This really Needs an update!!
This is a discussion on Transporting pistols in vehicle for a "lawful purpose"....almost arrested in Mi within the General Firearm Discussion forums, part of the Related Topics category; This really Needs an update!!...
Impeading?? You were just moving along till the dude stopped you!!
Sometimes they driver is even speeding-so how do they get an impeading?? My dictionary has just the opposite meaning.
Discretionary power-they love it.
MI firearm transportation laws can be read in different ways. If you don't have a CC permit, it is very limited to your residence, a gunshop, I think a gun show is allowed, or a place you are going to be hunting. I have even heard conversations questioning if to the range is clearly legal. Some have even been concerned that if you go to the range, and maybe stop to get lunch, gas, etc. you may be breaking the letter of the law (I don't think it has even been put the test).
With that said, normally, as long as you have the firearm in the trunk in a case and the ammo up front, your ok. Gets unclear in trucks and SUVs, so often it is suggested that you store the firearms in a locked case (even if just a padlock around the handel, through the zippers, etc) behind the seat for truck, farthest compartment back in an SUV.
I'm not stating any of this is required by law, just passing on that without the CC permit, MI is not as gun-frendly as its OC status makes it sound.
Not because the majority of LEO are / are not gun friendly. Because, IMO, other then most CC permit related laws, it is sometimes unclear what is legal.
One of the reasons my brother aquired the CC permit was because he has a truck, and was always worried about where to put the gun on the way to range (he did not want to put it in the bed). One reason my wife, who does not always carry (due to her occupation) aquired the CC permit (to make transportation easier and to prevent mistakes, like if I had a loaded weapon in my car and she took it for a drive).
Be interesting to hear an update from the OP.
S&W 642 (no-lock) with .38 Spl +P 135 GR Gold GDHP
Glock G31 & G33 with .357 Sig 125 GR. SXT Winchester Ranger
I think the biggest issue I have is the searching of the vehicle. I wonder if this qualifies as probable cause or not? Perhaps someone else can answer that, my initial thought would be no, but perhaps I'm wrong???
Smith & Wesson M&P9cCrossbreed Supertuck
Nitecore EX10 R2
SOG Access Card 2.0
I can't comment further at this time, except to say that I now have a CPL to avoid this type of harrassment in the future.
Just between us, where were you going, where were you coming from, are you a resident of Michigan? You stated you are an FFL holder, were the guns being bought or sold? Were you transporting them from the store? Or to?
In general, I think the stop was handled poorly, but you left some things out of your version.
I'm just curious.
Reading this thread makes me appreciate Arizona. I have never been pulled over but know others who have had 5 rifles, multiple handguns, ARs and a ton of ammo when pulled over and cops don't care. Most of them loaded within reach as well. Michigan needs to change its laws and stop oppressing law abiding citizens.
Note to self - I will never set foot in the state of Michigan again. At least until the legislature determines they are part of the United States and abide by the 2nd Amendment.
It tells me, I plan to stay out of Michigan.
I can't tell you the officers motivations because I wasn't there; I can tell you he was obviously mistaken and apparently ignorent of his states gun laws and was probably advised of that fact by the second officer that arrived on scene. What do you think? Was he just trying to do the right thing but misinformed or was he being an A-hole? That should determine your actions regarding the incident.
"Kimbers are the guns you show your friends, Glocks are the guns you show your enemies."
+1. A few months back I was in Indiana LEGALLY carrying and got lost. When I saw the "Welcome to Michigan: Great Lakes Great Times" sign you could almost see smoke coming out of my tires while I turned 180 degrees.
Savage 93R17 FV
Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.”
― Thomas Paine
Lawyer up ASAP and start suing if applicable. Couple of people in Virginia have received a good chunk of money for similar reasons - check the VCDL website for the 411. Don't wait, go talk to a good attorney now as statutes of limitations for suing the government may be limited to 30/60 days starting on the day the situation occurred depending on your jurisdiction. A good attorney should run this on contingency basis - you don't necessarily pay for his services up front, he/she gets 33% of whatever the final settlement is. You may get charged for the initial visit so you do not "poison the well" (a fee an attorney charges in case the party seeking advice is doing so in order to prevent that attorney from assuming representation of a potential adversary of the party seeking that specific attorney's advice). Other attorneys may do the initial consult for free; usually new practitioners do not charge, while the ones that have been on the business for a while do charge the fee - however, the more experienced ones may be worth it, shop around.
I have filed complaints with IAB/IAD and depending on the jurisdiction it gets swept under the rug/officer gets a verbal reprimand every time and nothing mayor ever happens. Hit them where it hurts - the Government's Budget, then they'll start learning to follow the law and not swing it just because they have a badge. I'm all for officer safety and catching bad guys, but this nonsense has to stop at some point, and it ain't gona stop until the parties involved file a law suit and win.
Last edited by cagueits; July 19th, 2009 at 03:28 AM. Reason: Typo
I can no longer keep track of threads as I used to. If you need to contact me, PM me instead of asking me something in the thread. Disclaimer - No legal advice issued anywhere. Take care.