[GigaBuist]

This is a question that plagues me for many reasons. The first, but not the foremost, is because I live in an apartment. I'm a bit skittish about how and when I can carry in my homestead because of this. Largely because I'm entirely unsure of what homestead legally is.

This may be a really, really, dumb question but I have no idea what grounds I stand on and although i've read the Michigan firearms laws over and over I don't recall anything discussing my situation.

Personally I consider my "home" or "residence" anything from the parking log to my apartment to my balcony. Within those limits I consider myself within my residence. I'm open to both legal and personally interpretation of this idea.

Why do I ask? Well, within my own apartment I know I can carry... which is a moot point I would assume. What about when I step out on my balcony though? Michigan is an open-carry state, so i -know- I can carry legally anywhere but what about concealed? If I'm outside on the balcony smoking a cigar am I in violation of the law? What If I throw on a jacket and walk to my car to grab something from it? Am I "OK" with the law? I honestly have no idea. Morally I consider myself in the right. This is where I live... this is my "domain" so to speak.

If I understand the laws in Michigan open carry must abide by the same rules as concealed carry. With concealed carry here you cannot be over a blood alcohol content of .02... which is basically one 12oz beer. I have found NOTHING that states that this is a law when you're in your own residence though. if I have two beers after work, and decide I need to grab paperwork from my vehicle (assuming I can carry concealed in the first place) am I legal to go to my own car in my own residence with a pistol on my belt?

Legally Michigan states, if I am to beleive the police department's questionaire when obtaining a permit to purchase, that I cannot be in posession of a pistol whille under the influence of alcohol at all. In my strict interpretation of that I suppose it means I can't drink a beer while at HOME or even COME HOME if I have a single beer in me. I can't find anything on the books either that supports this but when I apply for a purchase permit it's on the checklist of questions in some PD's here.

Now, i'm not suggesting that I have the right to wander around my complex with a pistol and a BAC of .20 or anything but I really must wonder where the line is legally drawn.

If I owned my house and land I wouldn't even be asking this.

[spacemanspiff]

you pay rent....that rent covers your apartment. the parking lot is more a communal area, so i wouldnt assume that it can be called your 'property'. is your balcony accessible only by your apartment? or is it shared with others?

while it may be perfectly legal for you to carry open/concealed while drinking A single beer that wont get your bac over the legal limit, imagine the scrutiny you would come under if you had to fire your weapon. even if the shoot was good the simple fact that you had alcohol in your system could make the investigation look unfavorably at you.

people who carry must make compromises. often one of those compromises is to abstain from consuming alcohol.

[Ryder]

There is no law which allows open carry. The right is just not denied by law. You can not openly "carry legally anywhere" as you've stated. Local ordinances can and do prohibit open carry within certain juristictions or municipalities. You'd best know in advance before you go out that front door. That is not something you want to be guessing about!

Yes, it is legal to carry concealed without a CPL inside your home or on your own private property but in an apartment to be safe you need to limit youself to those doorways. Your apartment is your home. Once you walk out of that apartment door you are no longer inside your residence. You don't reside in the hall or in the parking lot.

You had a problem figuring out what was legal? So do the cops! They read the same laws. When they are in doubt they let a judge figure it out.

You sound like you need a CPL. Those little cards come in handy for protecting you from the law. I recommend getting one. You can ask as many questions you want during the class.