Defensive Carry banner

MI State Police Firearm FAQ Legal Update - Open Carry LEGAL in MI and other good stuf

14K views 30 replies 14 participants last post by  Tubby45 
#1 ·
I printed one of these for each glovebox.

Firearms-related frequently raised issues
What follows are the short answers to those firearms-related questions most often asked by police officers and the public.

Open carry of firearms
Subject to MCL 750.234d, it is legal to carry a visible pistol in public.

Possession of a pistol belonging to another
Per MCL 28.432, a person with a Concealed Pistol License (CPL) may legally possess a properly registered pistol belonging to another. The owner need not be present.

Possession of pistols by non-residents
A resident of another state may possess a pistol in Michigan if they have a CPL issued by their state of residence (MCL 28.432 & MCL 28.432a). Without a CPL, a nonresident may not have a pistol in Michigan.

Safety Inspection Certificates
Michigan law does not require a person to have a copy of their certificate with their pistol after it has been registered; nor does the law require that a person keep a copy.

Transporting ammunition and long-guns
MCL 750.227d describes the lawful way to transport a shotgun or rifle. While they must be unloaded, they may be transported in the same case as ammunition (including loaded magazines).

CPL holders – required notifications
The notification requirements of MCL 28.425f only apply when a CPL holder is actually carrying a concealed pistol. Nothing in Michigan law allows an officer to search a CPL holder to determine whether they are carrying a pistol.
For a long time, most of us knew that there was no law prohibiting open carry in MI but it has been widely held that "they'll get you for something." (brandishing, breach of peace, etc). I don't know that I'm ready to walk to the mall OC, but it's nice to have the state police recognize that OC is not illegal here, (whether you have concealed permit or not). Should also dispel the rumors that an accidental flash of your gun while at the store is "brandishing." For anyone without a CPL that tries it: Don't forget that in a vehicle, it is defined as concealed whether you have it in plain sight or not. Without a CPL, you MUST secure the firearm, unloaded, in the trunk if you get in a car.

Also of interest to me was the transport of ammo and long-guns. I knew I've read it before that you could have loaded magazines in the same case as the gun, but just this past weekend my buddy swore that his instructor told him otherwise and cited some law#. We erred on the side of caution, but maybe I'll stick one of these in each gun case too for future reference.
 
#3 ·
That's because without a license to carry concealed, one has to get a permit to purchase a pistol (not a rifle). Background check, yada, yada. If you move in from out of state, you have 30 days to get a permit to purchase, and you still have to have the gun registered via a "safety inspection."
 
#6 ·
True, but the fact that they are disseminating the info to the boy on the ground can only be good for us, ie: if the cop that sees us sends us on our merry way (or even better, doesn't stop us) without ever asking the city prosecutor what they can charge us with, then the opinions have all the meaning in the world.
 
#5 ·
The legal updates are coming from the MSP lawyers who get direction from the attorney general's office. Cox's administration is good for gun owners. The MSP lawyers look into things and run it by the AG's office for confirmation.
 
#7 ·
And yes, in Michigan the attorney general's opinion IS binding legal precedent. The AG's opinion is the interpretation of the law and is applied with the same precedent as case law. This is how open carry is not brandishing, machine guns are now legal, and a host of other opinions came about.
 
#12 ·
It is not binding legal precedent in the least. A judge can consider it or throw it out without further thought. If it was binding precedent, it would be the equivalent of the prosecutor telling the judge what the law is instead of the judge being an impartial part of the process determining what the law is for himself or herself, based on prior case law or the judge's own personal interpretation where none exists.

What an attorney general's opinion does do is provide guidance to other prosecutors throughout the state who may or may not follow it, and also allow any person charged with a crime related to an AG opinion's subject to advance some form of reasonable justification why he or she should not be found guilty of breaking the law.
 
