Kcustom45 and I were planning on making a trip up to the Cabela's in Dundee Michigan and we figured that since Michigan and Indiana had a reciprocity agreement, we'd be covered. However, I'd heard of individuals being arrested in Kentucky with valid Indiana carry permits because while the permit is still valid, the permittee was under 21. I'm 20, and decided it would be prudent to check on this. I emailed the Michigan AG about this, and received the following response:
Subject: Handgun Permit Question
Date: Wed, 12 Mar 2003 13:56:20 -0500
From: David Tanay" <[email protected]>
Dear Mr. Swenson: We have received your questions regarding Michigan's law on concealed weapons and the applicability to you. This office has always taken the position that while Michigan will honor out-of-state concealed carry permits when issued to out-of-state residents, those out-of-state permits would not grant carry privileges that would otherwise not be available to a Michigan resident with a general permit issued under our law. In other words, let's say your Indiana permit let you carry a weapon in a hospital. Currently, a Michigan resident with a general permit could not do so here. Therefore, although we do not have a direct answer from our legislature or courts of appeal, we think the likely holding would be that your permit would do no more than permit you the same rights available to a Michigan resident with such a permit. How does this apply to you? Well, in Michigan, you must be at least 21 years old to be eligible for a concealed carry permit. See MCL 28.425b(7)(a). Since you are 20, you would not (if you lived here) be eligible. Thus, to carry here with your Indiana permit as your authority would present you with a risk of prosecution (i.e. Michigan may well not honor your permit as a defense to the crime of CCW).
What about the law you included in your email? MCL 750.234d has presented some difficulties for us. This is because that just a few years ago, Michigan completely revamped our concealed carry laws. Arguably, the legislature should have repealed MCL 750.234d as they enacted new "gun-free zones." For the new law regarding places a person may not carry a gun even with a general permit, please see MCL 28.425o. [NOTE: Compliance with MCL 750.234d does not end the inquiry. A permit holder must still comply with MCL 28.425o.] I would direct you to www.michiganlegislature.org for a free copy of any Michigan law as well as the site for the Michigan State Police, linked off of www.michigan.gov. Our State Police have excellent information and resources regarding Michigan weapons law. I hope this has been helpful.
David E. Tanay
Assistant Attorney General
Criminal Division
Subject: Handgun Permit Question
Date: Wed, 12 Mar 2003 13:56:20 -0500
From: David Tanay" <[email protected]>
Dear Mr. Swenson: We have received your questions regarding Michigan's law on concealed weapons and the applicability to you. This office has always taken the position that while Michigan will honor out-of-state concealed carry permits when issued to out-of-state residents, those out-of-state permits would not grant carry privileges that would otherwise not be available to a Michigan resident with a general permit issued under our law. In other words, let's say your Indiana permit let you carry a weapon in a hospital. Currently, a Michigan resident with a general permit could not do so here. Therefore, although we do not have a direct answer from our legislature or courts of appeal, we think the likely holding would be that your permit would do no more than permit you the same rights available to a Michigan resident with such a permit. How does this apply to you? Well, in Michigan, you must be at least 21 years old to be eligible for a concealed carry permit. See MCL 28.425b(7)(a). Since you are 20, you would not (if you lived here) be eligible. Thus, to carry here with your Indiana permit as your authority would present you with a risk of prosecution (i.e. Michigan may well not honor your permit as a defense to the crime of CCW).
What about the law you included in your email? MCL 750.234d has presented some difficulties for us. This is because that just a few years ago, Michigan completely revamped our concealed carry laws. Arguably, the legislature should have repealed MCL 750.234d as they enacted new "gun-free zones." For the new law regarding places a person may not carry a gun even with a general permit, please see MCL 28.425o. [NOTE: Compliance with MCL 750.234d does not end the inquiry. A permit holder must still comply with MCL 28.425o.] I would direct you to www.michiganlegislature.org for a free copy of any Michigan law as well as the site for the Michigan State Police, linked off of www.michigan.gov. Our State Police have excellent information and resources regarding Michigan weapons law. I hope this has been helpful.
David E. Tanay
Assistant Attorney General
Criminal Division
