Is Section 750.227d the right section to look at? The part "other than a pistol" has me thinking not. I'm wondering if I can legally keep a pistol in a backpack or a soft case of some kind unlocked.

Thanks,



THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty.

Sec. 227d.

(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel either of the following:

(a) A firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:

(i) Taken down.

(ii) Enclosed in a case.

(iii) Carried in the trunk of the vehicle.

(iv) Inaccessible from the interior of the vehicle.

(b) A pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber unless the pneumatic gun is unloaded and is 1 or more of the following:

(i) Taken down.

(ii) Enclosed in a case.

(iii) Carried in the trunk of the vehicle.

(iv) Inaccessible from the interior of the vehicle.

(2) A person who violates this section 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.


History: Add. 1981, Act 103, Eff. Mar. 31, 1982 ;-- Am. 2015, Act 26, Eff. July 1, 2015

As I was told by a "MGO" legal beagle. The pistol/revolver/handgun needs to be in a case DESIGNED for such, and unloaded. unless you have a CPL

Not a lawyer and had too much to drink to try and translate legalese. But from what my CPL instructor told me, without a CPL, you can only carry a pistol in a vehicle to and from a destination and it has to be unloaded and locked in a case.

+1


OP, Do you have a CPL?





 

First, do you have a CPL?

Next, 750.227d is not the correct statute to refer to when transporting a pistol.

Let's dive in to the relevant laws here:
MCL 750.227 tells us that we cannot carry a pistol in a vehicle unless licensed. This statute is the basis for an unsecured pistol in a vehicle being treated as a concealed firearm, whether or not it is actually concealed within the vehicle.

(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.

MCL 750.231a provides us with some exceptions to MCL 750.227.

(1) Subsection (2) of section 227 does not apply to any of the following:

(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.

(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.

This statute shows that if we do not have a CPL, we must be transporting the pistol for a lawful purpose and not just driving around with it. Also, it must be kept unloaded, in a case designed for firearms, and transported in the trunk or in a manner inaccessible to the occupants (i.e. a locked case).

This interpretation is confirmed by the Michigan's Concealed Pistol Law - FAQs on the MSP website:

1.  If I do not have a CPL permit, may I transport my pistol in a motor vehicle?

MCL 750.231a   A person is permitted to transport a pistol for a lawful purpose if the owner or occupant of the vehicle is the registered owner of the firearm and the pistol is unloaded, in a closed case designed for the storage of firearms, and in the trunk of the vehicle. If the vehicle does not have a trunk, the pistol may be in the passenger compartment of the vehicle provided the pistol is unloaded, in a closed case designed for the storage of firearms, and not readily accessible to the occupants of the vehicle.

Yes I have a CPL and don't have anything to lock it in when I'm at a gun free zone I would like to secure it in some kind of soft case.

this.
J-

I would say you would be fine then. Depending on where you are (and actually pretty much anywhere anymore) make sure that the pack etc is hidden when you park and leave it so that some dick head doesn't break in thinking he's gonna get a laptop etc and end up with your pistol when he steals the pack.

J-

MGO.....the RAG of all forums! I wouldn't believe anything from those retards!


But in this case he is correct. Everyone gets lucky once in a while