Non resident open carry in MI - Page 3
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Thread: Non resident open carry in MI

  1. #21
    Quote Originally Posted by Golden Eagle View Post
    1st you should never get legal advice from police.
    2nd what MSP posted there is their opinion.
    3rd What you read is our Concealed Pistol Law, we are talking OC here.
    I just think that MSP web page is a joke.
    Don't rely on any advice you get from here, either. You're going to read a mix of answers, and trying to figure out the right one, could cost you your pistol.
    Big Gay Al: Big Gay Al's Big Gay (Gun) Blog
    An unarmed person speaking of the benefits of gun control is like a
    eunuch speaking about the benefits of sexual abstinence.

  2.   
  3. #22
    28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; nonresidents; basic pistol safety brochure; forging application; implementation during business hours.
    Sec. 2. (1) Except as otherwise provided in this section, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.
    (2) A person who brings a pistol into this state who is on leave from active duty with the armed forces of the United States or who has been discharged from active duty with the armed forces of the United States shall obtain a license for the pistol within 30 days after his or her arrival in this state.

    (7) This section does not apply to the purchase of pistols from wholesalers by dealers regularly engaged in the business of selling pistols at retail, or to the sale, barter, or exchange of pistols kept as relics or curios not made for modern ammunition or permanently deactivated. This section does not prevent the transfer of ownership of pistols that are inherited if the license to purchase is approved by the commissioner or chief of police, sheriff, or their authorized deputies, and signed by the personal representative of the estate or by the next of kin having authority to dispose of the pistol.

    (8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following conditions apply:
    (a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
    (b) The individual is in possession of the license described in subdivision (a).
    (c) The individual is the owner of the pistol he or she possesses, carries, or transports.
    (d) The individual possesses the pistol for a lawful purpose as that term is defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.
    (e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.
    Note, it says that ALL the conditions under Sec. 2 paragraph 8 must be met. Note to, it says in the beginning you must have a license to "purchase, carry, or transport" from their home state. I guess this is why Illinois' FOID card is recognized here, for that purpose.

    So, unless Wisconsin issues a license to carry, purchase or transport firearms, better not bring any pistols to this state.
    Big Gay Al: Big Gay Al's Big Gay (Gun) Blog
    An unarmed person speaking of the benefits of gun control is like a
    eunuch speaking about the benefits of sexual abstinence.

  4. ya, I knew that lol.

    I knew that what they would charge you with is having a non-registered pistol. What i do know know is the penalty, civil fine (and loss of the weapon) or misdemeanor with possible jail time and fine (and loss of the weapon).

    either way, I'm pretty sure it would ruin your vacation.

    In addition, not sure on this, you need to check it out on your own. The immunity statues in Michigan possibly would not apply, meaning that you could possibly be sued much easier. Of course as said earlier, don't trust me (or anybody on the web), check it out on your own.

    you possible have another issue besides the illegal pistol. I am not sure on this, but i would suggest you check it out on your own. The Michigan DNR hunting laws are fairly restrictive for open carry in game areas, and where you snowmobile is likely to be a game area. You can concealed carry in game areas without restrictions from the DNR, but can not open carry without a hunting license in some cases (especially out of season). you may need to buy a hunting license to open carry where you are going to be snowmobiling. I think Varmints are open year round (its always fun to try to convince a DNR officer that you were squirrel hunting with a .45 lol and just as difficult as trying to convince him you were not poaching deer with that .45). Don't forget to check magazine restrictions. i am not sure on this, but i think you better check on it before your vacation is ruined. just saying.

    lastly, I am not sure of the exact details, but i think i have heard somewhere that not all state laws apply to Indian reservations. if you head over to Mt. Pleasant (or any other Indian reservation), you really need to check this out. They have their own police force, and what you read about Michigan law may or may not apply. again, i am just saying, check it out.

    As for not depending on the Michigan state police for what the law is, for the most part, they set the standard of what the officer on the street is taught, and thats the guy who is going to ruin your day. Seems to me IMHO, its a good idea to know what he has been trained to do. I agree that they are not the final arbitrator, but it costs lots of money and is a high risk task to get to the final arbitrator IMHO. If you have the money and are willing to take all the risks go for it.

    good luck and have fun on your vacation.

  5. #24
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    One more state that will never make another dime off me.

  6. #25
    Quote Originally Posted by Nightmare45 View Post
    One more state that will never make another dime off me.
    Wisconsin, or Illinois?
    Big Gay Al: Big Gay Al's Big Gay (Gun) Blog
    An unarmed person speaking of the benefits of gun control is like a
    eunuch speaking about the benefits of sexual abstinence.

  7. #26
    Quote Originally Posted by Big Gay Al View Post
    Note, it says that ALL the conditions under Sec. 2 paragraph 8 must be met. Note to, it says in the beginning you must have a license to "purchase, carry, or transport" from their home state. I guess this is why Illinois' FOID card is recognized here, for that purpose.

    So, unless Wisconsin issues a license to carry, purchase or transport firearms, better not bring any pistols to this state.
    Good find Big Gay Al the gun its self can't be here. All the all the discussions on ocdo and research I've done I've never seen that one. But you should have posted it a week ago now hyrczyk is in the woods and the Mich Leo's will now know to arrest anyone from WI, yeah its all your fault Al !

  8. Be aware, The Federal Gun Free School Zones Act of 1995 makes it a federal felony for you to possess a loaded gun within 1000 feet of the property line of any K-12 school, unless you have a carry permit physically issued by the State in which the school is located. This makes it extremely difficult, if not impossible, for you to legally carry in developed areas. The law does not recognize State reciprocity agreements.

  9. #28
    Quote Originally Posted by Golden Eagle View Post
    Good find Big Gay Al the gun its self can't be here. All the all the discussions on ocdo and research I've done I've never seen that one. But you should have posted it a week ago now hyrczyk is in the woods and the Mich Leo's will now know to arrest anyone from WI, yeah its all your fault Al !
    Let's hope the LEOs in the area of hyrczyk are as ignorant of that part of the law as they are about the rest.
    Big Gay Al: Big Gay Al's Big Gay (Gun) Blog
    An unarmed person speaking of the benefits of gun control is like a
    eunuch speaking about the benefits of sexual abstinence.

  10. #29
    Quote Originally Posted by Eagle2009 View Post
    Be aware, The Federal Gun Free School Zones Act of 1995 makes it a federal felony for you to possess a loaded gun within 1000 feet of the property line of any K-12 school, unless you have a carry permit physically issued by the State in which the school is located. This makes it extremely difficult, if not impossible, for you to legally carry in developed areas. The law does not recognize State reciprocity agreements.
    Personally, I think the Federal GFSZ act is unconstitutional.
    Big Gay Al: Big Gay Al's Big Gay (Gun) Blog
    An unarmed person speaking of the benefits of gun control is like a
    eunuch speaking about the benefits of sexual abstinence.

  11. Quote Originally Posted by Big Gay Al View Post
    Personally, I think the Federal GFSZ act is unconstitutional.
    The United States Appellate Courts for the First, Third, Sixth, Eight, Ninth, Tenth, and Eleventh Circuits disagree with you.

    United States vs Danks

    United States vs Tait

    United States vs Haywood

    United States vs Smith

    United States vs Dorsey

    United States vs Nieves-Castano

    United States vs Weekes

    United States v Benally

    United States vs Cruz Rodrigues

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