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Posted: 9/28/2014 8:21:43 PM EDT
Spoke with a DNR officer today about the legalities of this.  She said it is illegal.  Imo if open carry is legal i don't see how carrying on private property could be anything but.  Wouldn't they have to prove intent to shoot an animal?
Link Posted: 9/28/2014 8:50:51 PM EDT
[#1]
We need more information.  Your post says carrying a "gun."

I would suspect that the type of gun is going to make a difference.

If you are bowhunting, and you have your CCW Glock, that seems reasonable.

If you are bowhunting, and you are also toting your AR-10 with a scope, I could see how they might have a poaching argument.

Keep in mind that I have not done any of the legal research, and I'm not opining on the law.  I'm just pointing out that some instances would appear more reasonable than others.
Link Posted: 9/28/2014 9:59:43 PM EDT
[#2]
If your talking about a handgun specifically while bow hunting for deer then you can carry a pistol if you have a CPL. Otherwise no.

Pages 18-22 in the MI Hunting Digest.
During the archery deer seasons, it is illegal to carry afield a pistol, revolver, or other firearm while bow hunting for deer. Exception: This prohibition does not apply to pistols carried under authority of a concealed pistol license or properly carried under authority of a specific exception from the requirement of a concealed pistol license. However, a concealed pistol license does not authorize the individual to use the pistol to take game except as provided by law.
Link Posted: 9/28/2014 10:34:54 PM EDT
[#3]
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Quoted:
If your talking about a handgun specifically while bow hunting for deer then you can carry a pistol if you have a CPL. Otherwise no.

Pages 18-22 in the MI Hunting Digest.
During the archery deer seasons, it is illegal to carry afield a pistol, revolver, or other firearm while bow hunting for deer. Exception: This prohibition does not apply to pistols carried under authority of a concealed pistol license or properly carried under authority of a specific exception from the requirement of a concealed pistol license. However, a concealed pistol license does not authorize the individual to use the pistol to take game except as provided by law.
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Late at night, so don't take this as 100% correct...I am not a lawyer...blah blah.

However, the part in red would apply to private property if you're the owner.

Your post lacks sufficient details, but I would side with the DNR in that it is illegal except a narrow exclusion. If the land belongs to you, and it is a pistol, then I would believe you are legal. In any other situation, it would be illegal.
Link Posted: 9/29/2014 7:41:24 AM EDT
[#4]
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Quoted:

Late at night, so don't take this as 100% correct...I am not a lawyer...blah blah.

However, the part in red would apply to private property if you're the owner.

Your post lacks sufficient details, but I would side with the DNR in that it is illegal except a narrow exclusion. If the land belongs to you, and it is a pistol, then I would believe you are legal. In any other situation, it would be illegal.
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Quoted:
Quoted:
If your talking about a handgun specifically while bow hunting for deer then you can carry a pistol if you have a CPL. Otherwise no.

Pages 18-22 in the MI Hunting Digest.
During the archery deer seasons, it is illegal to carry afield a pistol, revolver, or other firearm while bow hunting for deer. Exception: This prohibition does not apply to pistols carried under authority of a concealed pistol license or properly carried under authority of a specific exception from the requirement of a concealed pistol license. However, a concealed pistol license does not authorize the individual to use the pistol to take game except as provided by law.

Late at night, so don't take this as 100% correct...I am not a lawyer...blah blah.

However, the part in red would apply to private property if you're the owner.

Your post lacks sufficient details, but I would side with the DNR in that it is illegal except a narrow exclusion. If the land belongs to you, and it is a pistol, then I would believe you are legal. In any other situation, it would be illegal.

It is legal to carry a concealed pistol on your own property without a concealed pistol license, whether the DNR will accept that IDK
I do know it's legal to carry a pistol concealed or otherwise with a CPL during bow season.
Link Posted: 9/29/2014 10:03:43 AM EDT
[#5]
It falls to intent and is certainly open to officers discretion until you get to court...   While it would be legal to simply open carry a scoped rifle around your property, it's gets fuzzy when you start "hunting".  A pistol carried as protection and holstered or concealed is likely good to go.  A rifle or long gun probably not...  It's your property but the state has authority to place restrictions on hunting activities.  Bottom line is you could be charged and end up defending why you had a long gun with you, in court...  If it's a long range rifle you are going to have a problem with a self defense argument.  A shotgun, well maybe....  Id load birdshot.
Link Posted: 9/29/2014 9:20:13 PM EDT
[#6]

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Quoted:


It falls to intent and is certainly open to officers discretion until you get to court...   While it would be legal to simply open carry a scoped rifle around your property, it's gets fuzzy when you start "hunting".  A pistol carried as protection and holstered or concealed is likely good to go.  A rifle or long gun probably not...  It's your property but the state has authority to place restrictions on hunting activities.  Bottom line is you could be charged and end up defending why you had a long gun with you, in court...  If it's a long range rifle you are going to have a problem with a self defense argument.  A shotgun, well maybe....  Id load birdshot.
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That all makes sense.

