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

Cupcake · July 4th, 2008, 09:23 AM

I printed one of these for each glovebox.

Quote:

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.

Anubis · July 4th, 2008, 10:05 AM

Your 3rd point indicates that an out of state visitor to MI could not legally have a pistol, even for open carry as a pedestrian, without a recognized CCW permit. Seems odd.

Cupcake · July 4th, 2008, 10:24 AM

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."

ozshadow · July 4th, 2008, 10:47 AM

Be advised that these are only persuasive argument if you are charged with anything. These opinions by the state police or even attorney general are NOT binding legal precedent.

Tubby45 · July 4th, 2008, 10:58 AM

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.

Cupcake · July 4th, 2008, 03:21 PM

Quote:

Originally Posted by ozshadow

Be advised that these are only persuasive argument if you are charged with anything. These opinions by the state police or even attorney general are NOT binding legal precedent.

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.

Tubby45 · July 4th, 2008, 09:15 PM

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.

para owner · July 4th, 2008, 09:53 PM

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.

Tubby45 · July 4th, 2008, 11:30 PM

Quote:

Originally Posted by para owner

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.

Quote:

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.

Cupcake · July 5th, 2008, 08:15 AM

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/ms...6_238184_7.pdf

July 4th, 2008, 10:05 AM	#2
Anubis Senior Member Join Date: Dec 2004 Location: Arapahoe County CO Posts: 861	Your 3rd point indicates that an out of state visitor to MI could not legally have a pistol, even for open carry as a pedestrian, without a recognized CCW permit. Seems odd. __________________ "If you got to shoot, shoot! Don't talk!" -Tuco Ramirez-

July 4th, 2008, 10:24 AM	#3
Cupcake VIP Member Join Date: Mar 2007 Location: Michigan Posts: 2,541	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." __________________ Pain is temporary, quitting is forever. www.zerotoathlete.blogspot.com My journey to fitness.

July 4th, 2008, 10:58 AM	#5
Tubby45 Distinguished Member Join Date: May 2005 Location: In the reloading room Posts: 1,964	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. __________________ Freakshow Manufacturing LLC "You can kill it. We can help." 07 FFL/ 02 SOT

July 4th, 2008, 09:15 PM	#7
Tubby45 Distinguished Member Join Date: May 2005 Location: In the reloading room Posts: 1,964	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. __________________ Freakshow Manufacturing LLC "You can kill it. We can help." 07 FFL/ 02 SOT

July 5th, 2008, 08:15 AM	#10
Cupcake VIP Member Join Date: Mar 2007 Location: Michigan Posts: 2,541	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/ms...6_238184_7.pdf __________________ Pain is temporary, quitting is forever. www.zerotoathlete.blogspot.com My journey to fitness.

July 4th, 2008, 10:47 AM	#4
ozshadow Member Join Date: Mar 2007 Location: SE Michigan Posts: 104	Be advised that these are only persuasive argument if you are charged with anything. These opinions by the state police or even attorney general are NOT binding legal precedent.

July 4th, 2008, 09:53 PM	#8
para owner New Member Join Date: Apr 2008 Location: Michigan Posts: 13	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.

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