Open Carry Specific > OC Questions
Transporting Pistol
LD:
Welshj.....
" if the firearm is unloaded in both the barrel and magazine,"
Refers to an integral magazine not a removable one.
While transporting ammunition separated from the gun is 100% legal, it is in no way MORE legal then if the ammo is in the same case as the firearm.
linux203:
Pistols.....
--- Quote from: MCL 750.231a ---(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.
--- End quote ---
Not a pistol.....
--- Quote from: MCL 750.227d ---(1) 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, unless the firearm is 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.
--- End quote ---
Where did "unloaded in barrel or magazine" come from?
CitizensHaveRights:
--- Quote from: linux203 on January 11, 2015, 01:25:32 PM ---
Where did "unloaded in barrel or magazine" come from?
--- End quote ---
It sounds suspiciously like the instructions I read in the DNR hunting and trapping guides, probably in reference to rifles with fixed magazines. I also seem to recall the DNR wanting you to have the idea that ammo and magazines containing ammo should be (not necessarily must be, but it was so many years ago that I can't remember the exact language) transported separately from the firearms. When I was younger I believed that best practice was cased gun in trunk, magazines in glove box.
linux203:
--- Quote from: CitizensHaveRights on January 11, 2015, 02:09:17 PM ---It sounds suspiciously like the instructions I read in the DNR hunting and trapping guides, probably in reference to rifles with fixed magazines. I also seem to recall the DNR wanting you to have the idea that ammo and magazines containing ammo should be (not necessarily must be, but it was so many years ago that I can't remember the exact language) transported separately from the firearms. When I was younger I believed that best practice was cased gun in trunk, magazines in glove box.
--- End quote ---
--- Quote from: MCL 324.504 ---(6) The department shall not promulgate or enforce a rule that prohibits an individual who is licensed or exempt from licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a pistol in compliance with that act, whether concealed or otherwise, on property under the control of the department.
--- End quote ---
http://legislature.mi.gov/doc.aspx?mcl-324-504
Golden Eagle:
Michigan law does get complicated.
Firearms over 26" can be transported unloaded in the trunk without being in a case. I agree MCL 750.227d only applies to firearms over 26 in. and a CPL will not change this.
Understand that under 750.231a if you don't have a CPL and if you have a trunk you must do all of the following for a pistol: in the trunk, unloaded and in a case.
Under the influence with out a trunk 28.425k (3) (a) ...pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
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