Author Topic: Open carry with cpl  (Read 6624 times)

0 Members and 2 Guests are viewing this topic.

Offline tigertail1120

  • Posts: 3
Open carry with cpl
« on: November 30, 2011, 02:44:10 PM »
I'm having some trouble understanding the law on this so if anyone could anwser this for me it would be greatly appreciated.  If I have a CPL is it legal for me to OC in my vehicle???  I know that if i dont have a CPL the pistol in the case and in the trunk but if I do have a CPL do i still have to keep it in the trunk til i get where im going....thanks in advance for your help

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Open carry with cpl
« Reply #1 on: November 30, 2011, 03:45:33 PM »
With a CPL, you may possess a pistol (currently defined under MI law as any firearm less than 30" in length, but there is a bill out there to change this to 26") in the passenger compartment of you vehicle, assuming your blood alcohol content is below .02 at that time.

See MCL 750.227

I hope this helps.
I Am Not A Lawyer (nor a gunsmith).

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Open carry with cpl
« Reply #2 on: November 30, 2011, 03:46:27 PM »

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.227 Concealed weapons; carrying; penalty.
Sec. 227.

(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any 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.

(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.

(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.227 ;-- Am. 1973, Act 206, Eff. Mar. 29, 1974 ;-- Am. 1986, Act 8, Eff. July 1, 1986
Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix punishment. People v Sturgis, 427 Mich 392; 397 NW2d 783 (1986).
Former Law: See section 5 of Act 372 of 1927, being CL 1929, § 16753.
I Am Not A Lawyer (nor a gunsmith).

Offline tigertail1120

  • Posts: 3
Re: Open carry with cpl
« Reply #3 on: December 01, 2011, 09:36:29 AM »
So if I am understanding this properly this means I can have the pistol in the passenger compartment ( with BAC below 0.02) but I can not be wearing said pistol, open or concealed.

Offline Bronson

  • Posts: 554
Re: Open carry with cpl
« Reply #4 on: December 01, 2011, 11:14:52 AM »
With a CPL you may carry your pistol any way you wish in the passenger compartment of the car.  You may have it on your person, in a car mounted holster, hidden or plain sight, just laying on the seat (not recommended).  The kicker is having the CPL,  once you have that MI does not require a certain method, place, or style of carry.

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline tigertail1120

  • Posts: 3
Re: Open carry with cpl
« Reply #5 on: December 01, 2011, 01:09:48 PM »
Thanks so much for clearing that up for me