General Category > New Member Introductions
New(er) Gun Enthusiast With Some Questions
Waterborne:
You can purchase
--- Quote from: Twinge on April 30, 2012, 12:24:30 PM ---snip
there is no way to purchase a handgun unless you have someone transfer it to you, you must be 21 to purchase from a dealer.
--- End quote ---
You can purchase from a private seller at 18. You have to be 21 to purchase from an FFL.
Bronson:
--- Quote from: Mando21 on April 30, 2012, 12:35:47 PM ---Oh... rats. >:(
But I could open carry? Yes?
--- End quote ---
Note that by the strict letter of the law you may not have your gun anywhere on the property of the places listed previously unless you meet one of the exemptions in the law, two of which are having permission from the owner/agent of the owner or having a CPL.
http://www.legislature.mi.gov/(S(slbs1xjb4z5o41uxqkhzq245))/mileg.aspx?page=getObject&objectName=mcl-750-234d
Also without a CPL you may not have the loaded firearm anywhere that is accesible while driving. The gun must be unloaded, in a case designed to store a firearm and in your trunk. If you don't have a trunk the gun must be unloaded, in a case desingned to store a firearm and placed in your vehicle so as not to be readily accesible to the occupants.
http://www.legislature.mi.gov/(S(3yubavqibw0lzwyy50zmsony))/mileg.aspx?page=getobject&objectname=mcl-750-227&query=on&highlight=concealed%20AND%20pistol
http://www.legislature.mi.gov/(S(hc1fsp55bojnri45pipmotuj))/mileg.aspx?page=getobject&objectname=mcl-750-231a&query=on&highlight=pistol%20AND%20trunk
Bronson
Mando21:
Note that by the strict letter of the law you may not have your gun anywhere on the property of the places listed previously unless you meet one of the exemptions in the law, two of which are having permission from the owner/agent of the owner or having a CPL.
http://www.legislature.mi.gov/(S(slbs1xjb4z5o41uxqkhzq245))/mileg.aspx?page=getObject&objectName=mcl-750-234d
Bronson
[/quote]....
Does that mean that I cannot even have my handgun unloaded/locked up inside a case in my car? I mean while in the parking lot of a prohibited place.
OK, so I can buy handguns privately... I was actually wondering about that so thanks for clarifying.
So, I could open carry... where... hm. It seems like they make it rather difficult--but then that is probably the idea. I mean, I guess I could OC on my property, in a park, probably in the woods, in a gunstore I would hope, in any store that doesn't sell alcohol... The whole thing about OCing in places that are selling alcohol throws quite loop in carrying around in general (I would think), and I saw a post somewhere about having to be careful while taking your handgun to and from your car...
However, I have seen/heard arguments from people that the law only prohibits OC in places like bars, not stores.
Still, I am guessing that it would be better to be safe than sorry and just stay away from anywhere where OC has the possibility of being prohibited.
Man, I just got back from an extremely gun-friendly western state and while I am pleased that Michigan isn't completely gone in regards to OC, it sure is a pain! I wonder what the chances are of improving the OC laws around here....
Bronson:
--- Quote from: Mando21 on May 01, 2012, 08:43:09 AM --- Does that mean that I cannot even have my handgun unloaded/locked up inside a case in my car? I mean while in the parking lot of a prohibited place.
--- End quote ---
Technically, no you cannot. Just like every hunter that doesn't have a CPL or permission from the owner to be on the property that stops into a gas station that sells beer with a gun in the trunk may be in violation. However, to date there has not been a single case that we've been able to find of a person being convicted for breaking this law alone.
--- Quote from: Mando21 on May 01, 2012, 08:43:09 AM --- I saw a post somewhere about having to be careful while taking your handgun to and from your car...
--- End quote ---
Yes. Without a CPL you are not allowed to have a handgun in the car. So if you remove the gun case from the trunk, place the cased handgun on the trunk lid, load and holster the gun....then remember that you left your wallet in the car and lean in the driver's side and the gun enters the car, BINGO you're in violation.
--- Quote from: Mando21 on May 01, 2012, 08:43:09 AM --- However, I have seen/heard arguments from people that the law only prohibits OC in places like bars, not stores.
--- End quote ---
Those people are wrong. 28.425o is the law that lists the places a CPL holder may not carry a CONCEALED pistol and that law does in fact only apply to bars/taverns where the primary income is alcohol sales. If you do not have a CPL then you wouldn't be carrying concealed so that law doesn't apply to you. Without a CPL you would be OCing and bound by the list found in 750.234d which states:
--- Quote ---(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(b) A church or other house of religious worship.
(c) A court.
(d) A theatre.
(e) A sports arena.
(f) A day care center.
(g) A hospital.
(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.
--- End quote ---
The range of laws listed encompass the entire liquor control code so any business licensed under any section of the liquor control code would be off limits. Oh and once you do your research you'll find that Act No. 8 of 1933 has been repealed but it has been replaced by another code and the new code specifically states that any reference in any other law to the old 1933 code will now automatically refer to the new code.....so nothing changed.
--- Quote from: Mando21 on May 01, 2012, 08:43:09 AM --- Still, I am guessing that it would be better to be safe than sorry and just stay away from anywhere where OC has the possibility of being prohibited.
--- End quote ---
I've never had to do it because I have my CPL but there are people that make it work but you have to be careful and smart.
--- Quote from: Mando21 on May 01, 2012, 08:43:09 AM ---I wonder what the chances are of improving the OC laws around here....
--- End quote ---
Are you a paying member of MOC? Right now that's one of the best things we can do. MOC is at the spear point of the charge to advance gun rights for all people in MI.
Bronson
TheQ:
Sign up for our legislative action alert list to. Someone paste the URL for me? :)
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