Author Topic: Can he carry?  (Read 9442 times)

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Offline Wolverine

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Can he carry?
« on: August 12, 2013, 06:15:46 PM »
Here is the question.   My son's wife owns a registered pistol here in Michigan.  She does not have a CPL nor does he.   Is it legal for him to carry that pistol on their own private property whether concealed or open as long as he does not leave their private property? Disregard Article 1 sec. 6 MI Const.
 :-\

Offline gryphon

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Re: Can he carry?
« Reply #1 on: August 13, 2013, 09:04:38 AM »
http://legislature.mi.gov/doc.aspx?mcl-28-422

No.  As I read MCL 28.422, the only exception would be if he was at a recognized target range and the owner was present.  Just being on your own property by yourself does not except one from possessing another's pistol without a CPL.

Offline Wolverine

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Re: Can he carry?
« Reply #2 on: August 14, 2013, 04:31:49 PM »
You have joint ownership in a business, joint ownership in your house, joint ownership in your car why not joint ownership in a weapon so both husband and wife can use the same pistol.
 ???    Wouldn't you just hate to be arrested for defending yourself against being murdered for using your spouse’s weapon in doing so?

Offline bigt8261

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Re: Can he carry?
« Reply #3 on: August 14, 2013, 04:51:07 PM »
A: Because that would make gun ownership/use easier and we all know that's bad.

B: A good shoot is a good shoot. Even a felon can use a gun to defend his/her own life as long as he/she immediately relinquishes control of the firearm once it is no longer needed. Use it, then put it down.

Offline drtodd

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Re: Can he carry?
« Reply #4 on: August 19, 2013, 04:13:21 PM »
I'd have both your son and his wife go down to the local police department and each get a license to purchase, carry, possess, or transport pistol. They are good for 30 days. When he wants to carry the pistol, have his wife transfer it to him. He has 10 days to turn in the LEO portion of the license recording the transfer. Then, when his wife wants to possess it again, transfer it back and send that one in. If they each have each used their licenses within the 10 days, they should go down and get another one. With the licenses now being valid for 30 days, I'd just always make sure they each had a valid license and just keep using them every time, switching back and forth. Sure, during any month they may have multiple transfers between the two of them, just make sure each has a valid license and do the transfer. I'm sure the PD will just love your son and his wife swamping them with paperwork... but they'll be following the law...so the LEOs need to just deal with it.
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S. 230 F 486 at 489

"Where rights as secured by the Constitution are involved, there can be no rule making or legislation which will abrogate them." Miranda v. Ariz., 384 U.S. 436 at 491 (1966).

Offline linux203

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Re: Can he carry?
« Reply #5 on: August 21, 2013, 11:24:28 PM »
I may be way off base here, but MCL 28.432(i) would require a CPL to possess "a pistol belonging to another individual".  The RI-060 is a pistol sales record / license to carry.  MCL 28.422(6) states, "purchases or otherwise acquires a pistol."  So I'm thinking the transfer would void the others' license.

The RI-060 needs to be notarized.  So there would be fees associated with that, or go annoy the notary at your bank.
LEIN access is audited, I'm sure flags will go up somewhere with how often you obtaining sales permits and how often background checks are performed.

Have one of the two obtain a CPL and register the pistols to the other or buy a second pistol.

When a strong man, fully armed, guards his own palace, his goods are in peace. Luke 11:21

Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36

Offline TheQ

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Can he carry?
« Reply #6 on: August 22, 2013, 08:09:49 AM »
RI-60'a need to be notarized?!? Since when!?!?
I Am Not A Lawyer (nor a gunsmith).

Offline linux203

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Can he carry?
« Reply #7 on: August 22, 2013, 03:57:37 PM »
Waterford PD required it to be notarized in February 2013.

http://twp.waterford.mi.us/Reference-Desk/Frequently-Asked-Questions.aspx#P2
When a strong man, fully armed, guards his own palace, his goods are in peace. Luke 11:21

Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36

Offline tedalton

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Re: Can he carry?
« Reply #8 on: August 22, 2013, 04:57:57 PM »
I think you are confusing the RI-60 with a LTP

Offline gryphon

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Re: Can he carry?
« Reply #9 on: August 22, 2013, 05:29:08 PM »
Waterford PD required it to be notarized in February 2013.


You are confusing an RI-60 with an RI-10.

Offline linux203

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Can he carry?
« Reply #10 on: August 22, 2013, 08:13:17 PM »
I'm confusing the two... But aren't both required for a private pistol transaction without a CPL?
When a strong man, fully armed, guards his own palace, his goods are in peace. Luke 11:21

Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36

Offline TheQ

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Can he carry?
« Reply #11 on: August 22, 2013, 11:16:50 PM »

I'm confusing the two... But aren't both required for a private pistol transaction without a CPL?

W/O a CPL you need an RI-10.
I Am Not A Lawyer (nor a gunsmith).