Transporting a pistol with / without CPL

[sircapsalot]

Ok, so let me give you a rundown...

My wife and I commute to work / school together.   What happens, is I get dropped off at work by her, then she takes the car the rest of the way to her school.

Typically - there is no need for transporting on my work commute, but I've heard a couple disturbing stories of gunmen are trying to hit cars on the highway.

So - my question.

With, or without a CPL, am I able to put my weapon in the trunk of the car (separate from mags of course), and leave it there.  I don't need to take my weapon in to work, as I enjoy being "unaware" during work   So, the weapon is transported by my wife to her school, and of course - it would be untouched.


From what I understand, you are able to transport the weapon for a lawful purpose, as long as you are the owner of the weapon.  As my wife is not the owner of the weapon, this wouldn't be legal.  But what if I have a CPL? does that change?


your insight is much appreciated!
Daniel.

[TheQ]

If she doesn't have a CPL, she'd be violating the law by transporting your pistol while you're not in the car.


There is an easy way to solve this. You both get a CPL.

If you encounter a threat while you're in the car that you can avoid by driving away or (failing avoidance) eliminate by hitting it with your car, an unloaded gun in your trunk will be if VERY limited value to you.

You should both get a CPL.

[sircapsalot]

Thanks for answering this question.   However I have a follow-up question that is relative.


What is the protocol for transporting the magazines for the weapon? (without a CPL)

I heard from an ex-LEO now working for a gun-shop -  You have to unload the magazines when transporting, then once arriving at a destination, load the projectiles back into the magazine.  In his case - he said it would be considered "brandishing" if you had bullets in the magazine.

However, the law states: "... and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, ..." and states nothing about the magazines..  I need some insight on this.


Also - on the note of a "closed case"... all it states is closed.  However, the aforementioned person stated that it needs to have a LOCK on the case.  What about this?


Thanks very much,
Daniel.

p.s.  Can't wait till Nov. 10 when i get my CPL. Just got pre-qualified yesterday with shooting, just need to wait for the class.  Can't wait till i get this to put all of these restrictions behind me

[TheQ]

Enclosed in case and in trunk. If no trunk then out if reach of occupants. Lock not required but can't hurt.

Magazines can be loaded as long as they aren't in gun and gun chamber is empty.

HTH

IANAL. You shouldn't rely on me for legal advice

[gryphon]

he said it would be considered "brandishing" if you had bullets in the magazine.

Lord save us from LEOs. 

[CV67PAT]

IANAL. You shouldn't rely on me for legal advise

Or advice either.

[Bronson]

I heard from an ex-LEO now working for a gun-shop

Dude, we've already covered this in the can-I-carry-where-alcohol-is-sold thread.  The WORST people to ask about the law are cops or ex-cops and the second worst people to ask are gun counter guys.

I go with what is actually written in the law.

Bronson

[CV67PAT]

Thanks for answering this question.   However I have a follow-up question that is relative.


What is the protocol for transporting the magazines for the weapon? (without a CPL)

I heard from an ex-LEO now working for a gun-shop -  You have to unload the magazines when transporting, then once arriving at a destination, load the projectiles back into the magazine.  In his case - he said it would be considered "brandishing" if you had bullets in the magazine.

However, the law states: "... and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, ..." and states nothing about the magazines..  I need some insight on this.


Also - on the note of a "closed case"... all it states is closed.  However, the aforementioned person stated that it needs to have a LOCK on the case.  What about this?


Thanks very much,
Daniel.

p.s.  Can't wait till Nov. 10 when i get my CPL. Just got pre-qualified yesterday with shooting, just need to wait for the class.  Can't wait till i get this to put all of these restrictions behind me

This is about someone not knowing the statutes at all. YOU need to learn them. Just getting a CPL does NOT eliminate all of the restrictions.

START HERE:

http://forums.michiganopencarry.org/index.php/topic,25.0.html

[sircapsalot]

I come to ask you guys BECAUSE of the fact that LEO's can't answer my questions.  1) I've read the laws VERY well... I am a person that can EASILY find loop holes HOWEVER, I am getting information from you guys.   

Don't patronize me for wanting to get information from long-term carriers.

2) I know it does not eliminate all restrictions... As the thread title states, Transporting. It eliminates the whole "trunk" thing.. That is all i was implying.

3) I've already started there

[CV67PAT]

I come to ask you guys BECAUSE of the fact that LEO's can't answer my questions.  1) I've read the laws VERY well... I am a person that can EASILY find loop holes HOWEVER, I am getting information from you guys.   

Don't patronize me for wanting to get information from long-term carriers.

2) I know it does not eliminate all restrictions... As the thread title states, Transporting. It eliminates the whole "trunk" thing.. That is all i was implying.

3) I've already started there

GRRRRRRRRREAT!