Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
11/22/2017 10:05:29 PM
Posted: 10/8/2004 2:25:53 AM EST
Prior to going to the range, I would like to load up a bunch of rifle magazines at home to save time once I arrive. I would transport them to the range in the very back of my hatchback car usually sitting in a milk crate. At no time would there ever be a magazine inserted into the magazine well until I got to the range. In another thread, somebody stated that doing this was illegal in Michigan because a loaded rifle magazine = loaded rifle in Michigan, even if no rifle is in the vehicle. Can this be true?
Link Posted: 10/8/2004 3:59:50 AM EST
I personally wouldn't worry about it....I wouldn't keep them in a milk crate in the same vicinity as the rifle...get yourself a small tacklebox, and pad lock lock em up in that, and keep that up fron with you, and the rifle in the back!



Rob
Link Posted: 10/8/2004 4:06:20 AM EST
I believe loaded mags are not legal and act accordingly. I personally (not a secondhand story) know a fellow who was arrested, prosecuted and CONVICTED (read:felony) for having a loaded Browning HP mag in his van. Happened in Oakland Co. The loaded mag was in the back in a bag with the pistol which was empty. He lost the BHP & his rights to own any firearm.
Link Posted: 10/8/2004 4:08:02 AM EST
Not true. Just keep the ammo/mags and rifle separated ie. the rifle has to be cased.
Link Posted: 10/8/2004 5:24:01 AM EST
I could be wrong, but I thought that with the revised CCW laws there was something about having a loaded mag and any type of a unloaded weapon in the same vehicle constitutes a loaded weapon. Even if one is locked in the trunk or glovebox. I don't have time to check on it now. This is something that I recall reading. My suggestion is to look into it yourself or call the state police and ask.
Link Posted: 10/9/2004 5:37:05 PM EST

Originally Posted By SouthHoof:
I believe loaded mags are not legal and act accordingly. I personally (not a secondhand story) know a fellow who was arrested, prosecuted and CONVICTED (read:felony) for having a loaded Browning HP mag in his van. Happened in Oakland Co. The loaded mag was in the back in a bag with the pistol which was empty. He lost the BHP & his rights to own any firearm.


Was the pistol cased and locked?
Link Posted: 10/14/2004 6:24:54 AM EST
I have talked with my uncle in the DNR about this and he says that as long as you are going to the range and not on a hunting trip there is nothing wrong with having loaded magazines, pistols excluded. As far as rifles go there isn't anything that dictates how you have to transport a rifle to the range.
Link Posted: 10/14/2004 7:56:47 AM EST
DNR says:
(copied pasted from above link MI DNR faq answer ID# 2307 )

the Office of Attorney General was asked about the legality of transporting a loaded magazine removed from the firearm in an enclosed case. They opined that a person need not unload the magazine for legal transport provided the firearm itself is unloaded in the barrel and the magazine is removed.
Link Posted: 10/14/2004 8:04:31 AM EST
Thank you everybody for answering my question.
Link Posted: 10/14/2004 11:10:14 AM EST

Originally Posted By Stryfe:

Was the pistol cased and locked?



To clarify,

He had the empty pistol & loaded mag in a pistol rug together, the mag was not in the pistol.
Link Posted: 10/14/2004 11:46:57 AM EST

Originally Posted By SouthHoof:

Originally Posted By Stryfe:

Was the pistol cased and locked?



To clarify,

He had the empty pistol & loaded mag in a pistol rug together, the mag was not in the pistol.



But was it locked, or not?
I'm guessing not.
Link Posted: 10/14/2004 4:21:56 PM EST
1. It was a pistol.
2. The loaded magazine was in the same container as the pistol.
3. He did not have a CCW/CHL.
4. Michigan is one step away from having the same civil rights as North Korea.

