Posted: 1/18/2013 12:59:03 PM EDT
| What are the laws regarding possession of a pistol for an IL resident in MI? From what I have found it seems to be legal as long as I am able to posses it in my home state and am not in MI for more than 180 days. Is there anything else I should be aware of. |
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Make sure when you are transporting them, they are encased, unloaded, and in the trunk or otherwise inaccessible to the occupants if the vehicle does not have a trunk. Magazines do not have to be unloaded, but cannot be inserted in the firearm even if the chamber is empty.
To be on the safe side, make sure you have your FOID available in case any issues arise. Chances are, will not need it though. |
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In a truck, I would have them behind the seat. I would be able to argue they would be inaccessible to the occupants while being driven that way. Its a crew cab. I usually have everything in my rifle case on the floor in the back seat. I have a tool box but it is not lockable. |
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Are you moving to Michigan and intending on becoming a resident?
Do you have a concealed handgun licence (CPL) issued from the state you are a resident of? Are you just driving through Michigan and do not intend on stopping? It is my understanding that those three allow you to bring the pistol into or through the state. If you are just coming to visit and don't have a CPL from your state you can not legally bring a pistol according to some police officers I have talked to, but not according to the actual law below. Give me a few to find the link. If you are a non-resident of Michigan with a valid concealed pistol permit from your home state, Michigan will recognize your permit. However, you must carry in conformance with any and all restrictions appearing on the permit. You are subject to Michigan's concealed pistol law including but not limited to restrictions on where a concealed pistol may be carried. http://www.michigan.gov/msp/0,4643,7-123-1591_3503_4654-10957--,00.html
28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications;
http://www.legislature.mi.gov/documents/publications/firearms.pdf
applications; sale of pistol; exemptions; nonresidents; basic pistol safety brochure; forging application; implementation during business hours. Sec. 2. (1) Except as otherwise provided in this section, 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. (2) A person who brings a pistol into this state who is on leave from active duty with the armed forces of the United States or who has been discharged from active duty with the armed forces of the United States shall obtain a license for the pistol within 30 days after his or her arrival in this state. (3) The commissioner or chief of police of a city, township, or village police department that issues licenses to purchase, carry, possess, or transport pistols, or his or her duly authorized deputy, or the sheriff or his or her duly authorized deputy, in the parts of a county not included within a city, township, or village having an organized police department, in discharging the duty to issue licenses shall with due speed and diligence issue licenses to purchase, carry, possess, or transport pistols to qualified applicants residing within the city, village, township, or county, as applicable unless he or she has probable cause to believe that the applicant would be a threat to himself or herself or to other individuals, or would commit an offense with the pistol that would violate a law of this or another state or of the United States. An applicant is qualified if all of the following circumstances exist: (a) The person is not subject to an order or disposition for which he or she has received notice and an opportunity for a hearing, and which was entered into the law enforcement information network pursuant to any of the following: (i) Section 464a of the mental health code, 1974 PA 258, MCL 330.1464a. (ii) Section 5107 of the estates and protected individuals code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA 642. (iii) Section 2950 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950. (iv) Section 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950a. (v) Section 14 of 1846 RS 84, MCL 552.14. (vi) Section 6b of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b, if the order has a condition imposed under section 6b(3) of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b. (vii) Section 16b of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.16b. (b) The person is 18 years of age or older or, if the seller is licensed under 18 USC 923, is 21 years of age or older. (c) The person is a citizen of the United States and is a legal resident of this state. For the purposes of this section, a person shall be considered a legal resident of this state if any of the following apply: (i) The person has a valid, lawfully obtained Michigan driver license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal identification card issued under 1972 (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. (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. (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. (10) The licensing authority may require a person claiming active duty status with the United States armed forces to provide proof of 1 or both of the following: (a) The person's home of record. (b) Permanent active duty assignment in this state. (11) This section does not apply to a person who is younger than the age required under subsection (3)(b) and who possesses a pistol if all of the following conditions apply: (a) The person is not otherwise prohibited from possessing that pistol. (b) The person is at a recognized target range. (c) The person possesses the pistol for the purpose of target practice or