Open Carry Specific > OC Questions
Transporting Pistol
houghmoney:
I can open carry in public but while driving to my destination I have to transport the pistol and clip separately? Just doesnt make sense. So is it illegal to actually transport it in my holster even if the clip is in the trunk?
CV67PAT:
--- Quote from: houghmoney on July 12, 2014, 07:15:08 PM ---I can open carry in public but while driving to my destination I have to transport the pistol and clip separately? Just doesnt make sense. So is it illegal to actually transport it in my holster even if the clip is in the trunk?
--- End quote ---
Yes, that is unlawful.
Unlicensed persons must transport their pistols, unloaded and in a case designed for a firearm.
Get caught otherwise and it's a 5 year felony.
http://legislature.mi.gov/doc.aspx?mcl-750-227
--- Quote ---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.
--- End quote ---
http://legislature.mi.gov/doc.aspx?mcl-750-231a
--- Quote ---750.231a Exceptions to MCL 750.227(2); "antique firearm" defined.
Sec. 231a.
(1) Subsection (2) of section 227 does not apply to any of the following:
(a) To a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence except where the pistol is carried in nonconformance with a restriction appearing on the license.
(b) To the regular and ordinary transportation of pistols as merchandise by an authorized agent of a person licensed to manufacture firearms.
(c) To a person carrying an antique firearm, completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle.
(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.
(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.
(2) As used in this section, "antique firearm" means either of the following:
(i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or replica of such a firearm, whether actually manufactured before or after 1898.
(ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade
--- End quote ---
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#1Gunner:
--- Quote from: CV67PAT on July 12, 2014, 08:13:44 PM ---Yes, that is unlawful.
Unlicensed persons must transport their pistols, unloaded and in a case designed for a firearm.
Get caught otherwise and it's a 5 year felony.
http://legislature.mi.gov/doc.aspx?mcl-750-227
http://legislature.mi.gov/doc.aspx?mcl-750-231a
.
--- End quote ---
Pat then what does this law apply to? It doesnt say it has to be in a case but has to only be unloaded and only 1 of the following:
unloaded and is 1 or more
of the following:
(a) Taken down.
(b) Enclosed in a case.
(c) Carried in the trunk of the vehicle.
(d) Inaccessible from the interior of the vehicle.
(2) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or
a fine of not more than $100.00, or both.
So cant it just be unloaded and sitting next to you on the seat taken down? You mentioned it has to be in a case but are you sure that is correct? I want to make sure I get this right so please let me know what I am missing if anything...
part deux:
--- Quote from: #1Gunner on January 08, 2015, 01:13:36 PM ---Pat then what does this law apply to? It doesnt say it has to be in a case but has to only be unloaded and only 1 of the following:
unloaded and is 1 or more
of the following:
(a) Taken down.
(b) Enclosed in a case.
(c) Carried in the trunk of the vehicle.
(d) Inaccessible from the interior of the vehicle.
(2) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or
a fine of not more than $100.00, or both.
So cant it just be unloaded and sitting next to you on the seat taken down? You mentioned it has to be in a case but are you sure that is correct? I want to make sure I get this right so please let me know what I am missing if anything...
--- End quote ---
Define taken down ;)
#1Gunner:
--- Quote from: part deux on January 08, 2015, 03:37:21 PM ---Define taken down ;)
--- End quote ---
I see your point. I would say removing slide and magazine and barell and recoil spring... So you are saying that you are safer enclosed in a case correct? I am still new to trying to understand some of the humor on this site. I dont know sometimes when people are joking serious or trying to make a point but I am getting better. Fink at MSP told me that if it was taken down as I described it would be OK but that was in respect to a rifle when I asked the question.
This applies to me mostly because I drive a pickup reg cab which is why I called her in first place. thx
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