You can be arrested for DUI when on private property. Private means only so much. Michigan’s drunk driving law allows the police to arrest you for DUI or OUI even if you’re on your own property!
(1) A person, whether licensed or not, shall not operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated.
The Michigan Supreme Court says a driveway is no refuge for a drunken driver.
The court says Northville authorities could charge Gino Rea with drunken driving, even if his car never left the driveway. The court says a driveway is “generally accessible to motor vehicles” under state law, even if on private property.
Police went to Rea’s home three times one day in 2014 to respond to noise complaints. At one point, an officer saw him drive out of the garage and pull back in. His blood-alcohol level was three times the legal limit.
In a dissent Monday, justices Bridget McCormack and David Viviano say the court should be “hesitant to assume” that lawmakers wanted to extend their reach to the private property of homeowners.
Can you consume cannabis and drive on private property in Michigan?
Marijuana and driving laws in Michigan prohibit operating a vehicle under the influence, consuming while operating a vehicle and smoking as a passenger in the passenger compartment. One would assume that drinking and consuming cannabis lead to a driving or operating under the influence issue and the answer would be.. NOPE
(e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;
(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;
(1) Except as provided in subsections (2) and (5), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in …
Can a passenger consume cannabis in a car in Michigan?
(g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way;
Legal Defense-DUI-OUI-Cannabis-Criminal in Michigan
Here’s the transportation laws
MICHIGAN VEHICLE CODE (EXCERPT) Act 300 of 1949
257.624a Transportation or possession of alcoholic liquor in open or uncapped container open or upon which seal broken; violation as misdemeanor; exception; subsections (1) and (2) inapplicable to passenger in commercial quadricycle; definitions.
Sec. 624a.
(1) Except as provided in subsections (2) and (5), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.
(2) Except as otherwise provided in subsection (5), a person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this state, if the vehicle does not have a trunk or compartment separate from the passenger area, and the container is in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the operator or a passenger.
(3) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 625(6).
(4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.
(5) Except as otherwise provided in this subsection, unless prohibited by local ordinance, subsections (1) and (2) do not apply to a passenger in a commercial quadricycle. A passenger in a commercial quadricycle shall not transport or possess alcoholic liquor other than beer, wine, spirits, or a mixed spirits drink.
(6) As used in this section:
(a) “Glove compartment” means a recess with a hinged and locking door in the dashboard of a motor vehicle.
(b) “Passenger area” means the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.
DISCLAIMER In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.
Prescription drugs, medical marijuana, recreational cannabis, alcohol and more are considered to influence you in a way the law deems a crime. Therefore you can be charged with operating a motor vehicle or driving under the influence and here are your possible penalties in the state of Michigan.
It can be a car, a boat, a moped, a motorcycle, a riding lawn mower, a hovercraft or as those of you from the future know all to well… spacecraft (even on auto pilot). Well you say – I’m on a horse and it knows it’s way home. Well there’s a another special charge for you we won’t get into here.
– a $100 to $500 fine and one or more of the following:
– Up to 93 days in jail.
– Up to 360 hours of community service.
– Driver’s license suspension for 30 days, followed by license restrictions for 150 days.
– Possible vehicle immobilization
– Possible ignition interlock
– Six points added to driving record
– Driver Responsibility Fee ($1,000 for 2 consecutive years)
– $200 to $1000 fine, and one or more of the following:
– 5 days to 1 year in jail.
– 30 to 90 days of community service
– Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years).
– License plate confiscation.
– Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited.
– Possible vehicle forfeiture.
– 6 points added to the offender’s driving record.
– Driver Responsibility Fee of $1,000 for 2 consecutive years.
From The State of Michigan Website
It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher. However, drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle.
Drivers with any amount of a Schedule 1 controlled substance and/or cocaine are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment. The only exception is an individual who has a valid medical marijuana card and is driving with marijuana in his or her system. Under the law, an officer must show they are impaired due to that marijuana.
Costs and Consequences of a Drunk Driving Conviction
Here are possible Michigan DUI / OWI Penalties for a first offender:
If BAC is below .17 and this is a first offense:
Up to $500 fine
Up to 93 days in jail
Up to 360 hours of community service
Up to 180 days license suspension
6 points on a driver’s license
If BAC is .17 or higher and this is a first offense:
Up to $700 fine
Up to 180 days in jail
Up to 360 hours of community service
Up to one year license suspension
6 points on a driver’s license
Mandatory completion of an alcohol treatment program
Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.
Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years.
Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.
Safer Alternatives
Tens of thousands of people are arrested annually in Michigan for alcohol-related driving offenses. To avoid a drunk driving arrest and the costs associated with such an arrest:
Designate a sober driver before drinking alcohol
Call a friend, cab, ride service
Walk, or take the bus (and maybe get a public drunk ticket)
Stay overnight
If you are from the future then you may want to check out this page for any new laws or updates. I’m sure there are some because that’s all lawmakers do to justify their salaries. We don’t need so many and if you are from the future you may have defunded them already. Website (if the web is still a thing).
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
When boating and you’re the captain – drink all you want and if you’re driving – drink as much as you can because it’s hot out there. Just make sure it’s non alcoholic because nothing but a boatload of trouble comes with being arrested for skippering while under the influence. That means cannabis consumption too. Under the influence is a broad term but with specific rules. You could be under the influence of bad gas station sushi. Will you get in trouble for polluting the waters if you’re making an uncontrolled release into the environment ? If you’re under the influence you might. But that’s another subject. We are here for boating and drinking for now.
If it hasn’t been beaten into your skull a thousand times that drinking and boating is just as deadly as drinking and driving then where have you been hiding? Because it sounds like a good place to hang out. According to the U.S. Coast Guard alcohol-related accidents are the leading cause of boating fatalities. Furthermore, operating a boat under the influence of drugs or alcohol is a violation of Michigan’s boating alcohol laws and not knowing it’s against the law is not a good excuse.
(1) A person shall not operate a motorboat on the waters of this state if any of the following apply:
(a) The person is under the influence of alcoholic liquor or a controlled substance, or both.
(b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
NOTE: Marijuana is still on the Michigan controlled substance list even though it is “legal” as of this posting even though the team at Komorn Law has tried to have it removed.
(2) The owner of a motorboat or a person in charge or in control of a motorboat shall not authorize or knowingly permit the motorboat to be operated on the waters of this state by a person if any of the following apply:
(a) The person is under the influence of alcoholic liquor or a controlled substance, or both.
(b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person’s ability to operate the motorboat is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(3) A person shall not operate a motorboat on the waters of this state when, due to the consumption of an alcoholic liquor or a controlled substance, or both, the person’s ability to operate the motorboat is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.
(4) A person who operates a motorboat on the waters of this state in violation of subsection (1) or (3) and by the operation of that motorboat causes the death of another person is guilty of a felony, punishable by imprisonment for not more than 15 years, or a fine of not less than $2,500.00 or more than $10,000.00, or both.
(5) A person who operates a motorboat on the waters of this state in violation of subsection (1) or (3) and by the operation of that motorboat causes a serious impairment of a body function of another person is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, “serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(6) A person who is less than 21 years of age, whether licensed or not, shall not operate a motorboat on the waters of this state if the person has any bodily alcohol content. As used in this subsection, “any bodily alcohol content” means either of the following:
(a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.
(7) A person, whether licensed or not, is subject to the following requirements:
(a) He or she shall not operate a motorboat in violation of subsection (1), (3), (4), or (5) while another person who is less than 16 years of age is occupying the motorboat.
(b) He or she shall not operate a motorboat in violation of subsection (6) while another person who is less than 16 years of age is occupying the motorboat.
(8) As used in this section, “operate” means to be in control of a vessel propelled wholly or in part by machinery while the vessel is underway and is not docked, at anchor, idle, or otherwise secured.
If you or someone you know has been accused of a crime, DUI or operating a motor vehicle under the influence of a controlled substance. Contact Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
Here is the list of alcohol restrictions by park
Alcohol restrictions in state parks
For the purposes of safety and creating a more welcoming environment for boaters. Possessing or consuming alcoholic beverages within the following described locations on April 1 through Labor Day without written authorization of the park manager is against the law.
Fort Custer Recreation Area – entire park.
Holly Recreation Area – day-use areas south of McGinnis Road.
Island Lake Recreation Area- day-use areas in park, excluding rented shelters.
