MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949
257.79 “Vehicle” defined.
Sec. 79.
“Vehicle” means every device in, upon, or by which any person or property is or
may be transported or drawn upon a highway, except devices exclusively moved by
human power
The problem is that MCL
750.227 doesn't define "vehicle" and it doesn't reference another law, appellate court decision, or other source for a definition. It simply says no carry "whether concealed or otherwise, in a vehicle operated or occupied by the person....without a license to carry the pistol." Unfortunately
MCL 750.222 which lists pertinent definitions for the entire Firearms section of the Michigan Penal Code also does not give a definition for "vehicle."
Without a definition within the law a court would look to other sources for a definition. First would most likely be appellate court decisions, then other laws, and then a dictionary. I've been told by lawyers that the source used will probably be the one that helps the legal counsel's case the most. The challenge is to get the court/jury to accept your definition over the one the other lawyer is presenting.
Best case scenario the court is convinced to accept the definitions already in place under the Michigan Vehicle Code, worst case they are convinced to go with a dictionary defintion of a vehicle which could be anything used to move people or goods from one place to another.
It's a badly written, vague law fraught with opportunities for abuse and/or confusion.
Oh, and as to the idea that the MI License to Purchase/Possess could exempt us from .227 Big Gay Al had posted something that I had forgotten about...
MCL 750.231a which gives the exemptions to .227.
(1) Subsection (2) of section 227 does not apply to any of the following:
(a) To a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence except where the pistol is carried in nonconformance with a restriction appearing on the license.
(b) To the regular and ordinary transportation of pistols as merchandise by an authorized agent of a person licensed to manufacture firearms.
(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.
(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.
So as far as the State is concerned the LTP/P is NOT a valid license in regards to allowing loaded, accessible carry in a vehicle, it must be a Concealed Pistol License.
Bronson
