• 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.

Open Carry without a CPL

Raggs

Regular Member
Joined
Jul 18, 2012
Messages
1,190
Location
Wild Wild West Michigan
Open Carry w/out a CPL: by Yancer. Used with permission.

A person without a CPL can legally open carry a pistol as long as the pistol they are carrying has been lawfully purchased in accordance with MCL 28.422 and is registered in their name and they are at least 18 years of age. Without a CPL you may NOT carry a firearm that belongs to and is registered to someone other than yourself.

MCL 28.422(1) states that “except as otherwise provided in this act, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.”

As the above cited law states a person may not carry or possess a firearm without obtaining it in accordance with that particular law. Therefore if you have obtained a firearm in accordance with MCL 28.422 by receiving a permit to purchase or by purchasing a firearm from a Federal Firearms Licensed dealer as the law dictates then you may lawfully open carry that pistol.

There are many places you should be aware of where someone without a CPL may NOT possess a firearm, which includes open carry. The following is the list of prohibited places which is located in MCL 750.234d:

(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:

(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.

(b) A church or other house of religious worship.

(c) A court.

(d) A theatre

(e) A sports arena.

(f) A day care center.

(g) A hospital.

(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.

It is very important that you pay attention to and understand what (h) in the above list is referring to. An establishment that is licensed by the Michigan Liquor Control Commission refers to any business that is licensed by the state of Michigan to sell alcohol. The key phrase here is sell alcohol, it does not matter if it is consumed on the premises, if they are licensed to sell alcohol (and regardless of if they do) you may not possess a firearm on the premises without a valid CPL. Premises include the parking area and surrounding property that the establishment is on. You can find out what businesses in your county are licensed by the Michigan Liquor Control Commission by going to the following website:

http://www2.dleg.state.mi.us/llist/

There is an exception to the above law, MCL 750.234d(2)(d):

(2) This section does not apply to any of the following:

(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.

If you do not have a CPL and you receive permission from the owner or agent of the owner (manager/supervisor) that you are allowed to carry while visiting their establishment then you would not be in violation of the above cited law and you can lawfully open carry at that establishment. We encourage and suggest that the permission is given in written form so you have physical evidence that you were granted permission.

If a location that you are visiting is not listed or does not fall within the above law then you may lawfully open carry there regardless if you possess a CPL or not.

In addition to knowing where you can and cannot go you will also need to know how to get there and back, the following will review how to transport a firearm without a CPL.

Transportation without a CPL:

A person without a CPL is prohibited under MCL 750.227(2) from possessing a firearm in the passenger compartment of a vehicle:

(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

What that means is that you cannot carry a firearm in your vehicle, in Michigan your firearm is considered concealed upon entering a vehicle therefore without a concealed pistol license you would be in violation of the law.

There is an exception for transporting a firearm however you need to be very diligent in making sure you are complying with all aspects of the law, it is very easy to slip and be facing felony charges for carrying a concealed weapon. Below will describe how you can transport your firearm safely and lawfully for open carry if you do not have a CPL.

MCL 750.231a details how someone may lawfully transport a firearm:

(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.

(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.

To transport your pistol you are required to have the pistol unloaded and enclosed in a case that is designed for the storage of firearms and the encased pistol has to be in the trunk of the vehicle or if there is no trunk it has to be not easily accessible to the people in the vehicle. It would be suggested that if you do not have a trunk to have a case that you can lock or place a lock onto, if it ever were to come into question its always best to appear to be making every attempt to comply with the law. The pistol and magazine do NOT have to be separated as it is not a requirement under MCL 750.231a, the firearm has to be unloaded which means no magazine in the firearm and no round chambered. The magazine can be in the same container as the firearm itself as long as the magazine is not loaded into the magazine well while you are transporting.

To ready your firearm for transportation here are the steps to follow:
Walk to the back of the vehicle with your firearms case

With both case and firearm completely outside of the vehicle find a spot to place your firearms case.

Unholster your pistol and remove the magazine and any rounds that might be chambered.

If you prefer you may place the round that was once chambered back into the magazine.

Place both the completely unloaded pistol and the (which is allowed to be loaded) magazine in your firearms case.

Place the firearm which is now located in your firearms case in the trunk of the vehicle and close the trunk.

You are ready to transport.

If you do NOT have a trunk place the encased and completely unloaded firearm at what is preferably the furthest most point in your vehicle where you or someone else will not be able to easily access it, if you have a lock on your firearms case secure the lock into the ‘locked’ state.

When you arrive at the destination where you can lawfully open carry you will need to retrieve your firearm from the trunk for the vehicle, or if there is no trunk from the location you placed the encased firearm. To retrieve your firearm follow the above steps in the reverse order:

Open the trunk (or locate your encased firearm)

Take the encased firearm and yourself completely outside of the vehicle, to include the trunk space

Open the case

Load your firearm

Holster

Place the now empty container back into your trunk or vehicle if you have no trunk

Open carry.

When handling your firearm at your trunk please remember all safe firearm handling practices to avoid any unwanted accidents, the firearm is required to be handled out of necessity due to the current laws, only handle your firearm when necessary and always be safe.

Cites:

MCL 28.422: http://legislature.mi.gov/doc.aspx?mcl-28-422
MCL 750.234d: http://legislature.mi.gov/doc.aspx?mcl-750-234d
MCL 750.227: http://legislature.mi.gov/doc.aspx?mcl-750-227
MCL 750.231a http://legislature.mi.gov/doc.aspx?mcl-750-231a

Also see Michigan State Police Update #86 for more information: http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf
 

jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,025
Location
Central South Sound
Open Carry w/out a CPL: by Yancer. Used with permission.