Makes perfect sense...
Link Posted: 10/15/2004 3:06:01 AM EST
[Last Edit: 10/15/2004 3:07:48 AM EST by ZitiForBreakfast]
There is no way in the world that with all the different LEO and what they know and what they dont know and the new laws around weapons and the patriot act that I would ever think about driving with loaded mag's in the same vehicle as my ar-15, even more so here in Michigan where Granholm hate our guts. I have a CCW as well, but I still wouldn't do so.

Do me a favor, here on the board is good advice, but as you can tell, there is is too many points of view. I have posted here in the past and our 'word' wont work "well the guys on AR15.com told me so!"...lol...find out for your self thorugh the courts and the LEO offices. They dont mind answering questions.
Link Posted: 10/15/2004 9:43:59 AM EST
[Last Edit: 10/18/2004 9:34:36 AM EST by monkeyman]

Originally Posted By ZitiForBreakfast:
There is no way in the world that with all the different LEO and what they know and what they dont know and the new laws around weapons and the patriot act that I would ever think about driving with loaded mag's in the same vehicle as my ar-15, even more so here in Michigan where Granholm hate our guts. I have a CCW as well, but I still wouldn't do so.

Do me a favor, here on the board is good advice, but as you can tell, there is is too many points of view. I have posted here in the past and our 'word' wont work "well the guys on AR15.com told me so!"...lol...find out for your self thorugh the courts and the LEO offices. They dont mind answering questions.



Well see, part of the problem is people advocating doing things or not doing things, not based on the law but based on what someone else says, or their interpretation of, misunderstanding of, or fear of the law.

I challenge anyone to show me any law in Michigan regulating firearm magazines.

I'll even help you...
Start by reading all the Michigan firearms laws. Mich Compiled Laws (MCL) Sections 750.222-750.239

Possesing/transporting firearms are covered specificaly in sections 750-227c and 750-227d
Link Posted: 10/17/2004 10:27:14 AM EST


Not true. Just keep the ammo/mags and rifle separated ie. the rifle has to be cased.




Is it law that it must be cased and what is the definition of case? bagged? locked hard case etc?
Link Posted: 10/17/2004 1:50:59 PM EST
...there seems to be about 5 different answer types to this question, yet none of them are definitive...
Link Posted: 10/19/2004 5:10:45 AM EST
[Last Edit: 10/19/2004 5:33:54 AM EST by monkeyman]

Originally Posted By wart78m:


Not true. Just keep the ammo/mags and rifle separated ie. the rifle has to be cased.




Is it law that it must be cased and what is the definition of case? bagged? locked hard case etc?



The law covers long guns and pistols a bit different. For long guns i750.227d says specficaly...Shall not transport or carry in a vehicle...

"...a firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:
(a) Taken down
(b) Enclosed in a case
(c) Carried in the trunk of the vehicle
(d) Inaccessable from the interior of the vehicle"

-Note that there is no requirment for a long gun to be in locked case, in fact you don't have to even have it in a case if one of the other things listed is followed.
-There is no definition of "case" but most would agree that it would be some sort of separate container.
-The above does not apply to firearms that are carried with a CCW.
-There is no definition of "taken down" though most people would agree that it means at least partialy disasembled ie, barrel and action separated, trigger assembly removed etc.
-Note that the law says "unloaded". There is no specific definition of "unloaded" in this section. It is generaly accepted that "unloaded" means no ammo in the firearm at all including the chamber or in a magazine which is in the firearm.

Carrying or transporting a pistol (not under a CCW) is different and is covered in MCL 750.231a

"(d) ...the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle"
"(e)...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 accessable to the occupants of the vehicle."

Note that the above pretty much eliminates carrying a pistol in the glove box or between the seat storage box of a vehicle. If you are transporting a pistol and you don't have a CCW, it should be in some sort of container and in the trunk. If you drive a van or SUV, it should be as far away from the occupants as possible. If you drive a PU and carry it in the cab, I suggest it should be under or behind the seat and in a locked container.
Top Top