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The Legal Ramifications Of Traveling With My Pistol

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- - Q: I am a Michigan CPL holder planning vacation travel by car, and I am planning to bring my pistol along for safety. What are the legal ramifications of traveling with my pistol?

A: According to the US Code, (Title 18, Part I, Chapter 44, Section 926A)

“Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, that in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.”

This means that you can travel with your gun, even through states that don’t allow their citizens to protect themselves, or that do not yet have reciprocal agreements with Michigan, as long as it is legal at both ends of your trip, and you are lawfully in possession of it.

You don’t mention which states you are traveling through or visiting. If you are traveling in states that have concealed pistol reciprocity with Michigan, you must abide by the specifics of concealed pistol in each state that you visit. As the saying goes, “When in Rome, do as the Romans do.” Reciprocity just means that the other state recognizes your CPL as a license in their state. But, the details of concealed carry vary widely from state to state. So, you must research the laws in each state that you intend to visit and be sure to comply.

Even if you are traveling through a state that outlaws self-defense with firearms, such as Illinois, you are allowed to do so by the above federal statute. But, you need to lock it up, either in your trunk, or a locked gun case if you have a van or SUV. And, you must lock up your ammo separately. The best advice is to put such locked cases as far from the driver as possible. Also, it is generally accepted that the storage space behind the tilting bench seat of a traditional two-door pickup truck is inaccessible to the driver.

Review – Michigan’s Handgun Registration Law
Applicable only to individuals who are licensed to carry a concealed pistol in Michigan.

Public Acts 194, 195, and 196 were passed in Jan 2008. The primary change was to MCL 28.422a:

“…(2) If an individual licensed under section 5b purchases or otherwise acquires a pistol, the seller shall complete a record in quadruplicate on a form (RI-060) provided by the department of state police. The record shall include the purchaser’s concealed weapon license number. The purchaser shall sign the record. The seller may retain 1 copy of the record. The purchaser shall receive 3 copies of the record and forward 2 copies to the police department of the city, village, or township in which the purchaser resides, or, if the purchaser does not reside in a city, village, or township having a police department, to the county sheriff, within 10 days following the purchase or acquisition. The return of the copies to the police department or county sheriff may be made in person or may be made by first-class mail or certified mail sent within the 10-day period to the proper address of the police department or county sheriff. A purchaser who fails to comply with the requirements of this subsection is responsible for a state civil infraction and may be fined not more than $250.00. If a purchaser is found responsible for a state civil infraction under this subsection, the court shall notify the department of state police and the concealed weapon licensing board that issued the license of that determination.

(3) Within 48 hours after receiving the record copies returned under subsection (2), the police department or county sheriff shall forward 1 copy of the record to the department of state police. The police department or county sheriff shall retain the other copy of the record as an official record for not less than 6 years. Within 10 days after receiving the record copies returned under subsection (2), the police department or county sheriff shall electronically enter the information into the pistol entry database as required by the department of state police if it has the ability to electronically enter that information. If the police department or county sheriff does not have that ability, the police department or county sheriff shall provide that information to the department of state police in a manner otherwise required by the department of state police. Any police department or county sheriff that provided pistol descriptions to the department of state police under former section 9 of this act shall continue to provide pistol descriptions to the department of state police under this subsection. The purchaser has the right to obtain a copy of the information placed in the pistol entry database under this subsection to verify the accuracy of that information. The police department or county sheriff may charge a fee not to exceed $1.00 for the cost of providing the copy. The purchaser may carry, use, possess, and transport the pistol for 30 days beginning on the date of purchase or acquisition only while he or she is in possession of his or her copy of the record. However, the person is not required to have the record in his or her possession while carrying, using, possessing, or transporting the pistol after this period. …”

Additional Information:
Pistol Registration, Purchase, and Transfer for Michigan Residents
Purchasing and Registering a Pistol in Michigan
Pistol Sales Record – Form RI-060 (10/2008)

About:
The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.

Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation” Visit: www.mcrgo.org

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Proper Conduct for Concealed Carry Encounters with Michigan Police

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- – Responsibilities of Individuals With a Concealed Pistol License

1. An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle. Failure to disclose this information to a police officer carries the following penalties:

• First offense = State Civil Infraction – $500 fine and 6-month CPL license suspension.
• Second offense = State Civil Infraction – $1000 fine and CPL license revocation.

2. An individual licensed to carry a concealed pistol shall have the license in his or her possession at all times he or she is carrying a concealed pistol.

• Failure to possess CPL license when carrying a concealed pistol is a State Civil Infraction and a $100.00 fine.

3. Upon request, an individual licensed to carry a concealed pistol shall show both of the following to a police officer:

• His or her license to carry a concealed pistol
• His or her driver license or personal identification card

Failure to show CPL license and Michigan driver license or Michigan personal identification card when carrying a concealed pistol is a State Civil Infraction and $100.00 fine.

4. A pistol carried in violation of numbers 1, 2, or 3 is subject to immediate seizure by a police officer.

If a pistol is seized for failure to possess a CPL while carrying a concealed pistol:

Individual has 45 days in which to display their license to carry a concealed pistol to the law enforcement agency that seized the pistol and the pistol shall be returned.

• If the individual does not display their license to carry a concealed pistol within 45 days the pistol is subject to forfeiture.
• To Ensure safety during police encounters if you are stopped by a law enforcement officer you should:
• Keep your hands where an officer can see them. Cooperate fully with the police officer.
• If you have a gun with you, tell the police officer as soon as possible.
• Do not make any quick movements, especially toward the weapon.
• If in a vehicle at night, turn on your vehicle’s dome light.

In certain circumstances, a law enforcement officer may take temporary possession of the weapon during interaction with the individual to ensure the safety of the officer and others. The police officer will return the pistol at the end of the stop unless the individual is being charged with a violation of the act or any other law that allows for the weapon to be seized.

Frequently Asked Question
Q: Does the prohibition on carrying concealed pistols in schools and on school property (except while in a vehicle on school property while dropping off or picking up if a parent or legal guardian) apply when school is not in session? I often take my children to play on the swings/play structures in the school yard during the summer when school is out and would like to carry on those occasions.

A: MCL 28.425o which prohibits carrying concealed in schools and on school property does not provide an exemption for occasions when school is not in session such as on weekends and during the summer months. Consequently, apart from other exceptions, schools and school property remain “pistol free zones” even when school is not in session or closed.

About:
The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.

Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation” Visit: www.mcrgo.org

Filed under: Gun Rights News by Ammoland No Comments »