you can posses(carry) a gun legally registered to another person. If you DO NOT have a CPL you can't borrow someone else's gun but you can loan your gun to a CPL holder.



[font="Arial, Helvetica"][/font]
 

WARCHILD

Regular Member
Joined
Feb 18, 2008
Messages
1,768
Location
Corunna, Michigan, USA
imported post

News flash for me. If I understand this correctly, you are saying I can possess a firearm registered to another person and vice versaas long as I/we have a valid CPL?
 

WARCHILD

Regular Member
Joined
Feb 18, 2008
Messages
1,768
Location
Corunna, Michigan, USA
imported post

Correct me if I'm wrong. My son has asked about purchase also. I seem to remember reading somewhere, you must be 21yrs old to buy from a licensed dealer, but if I remember right, you only have to be 18yrs old to buy from a private individual. Following the same purchase requirements as normal. The only difference being the age and private party sale. Lay on the truth grasshopper!
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

WARCHILD wrote:
News flash for me. If I understand this correctly, you are saying I can possess a firearm registered to another person and vice versaas long as I/we have a valid CPL?
It's true. The law was recently changed so that a CPL holder can carry any legal handgun. So if your wife, son, friend, did not have a CPL but had guns in their name you can carry them if you have a CPL.They CAN NOT carry any of yours without a CPL. This was covered in the article I wrote for the Lansing State Journal. Re-read it and the statute on this, I believe is referenced there. It's great news for CPL holders.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

WARCHILD wrote:
Correct me if I'm wrong. My son has asked about purchase also. I seem to remember reading somewhere, you must be 21yrs old to buy from a licensed dealer, but if I remember right, you only have to be 18yrs old to buy from a private individual. Following the same purchase requirements as normal. The only difference being the age and private party sale. Lay on the truth grasshopper!
You are CORRECT. If you are under 21 you can own a handgun if you are given it as a gift, inherit it, or buy it from a non licensed dealer. So you could buy a gun for them and give it as a gift or sell it to them as long as you are not a licensed dealer.
 

Ruger001

Regular Member
Joined
Feb 26, 2008
Messages
20
Location
, ,
imported post

Venator wrote:
You are CORRECT. If you are under 21 you can own a handgun if you are given it as a gift, inherit it, or buy it from a non licensed dealer. So you could buy a gun for them and give it as a gift or sell it to them as long as you are not a licensed dealer.
Make sure that it is for a "gift". Then is legal.If intent is to purchase handgun from dealer and turn around a sell the gun to under 21, would not be legal.Isa catch 22 and spelled out on ATFform 4473..;)
 

WARCHILD

Regular Member
Joined
Feb 18, 2008
Messages
1,768
Location
Corunna, Michigan, USA
imported post

Malainse: You are correct, the term they use is a "Straw Purchase". I have done this MANY times over the last 30yrs. For my sons, until they could buy them on their own. I have NEVER done it nor will I ever straw purchase for anyone else. From my conversasions with an ATF rep. in Detroit, their rule of thumb for investigaion of a straw purchase (as I was told, for what it's worth). This applies to both long guns and pistols, with more attention paid to the pistols. Any weapon can be given as a gift. It's difficult to prove a straw purchase unless you make a habit of it. These occasions are what may throw up a red flag if you exceed them.

1. Wait at least 10 after purchase before sale

2. Try not to purchase more than 3 weapons per month

3. Sell no more than 5 per yr without an FFL

This I found out from personal experience. A gunshop was broken into a few years back and the guns were recovered. They had a SALE I couldn't refuse and I bought 6 handguns on the spot. Exactly one week to the day I got a phone call from an ATF agent in Detroit. He was interested in the amount of purchases I had made in one day. So I explained to him what the circumstances were and he was ok with that. This is when he informed me what criteria they look at for investigation. This is all open for interpretation, just food for thought.

I wasn't going to say this but maybe you could all use a little humor. Do you think the ATF agent may have called me because at the time I was a "POSTAL WORKER" (now retired). Nawwww--- probably never crossed his mind-- yeah, right!
 
Top