 



What got me on the defensive was when she said open carry isn't illegal, but technically not legal since no law says it's legal.
Link Posted: 9/30/2014 5:21:12 PM EDT
[#7]
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Quoted:
What got me on the defensive was when she said open carry isn't illegal, but technically not legal since no law says it's legal.
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That's basically a scare tactic. Open carry is never explicitly stated as a legal activity in any of MI's laws, but it's also never stated as illegal. Anything not specifically stated in law as being illegal is legal until a law passes stating otherwise.
Link Posted: 10/9/2014 11:26:45 AM EDT
[#8]
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Quoted:
That all makes sense.  

What got me on the defensive was when she said open carry isn't illegal, but technically not legal since no law says it's legal.
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Quoted:
Quoted:
It falls to intent and is certainly open to officers discretion until you get to court...   While it would be legal to simply open carry a scoped rifle around your property, it's gets fuzzy when you start "hunting".  A pistol carried as protection and holstered or concealed is likely good to go.  A rifle or long gun probably not...  It's your property but the state has authority to place restrictions on hunting activities.  Bottom line is you could be charged and end up defending why you had a long gun with you, in court...  If it's a long range rifle you are going to have a problem with a self defense argument.  A shotgun, well maybe....  Id load birdshot.
That all makes sense.  

What got me on the defensive was when she said open carry isn't illegal, but technically not legal since no law says it's legal.


I called the Attorney General's office on a local undersheriff who threatened to confiscate anyone's CPL who was caught open carrying a pistol. AG's office said open carry was legal. AG's office called the sheriff who had the undersheriff write me a letter.

Called AG on bunny cop who demanded my open carry pistol while I was target shooting.  Wanted to run the serial number to see if handgun was stolen, wanted to see my pistol registration card and CPL.  I again told him to eat shit and go read up on law.  No registration card in Michigan, no need to show a CPL if open carrying (I wasn't hunting) and they can not run your pistol's serial number to check to see if it is stolen without first having a legal reason to do so.


In Michigan, it is legal for a person to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed. You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm.

A CPL holder is not required by law to carry a pistol concealed. A CPL holder may carry a pistol concealed or non-concealed.

Officers are reminded that the Fourth Amendment protects citizens from unreasonable searches and seizures. Carrying a non-concealed firearm is generally legal. Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot. For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol.

Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation.

http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf


If you are sitting in a blind or stand with a bow or crossbow during the bow season you will need to have a CPL. If you aren't in the act of hunting but are just working or walking on your private property, you can open carry your pistol.

When I was stopped on state land by the bunny cop it was small game season, he didn't ask for a hunting license, he just wanted to run my serial number, which I told him he wasn't going to do and wanted to see my pistol registration green card, which I told him was not required to be carried and they were no longer even issued.
Link Posted: 10/9/2014 2:52:06 PM EDT
[#9]
As long as you're not shooting deer or doing any form of hunting with a firearm aside you (target shooting from a deer stand isn't going to fly), there is nothing that stops them from stopping you carrying on your own property.


So no one can target shoot or shoot at their own private ranges because the DNR says so?  I don't think so.
Link Posted: 10/19/2014 1:06:15 AM EDT
[#10]
There was actually a recent discussion about this on the Michigan Bow Hunter group on FB.

I cleared it up for everyone.

If you are bow hunting on private property or your own personal property, you can carry a pistol on your person either open or concealed without needing a CPL.

If you are on state land/public land bow hunting, you cannot carry a pistol on your person unless you have a CPL.

I confirmed these both with a friend of mine who is a DNR officer.

Both are under the stipulation that you are not hunting with the pistol and are having it on your person as protection only.

I dug up all the codes for the laws to confirm those statements and posted them on the group. If its needed I can dig around on the group page and find them again.
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