Being necessary to further understand the firearms laws in Michigan as they are written, a clear and concise Attorney General opinion is requested to clear any potential confusion of current law regarding legally open carrying a firearm on a bicycle, motorcycle, or any other vehicle propelled by a mechanical means designed for transportation.
Currently in Michigan a person cannot carry or possess a firearm in the passenger compartment of their vehicle without possessing a valid Michigan concealed pistol license, MCL 750.227. In question is the matter of deciphering if MCL 750.227 extends to a person who is riding upon a bicycle, motorcycle, or any other vehicle propelled by mechanical means designed for transportation without a concealed pistol license. MCL 750.227 states that "a person shall not have on or about their person a pistol, concealed or otherwise while seated in a vehicle.." The confusion arises due to the fact that a person rides upon a bicycle and motorcycle as opposed to riding in a vehicle.
When deciding the meaning of a word in a statute courts will often refer to the common dictionary for the definition, in this case the word "in". Meriam-Webster defines the word "in" (adj.) as "that is located inside or within". Looking at this definition in comparison with the wording of MCL 750.227, a person that is riding a bicycle or motorcycle is unable to be within the bicycle or motorcycle while carrying their firearm and would therefore not be in violation of MCL 750.227.
The question here being, while riding a bicycle or motorcycle while openly carrying a firearm would someone without a concealed pistol license be in violation of MCL 750.227?
Below are a few statutes that relate to possessing a firearm and as you will see they alternate between the use of the word "in" and "upon":
•MCL 750.227 states that "a person shall not have on or about their person a pistol, concealed or otherwise while seated in a vehicle.."
•MCL 750.227c Section 1 states that "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"
• MCL 750.227d also states that "except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, which is loaded.
As I understand it a person is in violation of 750.227 in their vehicle because someone approaching a vehicle cannot tell if the person in the vehicle is armed or not and therefore rendering the pistol in a state of concealment. However while approaching someone on a bicycle or motorcycle an individual could easily see if that person was carrying a firearm openly, leaving them not in violation of MCL 750.227 as the pistol is not concealed or hidden from view any differently than it would be if that person was walking down the street.
Your time is very appreciated on this matter and the residents of the State of Michigan are looking forward to an official opinion regarding the question of if open carry by an individual without a CPL upon a bicycle or motorcycle would place them in violation of MCL 750.227.
Thank you
