I think it's time we make a Michigan open carry legality quiz that can be taken online.

[DrTodd]

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#23, carrying a shotgun in a vehicle APPEARS TO BE LEGAL anywhere in the vehicle if unloaded and in a case.



MCL324.43513 Carrying, transporting, or possessing firearm, slingshot, bow and arrow, or crossbow; hunting license not required; carrying or possessing unloaded weapon.

Sec. 43513. (1) A person may carry, transport, or possess a firearm without a hunting license if the firearm is unloaded
in both barrel and magazine and either enclosed in a case or carried in a vehicle in a location that is not readily accessible
to any occupant of the vehicle. A person may carry, transport, or possess a slingshot, bow and arrow, or crossbow without
a hunting license if the slingshot, bow, or crossbow is unstrung, enclosed in a case, or carried in a vehicle in a location that
is not readily accessible to any occupant of the vehicle.
(2) Regardless of whether the person has a license or it is open season for the taking of game, a person may carry, transport,
possess or discharge a firearm, a bow and arrow, or a crossbow if all of the following apply:
(a) The person is not taking or attempting to take game but is engaged in 1 or more of the following activities:
(i) Target practice using an identifiable, artificially constructed target or targets.
(ii) Practice with silhouettes, plinking, skeet, or trap.
(iii) Sighting-in the firearm, bow and arrow, or crossbow.
(b) The person is, or is accompanied by or has the permission of, either of the following:
(i) The owner of the property on which the activity under subdivision (a) is taking place.
(ii) The lessee of that property for a term of not less than 1 year.
(c) The owner or lessee of the property does not receive remuneration for the activity under subdivision (a).
(3) A person may carry or possess an unloaded weapon at any time if the person is traveling to or from or participating in a
historical reenactment.

 

[Michigander]

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Does this look better?


(23)- A CPL holder wants to carry a loaded shotgun in the front seat of his car. Does Michigan allow this?
A- This is legal with a CPL, but only if it’s unloaded in the barrel and Magazine
B- Yes, but it must be defined as a pistol by Michigan law, with an overall length of 26-30”, and it must be registered as a pistol as well.
C- Michigan law ONLY allows pistols in the passenger compartment of a car, and bans sawed off shotguns, which are the only shotguns with pistol dimensions, so shotguns in the passenger compartment are illegal.
D- Long guns over 30" can be stored within reach of the passengers of a car, but they must be unloaded and encased.

As far as I know, B and D are right.

If you can think of a better way to write it out, please do.

 

[DrTodd]

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Michigander wrote:

Does this look better?


(23)- A CPL holder wants to carry a loaded shotgun in the front seat of his car. Does Michigan allow this?
A- This is legal with a CPL, but only if it’s unloaded in the barrel and Magazine
B- Yes, but it must be defined as a pistol by Michigan law, with an overall length of 26-30”, and it must be registered as a pistol as well.
C- Michigan law ONLY allows pistols in the passenger compartment of a car, and bans sawed off shotguns, which are the only shotguns with pistol dimensions, so shotguns in the passenger compartment are illegal.
D- Long guns over 30" can be stored within reach of the passengers of a car, but they must be unloaded and encased.

As far as I know, B and D are right.

If you can think of a better way to write it out, please do.

I wasn't really sure it was right, just that it appeared that it would be legal. Perhaps if someone else knows... I guess it depends how one reads it.

Let me be one of the first to give you a big "THANK YOU". This was an excellent idea; it probably was a ton of work, though. It's one thing to just give a synopsis of the most *important* laws, but quite a bit more to put them into a quiz that makes people think. I appreciate the time and energy you've spent on this. I'm very impressed!

Thanks again!

 

[Michigander]

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You're welcome, and yep, there was a lot to writing this out.

But the real work will come when I start writing out explanations of the different laws.:what:

 

[Michigander]

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I just added one more. It's a subject even I find confusing, so once again, I could use some insight on this one from those of you who are more familar with this topic than I am. It seems to me that A is correct, but I'm not completely sure.

