Open Carry Specific > OC Questions
Transporting Pistol
welshj:
--- Quote from: linux203 on January 11, 2015, 01:25:32 PM ---Pistols.....
Not a pistol.....
Where did "unloaded in barrel or magazine" come from?
--- End quote ---
I listed all of my referances in my previous post, where i found it from several of my own researches into mi law.
The "unloaded in barrel or magazine" referance comes from the Firearms laws of michigan PDF document posted on the michigan state police website.
http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654---,00.html
It states the following about firearms transport - Without a hunting license or transport other than while hunting.
--- Quote ---324.43513 Carrying, transporting, or possessing firearm, slingshot, bow and arrow, or crossbow; hunting
license not required; carrying or possessing unloaded weapon.
Sec. 43513. (1) A person may carry, transport, or possess a firearm without a hunting license if the firearm is unloaded in
both barrel and magazine and either enclosed in a case or carried in a vehicle in a location that is not readily accessible to any
occupant of the vehicle. A person may carry, transport, or possess a slingshot, bow and arrow, or crossbow without a hunting
license if the slingshot, bow, or crossbow is unstrung, enclosed in a case, or carried in a vehicle in a location that is not readily
accessible to any occupant of the vehicle.
(2) Regardless of whether the person has a license or it is open season for the taking of game, a person may carry, transport,
possess or discharge a firearm, a bow and arrow, or a crossbow if all of the following apply:
(a) The person is not taking or attempting to take game but is engaged in 1 or more of the following activities:
(i) Target practice using an identifiable, artificially constructed target or targets.
(ii) Practice with silhouettes, plinking, skeet, or trap.
(iii) Sighting-in the firearm, bow and arrow, or crossbow.
(b) The person is, or is accompanied by or has the permission of, either of the following:
(i) The owner of the property on which the activity under subdivision (a) is taking place.
(ii) The lessee of that property for a term of not less than 1 year.
(c) The owner or lessee of the property does not receive remuneration for the activity under subdivision (a).
(3) A person may carry or possess an unloaded weapon at any time if the person is traveling to or from or participating in a
historical reenactment.
History: Add. 1995, Act 57, Imd. Eff. May 24, 1995;—Am. 1996, Act 585, Eff. Mar. 1, 1997;—Am. 1998, Act 129, Eff. Mar. 23, 1999;—Am. 2006, Act
433, Imd. Eff. Oct. 5, 2006.
Popular name: Act 451
Popular name: NREPA
--- End quote ---
welshj:
I havent found anything yet that refers to a tubular magazine, or an integral magazine...
just states barrel and magazine.
welshj:
--- Quote ---750.227c Transporting or possessing loaded firearm in or upon vehicle; violation as misdemeanor; penalty;
applicability to person violating MCL 312.10(1)(g).
Sec. 227c. (1) 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.
(2) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or
a fine of not more than $2,500.00, or both.
(3) This section does not apply to a person who violates section 10(1)(g) of chapter II of Act No. 286 of the Public Acts of
1929, as amended, being section 312.10 of the Michigan Compiled Laws.
History: Add. 1981, Act 103, Eff. Mar. 31, 1982.
750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed
for land travel; conditions; violation as misdemeanor; penalty.
Sec. 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.
(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.
History: Add. 1981, Act 103, Eff. Mar. 31, 1982.
--- End quote ---
And it is kind of confusing because there it describes a pistol, but otherwise it's just stated as a firearm?
but here at the beginning it defines firearm as:
--- Quote ---8.3t “Firearm” defined.
Sec. 3t. The word “firearm”, except as otherwise specifically defined in the statutes, shall be construed to include any
weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except
any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 calibre by
means of spring, gas or air.
History: Add. 1959, Act 189, Imd. Eff. July 22, 1959.
--- End quote ---
Golden Eagle:
--- Quote from: welshj on January 14, 2015, 04:06:31 AM ---And it is kind of confusing because there it describes a pistol, but otherwise it's just stated as a firearm?
but here at the beginning it defines firearm as:
--- End quote ---
A pistol is a type of firearm. Does this definition help you?
MCL 750.222 Definitions
...
(e) "Pistol" means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm.
...
http://www.legislature.mi.gov/%28S%283n4xqz45qf2nbu55kzxz11nl%29%29/mileg.aspx?page=getobject&objectname=mcl-750-222
TucTom:
--- Quote from: linux203 on January 11, 2015, 01:25:32 PM ---Where did "unloaded in barrel or magazine" come from?
--- End quote ---
It appears he found it under chapter 324 (NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION) Which seems to be hunting (which I don't) related.
But the bigger question now does that need to be changed?
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