Open carry at a garage sale

This is a discussion on Open carry at a garage sale within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by ericb327 If he concealed in his front yard in Illinois he might be breaking the law. Fortunately, he doesn't live in Illinois! ...

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Thread: Open carry at a garage sale

  1. #46
    VIP Member Array pittypat21's Avatar
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    Quote Originally Posted by ericb327 View Post
    If he concealed in his front yard in Illinois he might be breaking the law.
    Fortunately, he doesn't live in Illinois! From Michigan's State Police website, "MCL 750.227 allows you to carry a concealed pistol if you are in your home, place of business, or on other land possessed by you..."

    Additionally, MCL 750.227 specifically states:

    "(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."


    Also, Oneshot had previously posted this same information on page 1 of this thread. It had already been established that he can conceal carry in his own home, and on his own property, without a license.
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  3. #47
    Ex Member Array bmglock23's Avatar
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    Quote Originally Posted by ericb327 View Post
    Are you sure that is correct for all states. Kentucky just passed the law this year! I would be careful in making blanket statements like this. If he concealed in his front yard in Illinois he might be breaking the law.
    Obviously this assumes you can legally possess a gun in the first place. I doubt there's any state that allows LE to break into somebody's living room and arrest them for having a legal gun in their pocket.

  4. #48
    Distinguished Member Array ericb327's Avatar
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    Quote Originally Posted by bmglock23 View Post
    Obviously this assumes you can legally possess a gun in the first place. I doubt there's any state that allows LE to break into somebody's living room and arrest them for having a legal gun in their pocket.
    Agreed but were are talking about outside your home in your front yard.
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  5. #49
    VIP Member Array pittypat21's Avatar
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    Quote Originally Posted by ericb327 View Post
    Agreed but were are talking about outside your home in your front yard.
    In your home or in your yard, its all the same thing according to the law. It is all property that you possess, and therefore carrying of a concealed weapon without a permit would be allowed.
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  6. #50
    Distinguished Member Array ericb327's Avatar
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    Quote Originally Posted by pittypat21 View Post
    In your home or in your yard, its all the same thing according to the law. It is all property that you possess, and therefore carrying of a concealed weapon without a permit would be allowed.
    Im saying all states laws are not the same and there may be states that don't allow unlicensed carry outside the home even if on your property. If your positive please substantiate.
    For to win one hundred victories in one hundred battles is not the acme of skill. To subdue the enemy without fighting is the acme of skill. (Sun Tzu) The Art of War

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  7. #51
    Member Array kmf0925's Avatar
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    Quote Originally Posted by oneshot View Post
    In your neck of the woods, I doubt you would get many odd looks.

    You CAN carry concealed in Mi. as stated here without a CPL permit;

    MCL 750.227 allows you to carry a concealed pistol if you are in your home, place of business, or on other land possessed by you. If you do not possess the land, you may lawfully carry the pistol as long as you carry it non-concealed. Michigan appellate courts have held complete invisibility is not required for the weapon to be considered concealed. The weapon is concealed if it is not observed by those casually observing the person as people do in the ordinary and usual associations of life. Attorney General's opinion #3158 dated February 14, 1945, states a pistol carried in a holster or belt outside of the clothing in plain view is not considered concealed, but carrying under a coat would constitute concealed.

    Obtained from here;

    MSP - Michigan's Concealed Pistol Law - FAQs

    There is a wealth of information here from the MSP and I suggest anyone with a question to begin here.
    If you have a question that an answer is not found, email the MSP directly, and they will give you an honest, legitimate answer.

    Here is the link page for that, either by phone, snail mail or an email inquiry.

    MSP - Contact MSP
    I was just in the process of looking up this law

  8. #52
    VIP Member Array pittypat21's Avatar
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    Quote Originally Posted by ericb327 View Post
    Im saying all states laws are not the same and there may be states that don't allow unlicensed carry outside the home even if on your property. If your positive please substantiate.
    Please substantiate? Did you miss my post above? Let me paste it here again:

    "Fortunately, he doesn't live in Illinois! From Michigan's State Police website, "MCL 750.227 allows you to carry a concealed pistol if you are in your home, place of business, or on other land possessed by you..."

    Additionally, MCL 750.227 specifically states:

    "(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."

    Also, Oneshot had previously posted this same information on page 1 of this thread. It had already been established that he can conceal carry in his own home, and on his own property, without a license."
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  9. #53
    Ex Member Array bmglock23's Avatar
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    Quote Originally Posted by ericb327 View Post
    Agreed but were are talking about outside your home in your front yard.
    Find me a law in any state where "one's own property" differentiates between inside and outside a house.
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  10. #54
    VIP Member Array pittypat21's Avatar
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    Quote Originally Posted by ericb327 View Post
    If he concealed in his front yard in Illinois he might be breaking the law.
    Straight from the Illinois General Assembly compiled statutes, (720 ILCS 5/24-1) states that:

    "(a) A person commits the offense of unlawful use of weapons when he knowingly:
    (4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
    (i) are broken down in a non-functioning state; or
    (ii) are not immediately accessible; or
    (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card"


    So even in Illinois it is perfectly legal to carry a concealed weapon in your front yard.

    It should also be noted that if the law doesn't forbid something and declare it to be illegal, than it is not illegal.
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  11. #55
    Distinguished Member Array ericb327's Avatar
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    I'm misunderstood here. I'm saying making blanket statements are dangerous. KY just passed a law allowing CC on your property or business without a permit. I don't dispute the law in Michigan.
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  12. #56
    Distinguished Member Array ericb327's Avatar
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    Quote Originally Posted by pittypat21 View Post
    Straight from the Illinois General Assembly compiled statutes, (720 ILCS 5/24-1) states that:

    "(a) A person commits the offense of unlawful use of weapons when he knowingly:
    (4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
    (i) are broken down in a non-functioning state; or
    (ii) are not immediately accessible; or
    (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card"


    So even in Illinois it is perfectly legal to carry a concealed weapon in your front yard.

    It should also be noted that if the law doesn't forbid something and declare it to be illegal, than it is not illegal.
    Only if you possess an FOID card!
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  13. #57
    VIP Member Array pittypat21's Avatar
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    In this specific thread we are dealing with Michigan. It has been made known that Michigan allows it, and the OP isn't concerned with Kentucky. Since it was known from the beginning that the thread was specific to Michigan, bmglock23's statement is not a blanket statement, but a specific answer to the OP's question.
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  14. #58
    VIP Member Array pittypat21's Avatar
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    Quote Originally Posted by ericb327 View Post
    Only if you possess an FOID card!
    This is true! But you shouldn't be possessing the gun without the FOID card in the first place! So as long as you're legally possessing, you can legally carry on your own property.
    "Be polite, be professional, but have a plan to kill everyone you meet."
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  15. #59
    Distinguished Member Array ericb327's Avatar
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    Quote Originally Posted by pittypat21 View Post
    This is true! But you shouldn't be possessing the gun without the FOID card in the first place! So as long as you're legally possessing, you can legally carry on your own property.
    True!
    For to win one hundred victories in one hundred battles is not the acme of skill. To subdue the enemy without fighting is the acme of skill. (Sun Tzu) The Art of War

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  16. #60
    VIP Member Array pittypat21's Avatar
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    Quote Originally Posted by ericb327 View Post
    True!
    (Did we just agree on something?!)
    "Be polite, be professional, but have a plan to kill everyone you meet."
    -General James Mattis, USMC

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