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Posted: 6/22/2016 4:39:03 PM EDT
I'll be going camping/fishing up at the Tippy Dam campgrounds in late September and am trying to figure out what the open carry laws would be. Can a non resident open carry in the national forest there? Just looking to have something on me while out in the woods by myself.
Link Posted: 6/22/2016 10:35:19 PM EDT
[#1]
According to MCL 28.442, as a nonresident you can't purchase, carry, possess, or transport a pistol in Michigan except in 2 circumstances (Michigan requires licensing/registration of all pistols):



One:


(9) 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.




or Two:


(13) This section does not apply to a person who possesses a pistol if all of the following conditions apply:

(a) The person is not otherwise prohibited from possessing a pistol.

(b) The person is at a recognized target range or shooting facility.

(c) The person possesses the pistol for the purpose of target practice or instruction in the safe use of a pistol.

(d) The owner of the pistol is physically present and supervising the use of the pistol.




So you need to either be licensed in your state of residence, or engaged in target practice at a recognized range or shooting facility.  If you DO have a license from your state of residence I imagine that you could open carry or conceal carry subject to the same restrictions as Michigan residents, I couldn't find any statute to the contrary (but I'm no lawyer, make sure you familiarize yourself with the Michigan conceal carry laws, esp those regarding BAC and "Pistol Free Zones")
Link Posted: 6/29/2016 7:49:02 AM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So you need to either be licensed in your state of residence, or engaged in target practice at a recognized range or shooting facility.  If you DO have a license from your state of residence I imagine that you could open carry or conceal carry subject to the same restrictions as Michigan residents, I couldn't find any statute to the contrary (but I'm no lawyer, make sure you familiarize yourself with the Michigan conceal carry laws, esp those regarding BAC and "Pistol Free Zones")
View Quote

OP lists IL as his state. If that is the case, an FOID should be sufficient licensure to open carry, but will not cover concealed carry. IANAL, and the FOID is not explicitly covered, but it is a license to own a pistol.
Link Posted: 6/29/2016 10:40:59 PM EDT
[#3]
good catch
Link Posted: 6/30/2016 3:31:40 PM EDT
[#4]
From the FAQ at Michigan Open Carry, 15. I don't live in Michigan.  Can i open carry in Michigan?, scroll to the bottom of post for their opinion...

15. I don't live in Michigan.  Can I open carry in Michigan?

It depends.  MCL 28.422 states:


(1) Except as otherwise provided in this act, 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.

There is a relevant exception to this listed in subsection (8):


(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. (Editor's note: MCL 750.231a was modified by PA 427 of 2012 which removed this definition so this language is a left-over that needs to be cleaned up by the legislature)
(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.

The law also prescribes a penalty for non-compliance:


(9) An individual who is a nonresident of this state shall present the license described in subsection (8)(a) upon the demand of a police officer. An individual who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

So, to answer the question, do you have a license from "your state of residence" to "purchase, carry, or transport a pistol"?  It is our belief, for the purposes of MCL 28.422 an Illinois FOID (Firearm Owner ID) card would meet this requirement, provided the person "resides" in IL.  We also believe that a Concealed Pistol License (CPL), Concealed Weapons License, or equivalent that was issued by your state of residence would also qualify you for this exemption.
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