Metamora-Hadley Recreation Area – day-use areas in park.
Muskegon State Park – day-use area.
Pinckney Recreation Area – rented shelters in the Silver Lake and Halfmoon day-use areas.
P. J. Hoffmaster State Park – campground.
Proud Lake Recreation Area – day-use area east of Wixom Road.
Seven Lakes State Park – day-use areas of the park.
Sterling State Park – day-use areas in park.
Van Buren State Park – day-use and beach area.
Yankee Springs Recreation Area – Gun Lake day-use area.
March 1 through Sept. 30, you may not possess or consume an alcoholic beverage in the following locations:
Grand Mere State Park – entire park.
April 1 through Sept. 30, you may not possess or consume an alcoholic beverage in the following locations:
Brighton Recreation Area – Bishop Lake day-use area.
Warren Dunes State Park – entire park.
You may not possess or consume an alcoholic beverage at any time within the following described locations, without written authorization of the park manager:
Belle Isle Park – entire park.
Dodge #4 State Park – entire park.
Grand Haven State Park – entire park.
Holland State Park – entire park.
Maybury State Park – entire park.
Pontiac Lake Recreation Area – day-use areas in the park.
William G. Milliken State Park and harbor – entire park/harbor.
Yankee Springs Recreation Area – Deep Lake campground, mountain bike parking lot and boating access site 8-18.
Consuming alcoholic beverages or possessing an open alcoholic beverage are not allowed at locations below. This prohibition does not apply while on a vessel.
Big lake boating access site 3-1, section 14, T2N R12W, Allegan County
Green lake boating access site 3-4, section 10, T4N R11W, Allegan County.
Lake sixteen boating access site 3-9, section 16, T2N R11W, Allegan County.
Irving road boating access site 8-5, section 31, T4N R9W, Barry County.
Bristol lake boating access site 8-11, section 10, T1N R8W, Barry County.
Airport road boating access site 8-32, section 10, T3N R9W, Barry County.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Michigan is an open carry state. There is no law that says it is illegal to do so.
The Michigan State Police legal update describes Michigan’s open carry law as follows:
In Michigan, it is legal for a person to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed. You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm.
Prohibited premises:
Schools or school property but may carry while in a vehicle on school property while dropping off or picking up if a parent or legal guardian
Public or private day care center, public or private child caring agency, or public or private child placing agency.
Sports arena or stadium
A tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises
Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials allow concealed weapons
An entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more
A hospital
A dormitory or classroom of a community college, college, or university
A Casino
Anyone with a concealed pistol license (CPL) may carry a non-concealed firearm in the above listed premises. And it’s important to note a CPL holder is not required by law to carry a pistol concealed. A CPL holder may carry a pistol concealed or non-concealed.
Private Property
A private property owner has the right to prohibit individuals from carrying firearms on his or her property, whether concealed or otherwise, and regardless of whether the person is a CPL holder.
If a person remains on the property after being told to leave by the owner, the person may be charged with trespassing.
Schools
Michigan schools are allowed to make their own rules about guns. The Michigan Court of Appeals ruled school districts are allowed to ban guns from their buildings and ask anyone with a gun to leave. Trespassing charges can be pursued if the person does not leave the school when asked.
M I C H I G A N S T A T E P O L I C E
LEGAL UPDATE
O C T O B E R 2 6 , 2 0 1 0
FIREARMS LAW
As more and more police officers are encountering citizens who are openly carrying firearms in Michigan, the Michigan State Police offers this special edition of the Update to assist officers in familiarizing themselves with Michigan laws regarding both open and concealed carrying of firearms.
Open carry of firearms
In Michigan, it is legal for a person to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed.
You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm.
MCL 750.234d provides that it is a 90 day misdemeanor to possess a firearm on the premises of any of the following:
A depository financial institution (e.g., bank or credit union)
A church or other place of religious worship
A court
A theater
A sports arena
A day care center
A hospital
An establishment licensed under the Liquor Control Code
The above section does not apply to any of the following:
The owner or a person hired as security (if the firearm is possessed for the purpose of providing security)
A peace officer
A person with a valid concealed pistol license
(CPL) issued by any state
A person who possesses on one of the above
listed premises with the permission of the owner
or owner’s agent
Officers must be aware of the above exemption for valid CPL holders as many of the citizens who openly carry firearms possess valid CPLs.
