I want good debate, and i want this picked apart til there is no Doubt.
I shall do my best good Sir
Now the question is does my .44 have rifling?
I know very little about black powder guns but these two 1851 Navy replica pistols sure appear to have rifled barrels
http://www.gunbroker.com/Auction/ViewItem.aspx?Item=213608692. I couldn't say for certain whether yours does.
and does the exception from Purchasing per,its, and exceptions from CPL licensing over ride the Pistol Definition, and the Amendment to the 28.432?
I say transport laws still apply. The State's definition of a "firearm" is:
(d) “Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber.
So I think we can agree that even if your BP revolver isn't rifled it still was NOT "manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber." So it qualifies, at the very least, as a firearm.
The State's definition of a "pistol" is:
(e) “Pistol” means a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm.
So if the BP revolver meets the definition of firearm then the only remaining criteria as whether or not it's a pistol is the overall length. I know BP revovlers are fairly large but I doubt it's 30+ inches OAL so I say it qualifies as a pistol.
MCL 28.432 only exempts you from having to get a license to purchase, carry, possess, use, or transport a BP firearm/pistol, it does NOT change the definition of whether or not it's a firearm/pistol...only that you do not need to be licensed to have it in your possession.
I'm also not seeing where a BP pistol is exempt from the concealed carry laws. The only law that I've found that regulates the carrying of a loaded pistol in the passenger compartment of a vehicle is
MCL 750.227 which states:
(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.
The only exceptions to this law are given in
MCL 750.231a and the one specifically dealing with antique firearms says they must be completely unloaded, cased, and stored in the trunk.
(1) Subsection (2) of section 227 does not apply to any of the following:
(c) To a person carrying an antique firearm as defined in subsection (2), completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle.
So I say it's still a pistol, just that the State has decreed it is a type of pistol that you don't need to be licensed to possess. Since it is still a pistol it would still fall under the prohibition on carrying it loaded in the passenger compartment of a vehicle...unless you had a CPL.
Even if it wasn't a pistol it is still a firearm and
MCL 750.227c prohibits the carrying of a loaded firearm in any motor vehicle.
(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means, a firearm, other than a pistol, which is loaded.
I think we sometimes get lost in all the definitions and exceptions. We just have to remember that definitions and exceptions only apply to the laws they a written into or other laws that specifically reference them.
All of this is just my layman's take on it.
Bronson