(25)- An OCer enjoys riding motorcycles and bicycles. He has no CPL. May he open carry on either?
A-It’s legal, but the law doesn’t define it as well as it should, so he would risk being criminally charged if he did.
B- By Michigan law, a gun is magically concealed as soon as you mount a bicycle or motorcycle, and therefore he must have a CPL to OC on his bikes.
C- Only an idiot could think that an openly holstered pistol is concealed if it’s worn by a cyclist, that is why open carry on bikes of all types is preemptively legal by state law.

 

[DrTodd]

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Michigander wrote:

I just added one more. It's a subject even I find confusing, so once again, I could use some insight on this one from those of you who are more familar with this topic than I am. It seems to me that A is correct, but I'm not completely sure.

(25)- An OCer enjoys riding motorcycles and bicycles. He has no CPL. May he open carry on either?
A-It’s legal, but the law doesn’t define it as well as it should, so he would risk being criminally charged if he did.
B- By Michigan law, a gun is magically concealed as soon as you mount a bicycle or motorcycle, and therefore he must have a CPL to OC on his bikes.
C- Only an idiot could think that an openly holstered pistol is concealed if it’s worn by a cyclist, that is why open carry on bikes of all types is preemptively legal by state law.

I am not an attorney and this is not legal advice.

I think the question has not been adequately answered. Legal interpretation is a dynamic process, what may be seemingly "illegal today" may be deemed "legal" tomorrow. The issue is also confounded with the hierarchical authority that is assigned to actors within the interpretation process. A message from the Michigan State police that something is "legal" is better than nothing, but an AG opinion is better and, a PUBLISHED opinion from a court is even better than the aforementioned opinions. That being the case, in regards to motorcycle/ bicycle carry we have an opinion from the State Police that OC (w/out a cpl) is legal. However, a comment has been made that a court has decided otherwise and, noting the inherent power given to the courts regarding "Legal Interpretation", I would say that a court opinion "trumps" a statement from the state police. But even this response is not wholly adequate, because I am not certain if the opinion is "published" or not, an unpublished opinion having no power to set precedent.
Therefore, the safest course of action would be to state that OC on a motorcycle or bicycle is prohibited. Is this something that I would be willing assert unequivocally? Definitely not, but noting the history of how OC on a motorcycle/bicycle has been interpreted, and the possible ramifications for individuals who choose to OC in such a manner, I believe it is the wisest course of action to consider OC on either a bicycle or a motorcycle as a violation of the law.

 

[Venator]

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Michigander wrote:

I just added one more. It's a subject even I find confusing, so once again, I could use some insight on this one from those of you who are more familar with this topic than I am. It seems to me that A is correct, but I'm not completely sure.

(25)- An OCer enjoys riding motorcycles and bicycles. He has no CPL. May he open carry on either?
A-It’s legal, but the law doesn’t define it as well as it should, so he would risk being criminally charged if he did.
B- By Michigan law, a gun is magically concealed as soon as you mount a bicycle or motorcycle, and therefore he must have a CPL to OC on his bikes.
C- Only an idiot could think that an openly holstered pistol is concealed if it’s worn by a cyclist, that is why open carry on bikes of all types is preemptively legal by state law.

I would only have questions that have a correct answer supported by a law or lack of a law forbidding it. I would NOT include questions that involve gray areas.

 

[Michigander]

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I think gray areas are important, because we should stay on the careful side of the gray area. People need to know about things that may be legal that they could get sent to prison for.

I'm gonna try to revise the question.

Edit: Here is the new version :

(25)- An OCer enjoys riding motorcycles and bicycles. He has no CPL. May he open carry on either?
A-It appears to be legal, but the law doesn’t define it as well as it should, so he would risk being criminally charged if he did it. It is completely non advisable as of this writing.
B- By Michigan law, a gun is magically concealed as soon as you mount a bicycle or motorcycle, and therefore he must have a CPL to OC on his bikes.
C- Only an idiot could think that an openly holstered pistol is concealed if it’s worn by a cyclist, that is why open carry on bikes of all types is preemptively legal by state law.