Disussion at work today concerning open carry in Michigan

This is a discussion on Disussion at work today concerning open carry in Michigan within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Two co-workers were discussing possibly getting hand guns, partially due to increasing concerns over increase in crime and also as protection while in the woods. ...

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Thread: Disussion at work today concerning open carry in Michigan

  1. #1
    VIP Member Array TedBeau's Avatar
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    Disussion at work today concerning open carry in Michigan

    Two co-workers were discussing possibly getting hand guns, partially due to increasing concerns over increase in crime and also as protection while in the woods. Both of these people like to go butterfly hunting and spend weekends out on atv/snowmobile trails on state or private land. There has also been an increase in bear sightings in the county in the past year.

    One of the guys rides an Atv. He was saying that he thought it would be legal to open carry a handgun while walking in the woods. I confirmed for him that Michigan does allow open carry without any permit. However I wasn't able to confirm what the status would be if your open carrying while riding an ATV. I know that you cannot open carry in a car in Michigan with out a CPL because case law has established that the car "conceals" the weapon.

    So for those that ride ATV's or motorcycles in Michigan, Is it legal to open carry while riding an ATV in woods in Michigan?

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  3. #2
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    IANAL

    Provided it isn't classified as a motor vehicle by the SOS and they are on private land, there should be no problem.

    The question gets messier if riding on state trails/land. The DNR may have regulations regarding it.
    "Mind own business"
    "Always cut cards"

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    New Member Array DrTodd's Avatar
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    It is classified as a motor vehicle and one would need a CPL to Open Carry. A non-motorized vehicle is ok, though.

    MCL 750.227 Concealed weapons; carrying; penalty.
    Sec. 227. (1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing
    instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such,
    concealed on or about his or her person, or whether concealed or otherwise in any 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.
    (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.


    This from an attorney on Michigan Open Carry:

    Therefore, MCL 750.227d would not apply and I could open carry on the bicycle and not risk being found to conceal carry. Although, if I put a small engine on the same bicycle, I have changed its characteristics and classification and would be found to be violating MCL 750.227d for open carrying while riding that same bicycle now equipped with the small engine.

    So, yes. If the individual can legally possess the firearm, then he can legally oc while riding his bicycle.


    I would download this, as it is priceless in regards to information that your friends may find useful:

    http://www.michigan.gov/documents/ms...2_336854_7.pdf

  5. #4
    Member Array DukeoftheD's Avatar
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    Thumbs up if you want constitutional carry brought to Michigan! The Republicans are running the show make it happen captain!

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    VIP Member Array Brad426's Avatar
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    What do they use to shoot butterflies?
    I have a very strict gun control policy: if there's a gun around, I want to be in control of it.
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    VIP Member Array BugDude's Avatar
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    Quote Originally Posted by Brad426 View Post
    What do they use to shoot butterflies?
    44 Magnum...for max penetration and expansion. Those attack butterflies can be hard to put down.
    Know Guns, Know Safety, Know Peace.
    No Guns, No Safety, No Peace.


    Guns are like sex and air...its no big deal until YOU can't get any.

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    VIP Member Array TN_Mike's Avatar
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    Butterfly hunting????
    ,=====o00o _
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    Distinguished Member Array Burns's Avatar
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    Quote Originally Posted by TN_Mike View Post
    Butterfly hunting????
    Maaaann... I was going to say that :p
    Those who make peaceful revolution impossible will make violent revolution inevitable- JFK

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    Member Array Gunner3126's Avatar
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    After you shoot the butterfly with the .44, where do you attach the tag? What is the bag limit? What constitutes a trophy butterfly? How big is the Boone and Crockett minimum?

    Inquiring minds want to know.

  11. #10
    New Member Array GamesAndGuns's Avatar
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    Also keep in mind that in Michigan there are rules as to what types of guns you're allowed to have on you during certain times of the year and you also need to have a valid hunting license for whatever is in season. With a CPL all those regulations go away and it also authorizes you to shoot wild boar on sight all year long during legal shooting hours without any hunting license

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    OK. Back on topic to the original post. And no providing false information.
    Even every fool knows that you never take butterfly with a .44 Magnum because you would destroy too much of the meat.

    Quote Originally Posted by BugDude View Post
    44 Magnum...for max penetration and expansion. Those attack butterflies can be hard to put down.

  13. #12
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    "(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"

    That's clear as mud. What if it's carried "openly" whether openly or otherwise?
    QKShooter likes this.
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