instruction in the safe use of a pistol. (d) The person's parent or guardian is physically present and supervising the person. (e) The owner of the pistol is physically present. (12) 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. (13) The licensing authority shall provide a basic pistol safety brochure to each applicant for a license under this section before the applicant answers the basic pistol safety review questionnaire. A basic pistol safety brochure shall contain, but is not limited to providing, information on all of the following subjects: (a) Rules for safe handling and use of pistols. (b) Safe storage of pistols. (c) Nomenclature and description of various types of pistols. (d) The responsibilities of owning a pistol. (14) The basic pistol safety brochure shall be supplied in addition to the safety pamphlet required by section 9b. (15) The basic pistol safety brochure required in subsection (13) shall be produced by a national nonprofit membership organization that provides voluntary pistol safety programs that include training individuals in the safe handling and use of pistols. (16) A person who forges any matter on an application for a license under this section is guilty of a felony, punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. (17) A licensing authority shall implement this section during all of the licensing authority's normal business hours and shall set hours for implementation that allow an applicant to use the license within the time period set forth in subsection (4). History: 1927, Act 372, Eff. Sept. 5, 1927;¾CL 1929, 16750;¾Am. 1931, Act 333, Imd. Eff. June 16, 1931;¾Am. 1941, Act 112,] Does Illinois issue a license to carry, purchase or own a pistol? IL FOID card? If the answer is yes, then it would appear that if you have that in your possession then you could legally bring a handgun into the state and open carry where legal. But, you should print off the law and have it and the license and a picture ID in your possession at all times. I have had LEO's tell me they would confiscate any firearm open carried legally. I have had LEO tell me I have to have a registration card in my possession (no such thing in MI any more). Demand to see my CPL when I was open carrying, target shooting in the woods (perfectly legal). Never asked to see hunting license. |
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In a truck, I would have them behind the seat. I would be able to argue they would be inaccessible to the occupants while being driven that way. Its a crew cab. I usually have everything in my rifle case on the floor in the back seat. I have a tool box but it is not lockable. Backseat of a crew cab would not be inaccessible to the occupants of the vehicle. You have to declare a firearm on a traffic stop if you have one in the vehicle (not likely if in a trunk), if you don't have a concealed handgun license and a handgun is concealed within reach of an occupant/passenger you are asking for trouble. These rules apply whether your vehicle is parked, stopped, moving or is on private or public property. Firearms must be unloaded in the barrel, and all arrows must be in a quiver when a hunter is afield outside the legal hunting hours.
At all times when carried in or on a motor vehicle, including snowmobiles: Rifles, shotguns, muzzleloading and other firearms must be unloaded in both barrel and magazine and enclosed in a case or carried in the trunk of a vehicle. Crossbows, slingshots, and bows and arrows must be enclosed in a case or unstrung or carried in the trunk of a vehicle. At all times, when carried in or on an off-road vehicle (ORV): Rifles, shotguns, muzzleloading and other firearms must be unloaded in both barrel and magazine and enclosed in a case or equipped with and made inoperative by a manufactured keylocked trigger-housing mechanism. Crossbows, slingshots, and bows and arrows must be enclosed in a case or unstrung. At all times, when carried in or on a motor-propelled boat or sailboat: Rifles, shotguns, muzzleloading and other firearms must be unloaded in both barrel and magazine. Firearms may not be loaded. Exception: See the 2012-2013 Waterfowl Hunting Digest, under the Joint State-Federal Migratory Bird Hunting Regulations section. Exception: These rules do not apply to a pistol 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. See Statewide Handgun Regulations. Statewide Handgun Regulations
http://www.michigan.gov/dnr/0,1607,7-153-10366_37141_37706-31584--,00.html
The rules listed below may not apply to those having a concealed pistol license (CPL) or those specifically exempt by law from a CPL and carrying their handgun in accordance with their license or exemption. A person must be at least 18 years of age to hunt with (possess) a handgun. Handguns cannot be borrowed or loaned to another person other than provided for under the CPL. While in the field, handguns must be carried in plain view. Carrying a handgun in a holster in plain view is permitted. You may transport your registered handguns while en route 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 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. Nonresidents must have a CPL or a license to purchase, carry or transport issued by their home state in their possession in order to legally carry or transport a handgun in Michigan. For more information regarding statewide handgun regulations, obtaining a CPL, or concealed weapons and firearms laws, contact your local police department. |
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Out of state hunters/competitors get by without a CPL through the provision in statute that allows for possession of a firearm if the individual is licensed/permitted to purchase/possess/carry said firearm in their home state. Exceptions to this are for firearm types not legal by other statute such as short barreled shotguns and rifles.