An individual with a valid CPL may carry a non-concealed firearm in the above listed premises.
A CPL holder is not required by law to carry a pistol concealed. A CPL holder may carry a pistol concealed or non-concealed.
A private property owner has the right to prohibit individuals from carrying firearms on his or her property, whether concealed or otherwise, and regardless of whether the person is a CPL holder.
If a person remains on the property after being told to leave by the owner, the person may be charged with trespassing (MCL 750.552).
MCL 750.226 states it is a felony for a person to carry a dangerous weapon, including a firearm, with the intent to use the weapon unlawfully against another person.
Possession of firearms in public by a minor is addressed in MCL 750.234f.
Brandishing firearms
MCL 750.234e provides that it is a 90-day misdemeanor for a person to knowingly brandish a firearm in public. Brandishing is not defined in Michigan law and there are no reported Michigan cases that define the term.
Attorney General Opinion No. 7101 provides guidance and states, “A person when carrying a handgun in a holster in plain view is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm….”
In the absence of any reported Michigan appellate court decisions defining “brandishing,” it is appropriate to rely upon dictionary definitions. People v Denio, 454 Mich 691, 699; 564 NW2d 13 (1997). According to The American Heritage Dictionary, Second College Edition (1982), at p 204, the term brandishing is defined as: “1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. –n. A menacing or defiant wave or flourish.” This definition comports with the meaning ascribed to this term by courts of other jurisdictions. For example, in United States v Moerman, 233 F3d 379, 380 (CA 6, 2000), the court recognized that in federal sentencing guidelines, “brandishing” a weapon is defined to mean “that the weapon was pointed or waved about, or displayed in a threatening manner.”
Transporting firearms
Michigan law details how firearms may be transported in a vehicle. MCL 750.227c and MCL 750.227d discuss the transportation of firearms, other than pistols, in vehicles. MCL 750.227(2) makes it a felony for a person to transport a pistol anywhere in a vehicle unless the person is licensed to carry a concealed pistol.
Exceptions to the above statute are found in MCL 750.231a.
One such exception allows for transportation of pistols in a vehicle for a “lawful purpose.”
A lawful purpose includes going to or from any one of the following:
A hunting or target area
A place of repair
Moving goods from a home or business to another home or business
A law enforcement agency (for a safety inspection or to turn the pistol over to the agency)
A gun show or place of sale or purchase
A public shooting facility
Public land where shooting is legal
Private property where a pistol may be lawfully
used.
MCL 750.231a also provides that a pistol transported for a “lawful purpose” by a person not licensed to carry a concealed pistol must be all of the following:
Unloaded
In a closed case designed for firearms
In the trunk (or if the vehicle has no trunk, it must not be readily accessible to the occupants)
There is no way to “open carry” a pistol in a vehicle. An individual, without a CPL or otherwise exempted (e.g., a police officer), who transports a pistol in a vehicle to an area where he or she intends to “open carry” may be in violation of MCL 750.227.
Carrying concealed weapons
MCL 750.227 also makes it a felony for a person to carry a concealed pistol on or about his or her person unless the person is exempt under MCL 750.231 or MCL 750.231a.
Complete invisibility is not required.
The carrying of a pistol in a holster or belt outside the clothing is not carrying a concealed weapon.
Carrying a pistol under a coat is carrying a concealed weapon.
Op. Atty. Gen. 1945, O-3158. According to the Court of Appeals in People v. Reynolds, a weapon is concealed if it is not observed by those casually observing the suspect as people do in the ordinary course and usual associations of life. 38 Mich App. 159 (1970).
Firearms Act
MCL 28.422 provides that a person shall not purchase, carry, possess, or transport a pistol in Michigan without first having obtained a License to Purchase and registering the pistol.
The statute contains exemptions for certain persons and additional exemptions are located in MCL 28.422a and in MCL 28.432.
A person with a valid Michigan CPL does not have to obtain a License to Purchase; however, he or she still has to register the pistol after he or she purchases or otherwise acquires it using a Pistol Sales Record (MCL 28.422a). Violation is a state civil infraction.
Gun Belongs To Another Person?
