I have been cruising the MI DNR site for information regarding the use of handguns for Whitetail hunting (in the UP).
Please help me with some questions:
Any handgun greater than ??cal can be used. Semi’s are OK I assume.
The weapon must be carried or holstered in the open.
I am not sure on MI handgun registration, would a non-resident be denied the ability to open-carry a handgun hunting given the non-resident status?
A good friend of mine from West Virginia checked with the state police to see what his handgun liscense requirements were - as long as he maintained his nonresident status he did not have to have a handgun registration card to go to the range or hunt with the handgun.
From the Michigan DNR website:
Carrying of Handguns in the Field
While in the field, handguns must be carried in plain view. Carrying a handgun in a holster in plain view is permitted.
Transportation of Handguns
You may transport your registered handguns while enroute to and from your hunting or target shooting area; however, handguns, including BB guns larger than .177 caliber and all pellet guns must be unloaded and in a closed case designed for the storage of firearms in the trunk of the vehicle. If the vehicle does not have a trunk, the handgun must be unloaded and in a closed case designed for the storage of firearms and cannot be readily accessible to any occupant of the vehicle.
It is a crime for certain felons to possess firearms, including rifles and shotguns, in Michigan. For more information regarding statewide handgun regulations, obtaining a concealed pistol license or Michigan concealed weapons and firearms laws, contact your local police department or visit the Michigan State Police website at www.michigan.gov/msp.
You are hunting in the UP - rifle zone - so a Semi Auto Pistol larger than 35 caliber should be OK - if you plug the magazine so it accepts no more than 8 rounds +1 in the barrel.
Also from the DNR website:
Firearm and Bow and Arrow Rules
Shell Capacity for Shotguns and Centerfire Rifles
It is unlawful to hunt with a semi-automatic shotgun or semi-automatic rifle, other than a .22 caliber rimfire, that can hold more than six shells in the barrel and magazine combined. Fully automatic firearms are illegal. All shotguns used for migratory game birds (including woodcock) must be plugged so the total capacity of the shotgun does not exceed three shells.
Archery Deer Seasons
During the archery deer seasons, it is illegal to carry afield a pistol, revolver or other firearm while bow hunting for deer. Exception: During special antlerless firearm deer seasons, a firearm deer hunter may carry afield a bow and arrow or firearm.
It is unlawful to carry afield or transport any rifle (including a .22 caliber rimfire) or shotgun if you have buckshot, slug, ball loads or cut shells. Exception: You may transport a firearm to your deer camp or to a target range during this period if the firearm is properly transported (see Transporting - Carrying Firearms and Bows and Arrows). A resident who holds a fur harvester license may carry a .22 caliber rimfire firearm while hunting furbearers or checking a trap line during the open season for hunting furbearers or trapping furbearing animals. You also may target shoot on your own property provided there is no attempt to take game.
November 15-30 Firearm Deer Season
It is illegal to carry or possess afield a centerfire or muzzleloading rifle, a bow and arrow, a centerfire or black powder handgun, or a shotgun with buckshot, slug or ball loads or cut shells, unless you have in your possession a 2004 firearm deer, combination deer or antlerless deer license with an unused kill tag issued in your name, or a 2004 firearm deer, combination deer or antlerless deer license with an unused deer management assistance permit (DMA) kill tag.
Muzzleloading Deer Seasons
During the December muzzleloading seasons, muzzleloading deer hunters can use only a muzzleloading rifle or muzzleloading shotgun or black power handgun loaded with black powder or a commercially manufactured black powder substitute.
All Firearm Deer Seasons-Rifle Zone
In the rifle zone, deer may be taken with handguns, rifles, bows and arrows, shotguns and muzzleloading firearms including black powder handguns. It is legal to hunt deer in the rifle zone with any caliber of firearm except a .22 caliber or smaller rimfire (rifle or handgun). Crossbows are legal to use by a person 14 years of age or older during the November 15-30 firearm deer season. Exception: See Muzzleloading Deer Seasons above for restrictions during this season.
All Firearm Deer Seasons-Shotgun Zone
In the shotgun zone, all hunters afield from November 15-30, and all deer hunters in this zone during other deer seasons, must abide by the following firearm restrictions or use a bow and arrow. Crossbows are legal to use by a person 14 years of age or older during the November 15-30 firearm deer season. Legal firearms are as follows:
* A shotgun may have a smooth or rifled barrel and may be of any gauge.
* A muzzleloading rifle or black powder handgun must be loaded with black powder or a commercially manufactured black powder substitute.
