Michigan - Driving w/Loaded Magazines?

[Hari Seldon]

Is it legal to drive in Michigan with loaded magazines in the
vehicle, assuming that all other regulations are followed
(i.e. loaded mags in a separate case from the firearm)?

 

[Trebor]

Depends:

There is a common interperation of the part of state law that says rifles must be "unloaded in the chamber and magazine" that many people believe means you can not transport loaded rifle magazines, even seperate from the rifle.

Is that the correct interperation? I don't know. The arguments both for and against that view both make sense. I error on the side of caution and transport rifle magazines unloaded.

Also, are you talking about for a Michigan resident or for someone visiting the state?

For a non-Michigan resident they need to have a CCW permit from their home state (only) to bring a pistol into Michigan. (An Illinois FOID counts as well).

 

[sv51macross]

^ Remember though, if said rifle is less than 30" long in shortest configuration and fireable, then you must register it as a pistol. Advantage; you get to keep it loaded anywhere you please in your vehicle.

 

[Hari Seldon]

state law that says rifles must be "unloaded in the chamber and magazine"

Seems like a pretty clear "NO".
Do you have a link to the full text for this regulation?

 

[Trebor]

I'd have to Google up the link, so you might as well do it yourself as have me do it.

Try Michigan firearms laws and rifle and magazine and see what comes up.

 

[71Commander]

With a CPL, you can have loaded pistol mags but not rifle. Without CPL, you can't have either pistol or rifle mags loaded.

I have a UZI W/ folding stock. I had to register it as a pistol. The state of MI only thinks it's a pistol, not the feds. I can keep it in my truck loaded. I think that I would be breaking federal law though.

 

[RDak]

State law that says rifles must be "unloaded in the chamber and magazine"

Now, I can't say for sure because I am going on memory. (You'll have to research the Michigan Firearms Statutes.)

IIRC, as long as the loaded magazine is NOT in the mag well, you are good to go. (Also, have everything in a case, like you said, is proper also.)

 

[Trebor]

IIRC, as long as the loaded magazine is NOT in the mag well, you are good to go. (Also, have everything in a case, like you said, is proper also.)

See, that's where the confusion or dispute rests.

The statue does NOT say if the magazine has to be in the rifle or not. It just says, "Unloaded in both chamber and magazine."

Some people see that as meaning any mag NOT in the rifle is OK to be loaded. Other people see that as meaning that NO loaded mags are allowed, whether or not the mag is in the rifle.

The law as written is unlcear. My advice is to take the conservative view and not have loaded rifle magazines, as you will never get in trouble for being more conservative then what the law actually requires, but you can get in trouble for thinking the law allows something that actually winds up not being allowed under the law.

 

[BULLSI]

These guys over hear have an opinion about this topic.

http://www.migunowners.org/forum/showthread.php?t=93283

 

[71Commander]

These guys over hear have an opinion about this topic.

http://www.migunowners.org/forum/showthread.php?t=93283

You have to register.

 

[BULLSI]

"You can have the mags loaded as long as they are not inserted into the rifle. The rifle cannot have a loaded chamber or loaded mag inserted"

 

[Trebor]

"You can have the mags loaded as long as they are not inserted into the rifle. The rifle cannot have a loaded chamber or loaded mag inserted"

And who is saying this then?

Like I said, some people believe "rifles must be unloaded in the chamber and magazine" means that you can't have loaded rifle mags in the vehicle.

Other people think it's OK to have loaded rifle mags, as long as there is no loaded mag in the rifle itself.

As far as I can tell, those are both just OPINIONS as the law is unclear as to exactly what is meant by "unloaded in the chamber and magazine."

It can be interperated both ways, and you can make a compelling argument for both opinions.

So, in the absence of a clear law, I choose to error on the side of caution and not have loaded rifle mags in the vehicle.

