Open Carry Specific > OC Questions
Transporting Pistol
linux203:
--- 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 ---
You are quoting MCL 750.227d, but left out a very important detail....
--- Quote ---(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:
--- End quote ---
http://legislature.mi.gov/doc.aspx?mcl-750-227d
There is no provision in 750.231a, which applies to pistols, allowing the firearm to be broken down. So, unloaded and encased. In the trunk, if possible; inaccessible to the occupants if not possible.
LD:
--- 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 ---
Just a point of information, the loaded magazine may be transported in the same case as the pistol.
Just no round in the chamber and magazine,if loaded, not in the weapon.
welshj:
--- Quote ---Michigan law also provides that a person may carry, transport or possess a firearm without a hunting license if the firearm is unloaded in both the 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.9 Furthermore, a person may carry, transport, possess or discharge a firearm without a hunting license if:
•The person is not taking or attempting to take game but is engaged in:
Target practice using an identifiable, artificially constructed target or targets;
Practice with silhouettes, plinking, skeet, or trap; or
Sighting-in the firearm;
•The person is, or is accompanied by or has the permission of:
The owner of the property on which the target practice or sighting-in referenced above is taking place; or
The lessee of that property for a term of not less than one year; or
•The owner or lessee of the property does not receive remuneration for the target practice or sighting-in activity.10
--- End quote ---
Magazine must be unloaded as well. Can carry magazine in the case with the gun yes, but empty.
Ammunition should be carried in a seperate compartment from the firearm. (locked glove box, in cab of vehicle if the gun is in the trunk.)
A locked case, a gun lock through the action of the firearm is not a requirement from what I understand- but is helpful and keeps firearms securely and easily recognized as "clear" and inoperable.
there are several sites for information.
http://smartgunlaws.org/guns-in-vehicles-in-michigan/
http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654---,00.html
http://www.legislature.mi.gov/Publications/Firearms.pdf
Note that there are different "rules" for concealed carry licensees.Carry gun can be loaded and concealed in the vehicle with you.
Extra ammunition for it, and other firearms in the vehicle may be loaded in magazines and carried in the car.
Multiple firearms may be located in the car as well- cleared and cased. Both ammo and guns in the cab of the vehicle and not required to be seperated.
Im in ohio, but i travel regularly to michigan to shoot with family.
So I try to stay up on the laws.
Ignorance of the law is not a legal excuse, so we as gun owners are required to know and follow them.
have fun shooting!
TheQ:
--- Quote from: welshj on January 10, 2015, 12:51:59 AM ---Magazine must be unloaded as well. Can carry magazine in the case with the gun yes, but empty.
Ammunition should be carried in a seperate compartment from the firearm. (locked glove box, in cab of vehicle if the gun is in the trunk.)
A locked case, a gun lock through the action of the firearm is not a requirement from what I understand- but is helpful and keeps firearms securely and easily recognized as "clear" and inoperable.
there are several sites for information.
http://smartgunlaws.org/guns-in-vehicles-in-michigan/
http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654---,00.html
http://www.legislature.mi.gov/Publications/Firearms.pdf
Note that there are different "rules" for concealed carry licensees.Carry gun can be loaded and concealed in the vehicle with you.
Extra ammunition for it, and other firearms in the vehicle may be loaded in magazines and carried in the car.
Multiple firearms may be located in the car as well- cleared and cased. Both ammo and guns in the cab of the vehicle and not required to be seperated.
Im in ohio, but i travel regularly to michigan to shoot with family.
So I try to stay up on the laws.
Ignorance of the law is not a legal excuse, so we as gun owners are required to know and follow them.
have fun shooting!
--- End quote ---
Nothing in statute nor case law says the loaded magazine can't be in the same as the firearm.
part deux:
Welsh,
Where did you hear that rounds of ammunition have to be removed from the magazine? None of your sources indicate that requirement.
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