A person without a CPL can legally open carry a pistol as long as the pistol they are carrying has been lawfully purchased in accordance with MCL 28.422 and is registered in their name and they are at least 18 years of age. Without a CPL you may NOT carry a firearm that belongs to and is registered to someone other than yourself.

MCL 28.422(1) states that “except as otherwise provided in this act, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.”

As the above cited law states a person may not carry or possess a firearm without obtaining it in accordance with that particular law. Therefore if you have obtained a firearm in accordance with MCL 28.422 by receiving a permit to purchase or by purchasing a firearm from a Federal Firearms Licensed dealer as the law dictates then you may lawfully open carry that pistol.

So, here's a question....

All but one of the side arms I own and have purchased in WA, AK, UT, etc... have been private sales and not registered with anyone, per the local laws in those states.... I will be visiting from out of state, so...how does that apply to the above if I bring one of my "unregistered" handguns to carry while I am visiting? (I have my WA CPL).
 

DooFster

Regular Member
Joined
Nov 6, 2010
Messages
445
Location
Nellis AFB, Nevada
My wife and I are from Nevada (since I'm Active Duty, I have a NV resident permit via military orders), and my wife is curious as to whether she can OC without issues. The handgun she will carry is registered in her name here in NV, but I purchased the gun in my name. She has a registration card stating it is registered in her name for Nevada. Is she legal enough to carry openly? I will most likely be CCing.
 
Last edited:

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,448
Location
Lansing, Michigan
My wife and I are from Nevada (since I'm Active Duty, I have a NV resident permit via military orders), and my wife is curious as to whether she can OC without issues. The handgun she will carry is registered in her name here in NV, but I purchased the gun in my name. She has a registration card stating it is registered in her name for Nevada. Is she legal enough to carry openly? I will most likely be CCing.
Please review MCL 28.422. You should find your answer there.
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,337
Location
Hudsonville , Michigan, USA
I did but that doesn't answer the question. Does it apply if we are visiting?
You have a NV resident permit and your wife has a registration card. Your NV resident permit would be indication that you are licensed to carry a concealed pistol in NV. If your wife's registration card is needed to purchase, carry, and/ or transport a pistol, that would serve as her exemption to registering the pistol. In regards to Open Carry you both would then be exempt. If concealed carry comes into play, then you would be OK to conceal on your NV permit; your wife, unfortunately, would be unable to conceal carry. And, in Michigan, she would need to follow the transport law. (MCL 750.231a)

The best resource for a clear overview of the law is this:

http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf

If you have any further questions, feel free to ask...
 

DooFster

Regular Member
Joined
Nov 6, 2010
Messages
445
Location
Nellis AFB, Nevada
I spoke with a desk sergeant at the Lakeview Post (since I'm familiar with the Lakeview Post and I lived in Howard City before enlisting) and she said my wife couldn't carry because she doesn't have a CPL
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,337
Location
Hudsonville , Michigan, USA
I spoke with a desk sergeant at the Lakeview Post (since I'm familiar with the Lakeview Post and I lived in Howard City before enlisting) and she said my wife couldn't carry because she doesn't have a CPL
The desk sergeant is correct IF you were referring to Concealed Carry. OC is different, please refer to MSP Update 86 linked in a previous post. But, I guess the real question is why you asked a cop?
 

DooFster

Regular Member
Joined
Nov 6, 2010
Messages
445
Location
Nellis AFB, Nevada
The desk sergeant is correct IF you were referring to Concealed Carry. OC is different, please refer to MSP Update 86 linked in a previous post. But, I guess the real question is why you asked a cop?
I'm used to asking a cop. I specifically mentioned OC to her. She said "how ironic because we just arrested an out of state resident for doing it.
 

FreeInAZ

Regular Member
Joined
Oct 15, 2012
Messages
2,514
Location
Secret Bunker
Asking a cop for advice on oc is like asking a wolf how one should secure their sheep at night....just saying you are most likely to get the answer the wolf wants & not the truth.... :(
 

FreeInAZ

Regular Member
Joined
Oct 15, 2012
Messages
2,514
Location
Secret Bunker
@Doofster (nice name).
If you are uncomfortable with your wife's ability to OC while in MI maybe she should just refrain from it. If you do decide to both carry - be very careful about her & cars. If she is OCing before she gets in or even touches the car you as a CPL holder should take control of her pistol and get in the car. Then she will be legal to be in the car with you while driving to point A & B. If you are going to a store that sells alcohol, again you must have her pistol, as she cannot without a CPL or equivalent. MI gun law is very confusing to those from the state let alone those from outside of MI. Good luck and stay safe.
 
Last edited:

FreeInAZ

Regular Member
Joined
Oct 15, 2012
Messages
2,514
Location
Secret Bunker
Police can arrest you for anything. Now is it legal to do so? Probably not. Do you have the time and money to fight BS charges, that only you can say.

With a permit that is honored by MI, you should have some protection.

Article 1 Section 6 of the MI constitution uses the word (person) and not resident. So not being a lawyer my opinion means little. But as read it would seem you should be able to open carry - however in MI without a permit you are basically limited to doing so on foot only & in very limited areas as should be mentioned above & in the sticky for this subforum. One thing is certain, MI could benefit from Constitutional Carry IMHO

http://www.legislature.mi.gov/(S(uw...spx?page=GetObject&objectname=mcl-article-i-6
 
Last edited:
Top