OC another persons pistol?

[TucTom]

Looking for the great input I see here often.

Okay, first I understand I cannot (without CPL) open carry any pistol currently not registered to me. My question concerns me getting my CPL and carrying. Can I at the point of having a CPL carry a friends pistol who lives out of state? Lets say he visits and brings his pistol, leaves it with me because he goes to Ill. Can I carry it while he's not with me? If stopped would it be more bother than it's worth?

 Thanks, Tom

[TheQ]

If it's in your possession for an extended period...that could be sticky. Might need to involve an FFL and register it.


IANAL. You should post in the "Ask a firearm attorney" area of the Forum.

[CV67PAT]

If the gun is brought into the state by a resident of another state, then it is not registered in Michigan. As such, a resident of Michigan cannot posses or carry it. Especially if the owner is no longer present in Michigan. I think this would appear to a prosecutor as an unlawful interstate transfer. As The Q has suggested, have it shipped to a Michigan FFL from the state of origin and then transferred to you. You can always ship it back to a FFL in the state of origin to return it to the previous owner. A hassle of course, but it beats a felony firearm charge.

[Bronson]

If the gun is brought into the state by a resident of another state, then it is not registered in Michigan. As such, a resident of Michigan cannot posses or carry it.

Probably sound advice...but that's not what the law actually states.

http://www.legislature.mi.gov/(S(d5gijb55umvft555eowzfkqz))/mileg.aspx?page=getobject&objectname=mcl-28-432&query=on&highlight=pistol

(i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.

Michigan law has provisions that make it legal for a resident of another state to legally possess their pistol while visiting MI.  The MI law doesn't actually require that the pistol be registered in MI, only that the owner possesses it legally.  Of course things get a little hairy when you start bringing Fed. laws on interstate transport into the equation.

If it were me, I'd still follow the advice CV67PAT offered above.

Bronson

[CV67PAT]

Looking for the great input I see here often.

Okay, first I understand I cannot (without CPL) open carry any pistol currently not registered to me. My question concerns me getting my CPL and carrying. Can I at the point of having a CPL carry a friends pistol who lives out of state? Lets say he visits and brings his pistol, leaves it with me because he goes to Ill. Can I carry it while he's not with me? If stopped would it be more bother than it's worth?

 Thanks, Tom

I had thought of the provisions of the "Janet Kukuk Act" when i posted. However I gave more thought to the federal law regarding the interstate transfer of a pistol. And how it would play out if interrogated and/or prosecuted.

It'd be one thing to say that the pistol was borrowed from a visitor that was still in the state as opposed to a visitor that was no longer in the state. It might be difficult for even a seasoned lawyer to defend that one.

[TucTom]

Thanks for the replies / insight.

Okay, to be honest I wouldn't carry it. I just thought of the idea and wanted to create a topic that could get interesting. Maybe I'll have my buddy when he gets back here sell the gun to me so we can go through the GREAT pistol purchase and registration hassle- I mean to keep everybody safe program.

I do love that the B.G.'s register their guns in Mi. too.

Tom