* A conventional (smokeless powder) handgun must be .35 caliber or larger and loaded with straight-walled cartridges and may be single- or multiple-shot but cannot exceed a maximum capacity of nine rounds in the barrel and magazine combined.
Exception: See Muzzleloading Deer Seasons for restrictions during this season. From November 15-30, .22 caliber rimfire rifles and handguns may be used to kill raccoon while hunting raccoons with dogs between the hours of 7 p.m. and 6 a.m
So a non-resident can carry a sidearm.
I had read the text you included, thanks for the response.
My question was: Does the same .35cal rule apply for centerfire handgun?
Edited to add: duh, they refer to centerfire handgun as 'smokeless'.
I had grown real accustomed to keeping my carry piece while hunting in TX. With the 8+1 capacity rule, I can still holster a 1911.
Boomholzer, The best thing to do is to contact the Michigan DNR. Our hunting law and firearms law overlap sometimes and they can be very confusing. For example... You can carry a concealed pistol if you have a CCW but if you are bow hunting you can't carry one. Also because of the hunting laws you can't carry a loaded firearm into the field before or after shooting hours this includes a concealed pistol even if you have a CCW. Michigan game and hunting laws supersede the CCW laws. Again the best thing to do is to contact the DNR and ask. The last thing you want to do is get caught doing something with a firearm that is against the law.
I have looked at the DNRs question section and it looks like they are saying that the only way a nonresident can hunt with a handgun is if they have a CCW from their state. Again call and ask.
I am writing a email now. MI does not allow for non-resident CCW licensing (TX does).
So, only a CCW license holder can own, hunt and target practice with a handgun in MI.
That response is as clear as mud.
Maybe my friend received some bad advice???
That email sure sounds as if an accepted out of state CCW liscense in necessary to bring a handgun into the state with the intention of using it for any purpose.
Just went to the state police website:
21. I am an out-of-state resident. Can I legally hunt deer with a pistol in Michigan?
MCL 750.231a If you have a license to carry a concealed pistol issued by another state, you may qualify to possess a pistol while hunting depending on the license restrictions from your home state and providing you are also in possession of a valid Michigan non-resident hunting license. You must also carry in compliance with all Michigan's firearms laws. For further questions regarding firearms issued as they relate to hunting see: http://midnr.custhelp.com/cgi-bin/MiDNR.cfg/php/enduser/std_alp.php
Correct -- you MUST have a concealed carry license (from any state) to hunt with a handgun as a non-resident in Michigan.
Open-carry handgun hunting without a CCW or CHL is only legal for Michigan residents.
I don't think "any state"......... I think only states who have a CHL license that MI honors.
For example, a CHL holder from Indy would be OK but a CHL holder from Texas (me) would not be OK. Right?
What if you have a CHL from a state that allows non-residents to apply (MI does not), but you don't live in that particular state and also are a non-resident of MI??? You have a VALID CHL for a state you do not reside in and are using it in MI to open-carry a handgun while hunting.
To carry in Michigan if you are not a resident of Michigan you need to be a resident of the state that has issued the carry permit. The same would go for hunting with a handgun.
To carry in MI you need to be a resident of a state whose CHL is honored by MI, not simply just a CHL holder from any state.
The text on hunting in MI with a handgun and what the actual CHL requirements are seems to be a dodged point on the DNR website.
That is correct.
Here is a link to the Michigan state police web site.
Or maybe you just need any CHL from any state? There is a point of "from your home state" but no effort in clarifing if any CCW states are not included.
Follow this link to the Michigan Attorny Generals site on Michigan CCW Reciprocity. You need to be a resident of one of the states that Michigan has a reciprocity agreement with.
"the only way a nonresident can hunt with a handgun is if they have a CCW from their statesident can hunt with a handgun is if they have a CCW from their state"
That is correct....I lived in Wisconsin...wanted to hunt with my father in the UP
No way baby....I would have had to move to a state with CCW
They like to make lotsm of laws in MI
Just got off the phone with the MI State Police.
I got transfered a few times but the questions were answered in a friendly manner.
1) MI DOES honor the CHL from ANY other state.
2) The non-resident MUST be a citizen of the state in which they hold the CHL. (i.e. I am screwed in WI, even though I can carry in TX, FL, OK, AR, AL,.......and a handful of other states).
3) The same rules apply for open-carry hunting.
Michigan honors *all* states CCW/CHL (regardless of reciprocity) which is why I said "from any state." You *may* have to actually have residency in the state that issued the permit as well, but I don't believe that this was the case for non-Michigan residents at one point.
Check out packing.org for more info:
According to the State Police you do.