carrying anothers pistol in MI


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Ragnar Danneskjold
September 22, 2009, 12:40 PM
Is it lawful in MI for one valid CPL holder to carry a registered pistol belonging to another valid CPL holder? Does any know the exact MCL statute that covers this?

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benminer
September 22, 2009, 12:50 PM
MCL 28.422 says "shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol" so unless you can find an exception to that it appears as though you can only carry a pistol that is licensed to you. I am not a lawyer though nor did I read the 200+ page PDF about Michigan gun laws.

KAB55
September 22, 2009, 12:59 PM
I'm in Michigan. It used to be that you couldn't carry anothers gun, but a few years ago they changed the rules allowing a CPL holder to borrow and possess anothers gun. This was done to allow, say a wife, to carry one of her husbands registered handguns, if she has a CPL. I've been a CPL holder in this state since 1982, back when my non-restricted permit meant just that.

http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10953--,00.html#MISCELLANEOUS

see number 3 under misc.

MCL 28.432 An individual can carry, possess, use or transport a pistol belonging to another individual, if the pistol is properly licensed and inspected under the Act, and the individual carrying, possessing, using or transporting the pistol has obtained a license to carry a pistol concealed permit from Michigan.

jibbs
September 22, 2009, 01:48 PM
Good post as I have often wondered about that myself. My CPL instructor told us that it was legal to carry another's legal firearm, but I did not bother to look at the regs. Good post KAB55, good to see the regs spelled out in black and white.

71Commander
September 23, 2009, 10:16 AM
MCL 28.422 says "shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol" so unless you can find an exception to that it appears as though you can only carry a pistol that is licensed to you. I am not a lawyer though nor did I read the 200+ page PDF about Michigan gun laws.


Not true. A person with a carry license may carry any legally registered gun, regardless of who owns it. No limit of the number of guns you can carry either.

GVMan
September 23, 2009, 11:02 AM
There is a great resource for questions like this. Michigan Coalition for Responsible Gun Owners (http://www.mcrgo.org/mcrgo/). I'd suggest being a member but you can use the site even if not a member. They also have a weekly? email that always covers a few points of law. They almost always site the specific law that they are using. Today, I just typed "borrow" into the search field and this is what I found.

Q: A former student of mine recently contacted the Attorney Generalís office to ask whether he and his wife (each has a valid CCW permit) could legally carry each otherís firearms. Could you please shed some light on this? This question has been asked and addressed on the MCRGO Forums web site but not by an attorney. Perhaps this would be a good question for the MCRGO newsletter.

A: A: It depends on if the donee has a CPL. For many years loaning handguns was not permitted. Loans of handguns had to go through the same procedures as sales of handguns. In 2001 the law changed the definition of purchaser. It dropped the "furnish" or "loan" language. At that time many attorneys took the position that loaning handguns was now allowed. There still was some concern about the "safety inspection" statute, which is Michigan's version of registration. MCL 28.429 states, "A person within the state who owns or comes into possession of a pistol shall ... present the pistol for safety inspection."

But in 2006, a new law was passed (2006 PA 75 eff. July 1, 2006; MCL ß28.432) expressly stating that the purchase permit and safety inspection provisions do not apply if the donee has a CPL and the handgun is properly registered. So this new (and unnecessary) law muddies the issue enough that probably only this new law applies, not the previous position. So, after July 1, 2006, only a person with a CPL can borrow a handgun as long as it is properly registered.

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