When it comes to your right to carry a firearm in the state of Michigan there are a couple of things but you should know. The first one is that it is always well within your right to be able to carry the weapon but it depends on where you are carrying it as well as how you are carrying the firearm.
In the state of Michigan, there is such a thing as an open carrying of a firearm and a concealed carrying of a firearm. While both activities include the carrying of a firearm the consequences of doing so and the legal requirements of being able to do so are very different.
In this article, let us talk about the firearm carry laws in the state of Michigan relating to the transportation of a firearm.
In the previous article series, we have discussed the limitation that it is a felony for a person who does not have a license to carry a license and be transported in a motor vehicle. Even though the open carrying policy in the state of Michigan is limited to carrying it inside the house or inside the place of business of the person and does not include transportation of a pistol in a motor vehicle.
Of course, there is an exception to this rule and it can be seen in MCL 750.231. MCL 750.231 provides that you may transport a pistol for the following activities:
- A hunting or target area – If you are away from hunting or a target area and you have a permit to do the shooting then you may present that in case you are stopped at the traffic stop by the police officer or traffic officer to explain why you have weapons.
- A place of repair – If you are on your way to a place on preparing your vehicle then it is considered as an exception that you may be carrying a weapon outside of your home. After all, repairs are often emergencies.
- Moving goods from a home or business to another home or business – When you are moving homes or when you are moving your business to another place then it is normal that you will carry all of the things that you need for your business or your house to that you place and you can explain this when you are stuck in traffic and ask about your weapons.
- A law enforcement agency for a safety inspection or to turn the pistol over to the police – If you are on your way for a safety inspection or to turn over your pistol to the police then you are accepted from the rule of not carrying the pistol without the proper license.
- A gun show or place of sale or purchase – A gun show or if you are going to sell your distance is also another known exception for the carrying of a weapon and the transportation of a weapon to another place that is not your house or your business.
- A public shooting facility – If you are on your way to a public shooting facility you are also exempted from the restriction on the carrying of a weapon.
- Public land where shooting is legal
- The private property where a pistol may be lawfully used
MCL 750.231a also details how someone may lawfully transport a firearm by following the set protocols on the transportation of firearms:
(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.
When does Carrying A Concealed Weapon become a crime?
As we have said in a previous article, carrying a concealed weapon becomes a crime when the weapon is transported without obtaining a CPL permit and when it does not follow the protocols set in legally transporting a motor vehicle as provided above.
How does one defend the Carrying a Concealed Weapon charges?
A person may defend the carrying of a concealed weapon through the right lawyer who can handle the case.
What do I do when I am stopped in traffic and I am carrying a pistol?
If you are stopped at a traffic light and you are carrying out this so there is no need for you to panic and the only thing that you need to do is to show them your license as well as your concealed pistol license. There is no need for you to answer other questions and if the police officers continue proving and investigating you only need to contact your lawyer to make sure that things get handled properly.
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The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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