Since this thread is about an Illinois resident, provided they bring their FOID with them they are legal to possess their firearms in Michigan. They cannot carry concealed, because Illinois does not issue concealed weapons permits yet. Open carry in places other than pistol free zones and vehicles is legal because there is no statute against it in this state. If they put a loaded firearm in a vehicle, especially the passenger compartment, then they would be in violation. |
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Backseat of a crew cab would not be inaccessible to the occupants of the vehicle. You have to declare a firearm on a traffic stop if you have one in the vehicle (not likely if in a trunk), if you don't have a concealed handgun license and a handgun is concealed within reach of an occupant/passenger you are asking for trouble.
Would dismantling or breaking down a weapon when placed in it's carrying case help make it not readily accessible? |
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Backseat of a crew cab would not be inaccessible to the occupants of the vehicle. You have to declare a firearm on a traffic stop if you have one in the vehicle (not likely if in a trunk), if you don't have a concealed handgun license and a handgun is concealed within reach of an occupant/passenger you are asking for trouble.
Would dismantling or breaking down a weapon when placed in it's carrying case help make it not readily accessible? Locked case separate from the ammo. Problem with LEO and handgun without CPL is the many LEO that don't know the law and will search a car without legal right. |
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Backseat of a crew cab would not be inaccessible to the occupants of the vehicle. You have to declare a firearm on a traffic stop if you have one in the vehicle (not likely if in a trunk), if you don't have a concealed handgun license and a handgun is concealed within reach of an occupant/passenger you are asking for trouble.
Would dismantling or breaking down a weapon when placed in it's carrying case help make it not readily accessible? Locked case separate from the ammo. Problem with LEO and handgun without CPL is the many LEO that don't know the law and will search a car without legal right. This. Don't let them search your car, and make sure you carry printed copies of the law with relevant section numbers so they can look it up and read it for themselves on their in-car computer. Although being able to look it up doesn't mean they can comprehend English enough to understand the law anyways. |
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Backseat of a crew cab would not be inaccessible to the occupants of the vehicle. You have to declare a firearm on a traffic stop if you have one in the vehicle (not likely if in a trunk), if you don't have a concealed handgun license and a handgun is concealed within reach of an occupant/passenger you are asking for trouble.
Would dismantling or breaking down a weapon when placed in it's carrying case help make it not readily accessible? No After a year of hearings, a serious fine, and a lot of ass pain I can tell you that disassembled isn't good enough, even if its in the back of a suburban in a bag. |
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You've seen the law from all the other posts. In reality you're probably not going to be stopped, and if you are, the chances of an LEO searching your vehicle is probably slim. Since you have a truck, unloaded, cased, preferably a locked case in the backseat, and mags in a separate container should get you by just fine with any LEO that doesn't have his head up his ass, or isn't an anti-gun jackass. You don't have a concealed permit and won't be transporting a loaded weapon, so you do not need to notify an officer that you have weapons in the vehicle if you are stopped, and I'd suggest not volunteering the info.
Unloaded, cased, not readily accessible and don't do anything stupid, you should be just fine. ETA: I realize the readily accessible portion is a grey area. This seems to be dependent on the individual LEO. Several LEOs I've talked with have said that if the person makes a reasonable effort to keep the firearm out of reach then they are okay, which is why I mentioned a locked case. If the firearm is in a locked case, it's hard to argue that it's readily accessible since locks have to be opened before the case can be opened. |