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Reciprocity Question

Posted: Sun May 31, 2009 4:46 pm
by frjeff
If I am CHL in TX and visit MI (which has reciprocity and also has open carry),
am I able to open carry as they are in MI?

Or, must I carry concealed as I am a TX resident?

Just curious????

Re: Reciprocity Question

Posted: Sun May 31, 2009 5:25 pm
by GeekwithaGun
Jeff,

I also was curious about this so I found the following, it does not specifically state that non-residents cannot open carry. See "Firearms Related Questions" near the bottom of this link: http://www.michigan.gov/msp/0,1607,7-12 ... --,00.html" onclick="window.open(this.href);return false;

1. Is it legal to carry a visible pistol in public?

Although MCL 750.227 restricts carrying a pistol concealed on your person or in a vehicle, there is no statute that specifically prohibits carrying a visible pistol. MCL 750.234d states that you cannot possess any firearm in a depository financial institution, a church or other house of religious worship, court, theatre, sports arena, day care center, hospital or an establishment licensed under the Michigan liquor control act, unless that possession is with the permission of the owner or his/her agent of the entity.

2. Can a resident of another state legally possess a pistol in Michigan?

If you are a non-resident of Michigan with a valid concealed pistol permit from your home state, Michigan will recognize your permit (MCL 28.432 & MCL 28.432a). 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. Without a CPL, a non-resident may not have a pistol in Michigan.


Not sure if this really answers the question or not.

Re: Reciprocity Question

Posted: Sun May 31, 2009 5:27 pm
by Skiprr
Jeff: I can't answer your question, but here are some links that may help with the research:

http://www.michigan.gov/msp/0,1607,7-12 ... --,00.html

http://www.legislature.mi.gov/documents ... rearms.pdf

http://www.michigan.gov/msp/0,1607,7-12 ... --,00.html

There are a lot of Michigan laws to sort through. Technically, I don't believe there is anything expressly forbidding OC in the state laws (other than some places where expressly mentioned regarding brandishing, car carry, forbidden places, etc.), but there's also nothing explicitly saying it's acceptable other than if--similar to Texas--it is on your own land.

My gut feeling is that, despite some organizations claiming Michigan as an open-carry state, if you travel around in metropolitan areas you are likely to never see a firearm carried unconcealed unless there is a badge--a real badge--associated with it. If you do visit, say, metro Detroit and find that non-LEO open carry is something commonly seen, please let us know.

Re: Reciprocity Question

Posted: Sun May 31, 2009 5:39 pm
by GeekwithaGun
I will be in MI for a wedding in 2 weeks and can keep my eyes open. I agree with what skippr said, I have not seen anyone except LEO's and armed security carrying in the open anywhere in MI. Risking being thrown off this board - ;-) - I've been in Texas since 1994 and moved here from MI where I grew up (got here as fast I could :txflag: ) and still have family there in large towns and smaller rural areas, I have never seen anyone open carry.

Re: Reciprocity Question

Posted: Mon Jun 01, 2009 1:54 pm
by frjeff
Here's what my son (Michigan) writes back today:

It is truly open carry here in Michigan, no license needed to go walk around with your gun, but I can't remember ever seeing anyone doing it. I think the site to check out is http://www.michiganopencarry.org" onclick="window.open(this.href);return false;. or http://www.mcrgo.org" onclick="window.open(this.href);return false; should have a link to the right places. There are a couple groups across the state meeting in different towns for breakfast, lunch, etc and practicing open carry. I'm not sure it's good publicity or not. Seems it would spur some do-gooder into action to try and get legislation in place against it.

My understanding of the law is that there are only a few restrictions on where one can not "carry open" even fewer I believe than the no carry zones for carrying concealed.

While carrying open you do not need to have I.D. nor do you need to give your address to the police if the sole reason you have been approached and questioned is because of the gun. They can also not use local "disturbing the peace" laws (has been tried apparently) to discourage the act of open carry.

Don't know if this helps any, but.......

Re: Reciprocity Question

Posted: Mon Jun 01, 2009 3:30 pm
by ELB
geekwagun wrote:Jeff,

... See "Firearms Related Questions" near the bottom of this link: http://www.michigan.gov/msp/0,1607,7-12 ... --,00.html" onclick="window.open(this.href);return false;

...

2. Can a resident of another state legally possess a pistol in Michigan?

If you are a non-resident of Michigan with a valid concealed pistol permit from your home state, Michigan will recognize your permit (MCL 28.432 & MCL 28.432a). 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. Without a CPL, a non-resident may not have a pistol in Michigan.
If the FAQ is in fact correctly written (quite possibly an erroneous assumption), to me it pretty clearly states that a non-resident may not have a pistol unless he has a concealed pistol license. I don't know if Michigan's CPL law states a pistol carried under its authority must be concealed, but I wouldn't be surprised if it does. In which case, a non-resident cannot open carry.

Were it me in Michigan for non-gun rights purposes, I would just quietly wear my concealed pistol and go about my business. I am sympathetic to the general principles and aims of the Open Carry movement -- if not some, or many, of its methods -- but one guy on vacation or business is probably not the opportune time to push the 2A envelope.