#8 ·
I have to disagree with the safety inspection certificates point. My ex-brother in law is the local armorer and training officer for this area and the sheriffs dept. He states that if I loan my weapon(handgun) to a friend I must also give him the inspection certificate. I assume that if the person gets into a situation, where law enforcement has to check the serial numbers or background of the gun, having the inspection certificate will offer proof that he has legal permission by the owner to possess the gun.
 
#9 ·
I have to disagree with the safety inspection certificates point. My ex-brother in law is the local armorer and training officer for this area and the sheriffs dept. He states that if I loan my weapon(handgun) to a friend I must also give him the inspection certificate.
Negative.

28.432(i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's pistol is properly licensed and inspected under this act and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol.
If you have a CPL, you can possess any legally owned (presented for safety inspection) pistol in the state. There is exactly no language requiring the "green card" to be present at any time whatsoever. There is no language requiring one to actually physically retain their copy of the certificate. Zero.
 
#10 ·
DOH! I just realized that I didn't post the link! The original quoted statements in this thread are not mine, they are from the MI State Police Legal update, published my the MSP Executive Division and is intended to be distributed to State Troopers to keep them current on the law. Here is the Link:

http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._66_238184_7.pdf
 
#13 · (Edited)
Actually AG opinions carry the same weight as law until legislated or challenged in court and overturned. Example Mi law classified black powder muzzle loading guns as non registrable, but an old (70's) AG opinion said they should be and were until legislation was enacted that stated specifically otherwise.

(From another forum)
 
#14 ·
I have had two pistols in for safety inspection in the last three months. In both cases the sheriff told me to keep the inspection green card with the gun at all times. I never checked the written law but was talking with my brother about two weeks be for this post came up. He does a lot of work for a township police department and told me BULL you do not need it in your position. Well now I don't need to research this thanks Nice post.
I believed the open carry be for the post but just wondering how far down the street you would get be for the local LEO might give you a little hassle? anybody have any experience?
 
#16 ·
It is pretty typical for the LEO's that do the inspection to tell you to keep the green card with the gun. It's also typical for them to ask to see it if they stop you while you are carrying. The state police will tell you it is not required, but they recommend you keep it or a copy with you when packing. I took all the green cards for the pistols I might pack, and made a photo copy, and that is what I carry. The green card stays locked in a fire proof safe.

For Open carry stories, I suggest the forum at Open Carry dot Org.
 
#17 ·
Michigan law does not require a person to have a copy of their certificate with their pistol after it has been registered
Sort of puts a stop to the claim it is not a registration. :rofl:
 
#18 ·
Registered (placed) into the state police database that it was safety inspected. From the get go in 1925, it's understanding is that it was a pseudo-registration.
 
#23 ·
I might be wrong and if I am please let me know.From what I understand the Michigan State law allows open carry, but leaves it up to local goverment bodies to detemine if they want to allow open carry. So one town may allow oc but the next town over (or township) may not.
 
#24 ·
MCRGO VS. Ferndale: Appeals court holds the michigans pre-emption law is clear that local units of government cannot enforce their own laws that relate to the possession or transportation of firearms.
 
#26 ·
(2) A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

(3) This act does not prohibit a local unit of government from doing either of the following:

(a) Prohibiting or regulating conduct with a pistol or other firearm that is a criminal offense under state law.

(b) Prohibiting or regulating the transportation, carrying, or possession of pistols and other firearms by employees of that local unit of government in the course of their employment with that local unit of government.

(4) This act does not prohibit a city or a charter township from prohibiting the discharge of a pistol or other firearm within the jurisdiction of that city or charter township.
This is the preemption statute. Section 1 is just definitions, so it's omitted here.
 
#27 ·
You can google the "Michigan State Police Legal update"
The april and May 07 updates discuss open carry in more depth.
The whole deal w/open carry i think is great and I do it from time to time, but I am reminded of a gun forum (the firing line) where wildinalaska (something like that) commented on open carry that paraphrasing "I see few tactical advantages and plenty of political, social disadvantages."
 
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top