It's up to you if you decide different, just realize that it's not as cut and dried as you think, and anyone who says it only applies to a magazine in the rifle is just telling you what think the law means, not what it actually says, and they might be wrong.

 

[sv51macross]

the way it's written; unloaded in chamber and magazine, it sounds like they intended it to be for shotguns, or other tube-mag rifles, or rifles such as the Garand/Enfield. Seems like it was written before detachable magazines were popular or in need of consideration. It says the gun must be unloaded in chamber and magazine. To me, this only applies to the firearm itself, as it specifies only a single magazine, and thus my above theory is supported.

Plus, it'd be a ***** to have several 30-rounders and a C-mag, and have to load them at the range.

 

[wishin]

And who is saying this then?

As far as I can tell, those are both just OPINIONS as the law is unclear as to exactly what is meant by "unloaded in the chamber and magazine."

So, in the absence of a clear law, I choose to error on the side of caution and not have loaded rifle mags in the vehicle.

It's up to you if you decide different, just realize that it's not as cut and dried as you think, and anyone who says it only applies to a magazine in the rifle is just telling you what think the law means, not what it actually says, and they might be wrong.

I agree. The language in the law is ambiguous.

 

[spartywrx]

Heck the law even can't make up its mind. Here's what I dug up (below)

Although I noticed a loophole. It says motorized boats may not have loaded firearms. It doesn't say anything about sailboats!

I was always under the impression that loaded magazines are ok as long as they are not in the case. Thus a cop can't say "oh the loaded magazines were right next to the gun, that counts as loaded." Then its up to a judge/jury to decide the meaning of the law.

I always carry mine in my range bag.

Just remember, never consent to a search of your vehicle ("I don't consent to any searches") or give them a reason to search (eg drugs) and you should be fine.

750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; conditions; violation as misdemeanor; penalty.

Sec. 227d.

(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:

(a) Taken down.

(b) Enclosed in a case.

(c) Carried in the trunk of the vehicle.

(d) Inaccessible from the interior of the vehicle.
(2) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.

324.43513 Carrying, transporting, or possessing firearm, slingshot, bow and arrow, or crossbow; hunting license not required; carrying or possessing unloaded weapon.
Sec. 43513.

(1) A person may carry, transport, or possess a firearm without a hunting license if the firearm is unloaded in both barrel and magazine and either enclosed in a case or carried in a vehicle in a location that is not readily accessible to any occupant of the vehicle. A person may carry, transport, or possess a slingshot, bow and arrow, or crossbow without a hunting license if the slingshot, bow, or crossbow is unstrung, enclosed in a case, or carried in a vehicle in a location that is not readily accessible to any occupant of the vehicle.

324.40111 Taking animal from in or upon vehicle; transporting or possessing firearm in or upon vehicle; transporting bow in or upon vehicle; written permission to hunt or discharge firearm.

Sec. 40111.

(1) Except as otherwise provided in this part or in a department order authorized under section 40107, a person shall not take an animal from in or upon a vehicle.

(2) Except as otherwise provided in this part or in a department order authorized under section 40107, a person shall not transport or have in possession a firearm in or upon a vehicle, unless the firearm is unloaded in both barrel and magazine and enclosed in a case, carried in the trunk of a vehicle, or unloaded in a motorized boat.

 

[Darth AkSarBen]

I know... old thread.

Someone may stumble on this, as I did, doing a search.

Magazines can be loaded AND carried in the vehicle in the trunk with the rifle as long as they are not "IN" the rifle. Except, registered pistols such as a SIG 522 registered in MI as a pistol it can be loaded and in the trunk or anywhere AS LONG AS YOU HAVE A CPL.

Want to get REALLY confused, this is "one" of the links Google took me to when searching: http://smartgunlaws.org/guns-in-vehicles-in-michigan/
Made Michigan sound like D.C. !!

Also this link REAL info on MI laws: http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._66_238184_7.pdf

 

[Frank Ettin]

Old thread - old news.