Author Topic: Transporting a firearm  (Read 6766 times)

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Offline dabobrow

  • Posts: 2
Transporting a firearm
« on: September 07, 2011, 11:29:39 AM »
What part of the law allows for transporting a firearm without a CPL legally?  I see sections where they clearly define where you must be going in order to have the gun in your vehicle, but no where do I explicitly see that you can have the firearm in your vehicle for self defense purposes.  Can someone point out what I am obviously missing?

Is it this section that covers it?  I want to be sure I FULLY understand the transportation laws before I go forward with OC.

(vii) While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted by law, rule, regulation, or local ordinance.

Offline Bronson

  • Posts: 554
Re: Transporting a firearm
« Reply #1 on: September 07, 2011, 02:10:55 PM »
but no where do I explicitly see that you can have the firearm in your vehicle for self defense purposes.  Can someone point out what I am obviously missing?

Whoa there.  Without a CPL you CANNOT have your firearm available to you in passenger compartment for self-defense purposes.  If you do this you will be hit with a felony and spend 5 years in jail.

750.227

Quote
. . .

(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
.

Now, 750.231a states the rules for transporting a firearm.  Transporting means it is not readily available to the occupants and it is usually unloaded and cased.

Quote
(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.

. . .

(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:

. . .

(b) "Lawful purpose" includes the following:

(i) While en route to or from a hunting or target shooting area.

(ii) While transporting a pistol en route to or from his or her home or place of business and place of repair.

(iii) While moving goods from 1 place of abode or business to another place of abode or business.

(iv) While transporting a licensed pistol en route to or from a law enforcement agency or for the purpose of having a law enforcement official take possession of the weapon.

(v) While en route to or from his or her abode or place of business and a gun show or places of purchase or sale.

(vi) While en route to or from his or her abode to a public shooting facility or public land where discharge of firearms is permitted by law, rule, regulation, or local ordinance.

(vii) While en route to or from his or her abode to a private property location where the pistol is to be used as is permitted by law, rule, regulation, or local ordinance.

When you read the above you have to realize that the word "includes" means that the given list is part of a larger list of places that are not specifically mentioned but are covered under the catch-all phrase "lawful purpose."  Couple that with Article 1, section 6 of the MI Constitution which states:

Quote
Every person has a right to keep and bear arms for the defense of himself and the state.

And you have self-defense as a lawful purpose.

To recap:

NO carry of any kind in a vehicle without a CPL.
Without a CPL you MUST unload, case, and trunk transport your pistol.  If you have no trunk you must unload, case, and make it not readily accessible to the occupants of the vehicle.
The list lawful purposes in the law is part of a larger list by virture of the word "includes"

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline dabobrow

  • Posts: 2
Re: Transporting a firearm
« Reply #2 on: September 07, 2011, 04:11:48 PM »
Thanks for the reply, by no means did I mean I would have the firearm on my person and loaded while driving a vehicle, if that was how I came off then I misworded my question.  Apologies...  You cleared up the real question I had though, for that I thank you.

Offline Bronson

  • Posts: 554
Re: Transporting a firearm
« Reply #3 on: September 07, 2011, 04:58:03 PM »
Don't forget, I'm just some dude on the internet so don't take any of this as legal advice.  It's just my lay-person's understanding of the law and is worth squat in the real world.

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline ocdetroit

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Re: Transporting a firearm
« Reply #4 on: September 07, 2011, 08:07:41 PM »
Be  Careful Carry On Safely.
Open carry in Detroit
With both of them.

Offline autosurgeon

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Re: Transporting a firearm
« Reply #5 on: September 22, 2011, 09:02:56 PM »
Don't forget, I'm just some dude on the internet so don't take any of this as legal advice.  It's just my lay-person's understanding of the law and is worth squat in the real world.

Bronson

This dude agrees with your assessment  8)
Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."