Additionally, a person with a valid CPL can carry, possess, use, or transport a properly registered pistol belonging to another (MCL 28.432).
Gun Records
Pistol buyers are required to have in their possession their copy of the License to Purchase or Pistol Sales Record when carrying, using, possessing, and transporting the pistol for 30 days after they acquire the pistol. These records are commonly referred to as Registration Certificates or Green Cards.
Officers are reminded that after 30 days, there is no requirement to have either record in their possession or to keep either record.
CPL (Where It Get Confusing)
MCL 28.425o provides that a person with a valid CPL shall not carry a concealed pistol in a pistol free zone.
The following is a list of the premises (excluding parking lots) included in the statute:
First offense is a state civil infraction.
School or school property, except a parent or legal guardian who is dropping off or picking up a child and the pistol is kept in the vehicle
Public or private day care center
Sports arena or stadium
A bar or tavern where sale and consumption of liquor by the glass is the primary source of income (does not apply to owner or employee of the business).
Any property or facility owned or operated by a
church, synagogue, mosque, temple, or other
place of worship, unless authorized by the presiding official
An entertainment facility that has a seating capacity of 2,500 or more
A hospital
A dormitory or classroom of a community college, college, or university
Note, the above statute applies to CPL holders carrying a concealed pistol. If the CPL holder is carrying a non-concealed pistol, the statute does not apply. As noted above, the unlawful premises listed in MCL 750.234d do not apply to persons with a valid CPL. Therefore, a person with a valid CPL may carry a non-concealed pistol in the areas described in MCL 28.425o and MCL 750.234d.
Additionally, the above listed pistol-free zones for CPL holders do not apply to the following individuals when they are licensed to carry a concealed weapon:
Retired police officers
Persons employed or contracted by a listed entity to provide security where carrying a concealed pistol is a term of employment
Licensed private detectives or investigators
Sheriff’s department corrections officers
State police motor carrier officers or capital security officers
Members of a sheriff’s posse
Auxiliary or reserve officers of a police or sheriff’s department
Parole or probation officers of the department of corrections
Current or retired state court judges
Out-of-state residents
Non-residents may legally possess a firearm more than 30 inches in length in Michigan.
In order for a non-resident to possess a pistol in Michigan, he or she must either be licensed to carry a concealed pistol or be licensed by his or her state of residence to purchase, carry, or transport a pistol.
The ownership of property in Michigan does not qualify a non-resident to possess a pistol in Michigan.
Non-resident concealed pistol possession.
MCL 750.231a makes it legal for a non-resident of Michigan with a valid CPL issued by his or her state of residence to carry a concealed pistol in Michigan as long as the pistol is carried in conformance with any and all restrictions appearing on the license.
Individuals with out of state CPLs are subject to Michigan laws that govern Michigan CPL holders. As many states issue CPLs to out of state residents, officers should verify that the person actually resides in the state that issued the license.
If the person does not reside in the state that issued the license, Michigan does not recognize the CPL and the person may not carry a concealed pistol in Michigan.
Possession of pistols by non-residents
MCL 28.432 makes it legal for non-residents of Michigan who hold valid CPLs issued by another state to possess a non-concealed pistol in Michigan without complying with Michigan’s pistol registration requirements.
Additionally, MCL 28.422exempts residents of other states from Michigan’s pistol registration requirements therefore, allowing them to possess a pistol in Michigan, if all of the following requirements are met:
The person is licensed by his or her state of residence to purchase, transport, or carry a pistol,
The person is in possession of the license while in Michigan,
The person owns the pistol possessed in Michigan,
The person possesses the pistol for a lawful purpose as defined in MCL 750.231a, and
The person is in Michigan less than 180 days and does not intend to establish residency here.
A non-resident must present the license issued by his or her state of residence to a police officer upon demand. Failure to do so is a 90-day misdemeanor.
When transporting a firearm in Michigan, non-residents must transport pistols in compliance with MCL 750.231a (discussed above in the Transporting Firearms section), unless they have a concealed pistol license issued by their state of residence.
Officers are reminded that the Fourth Amendment protects citizens from unreasonable searches and seizures.
Carrying a nonconcealed firearm is generally legal.
Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot.
For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol.
Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation.
Here is the link to the Michigan State Police Legal Update from where the information was obtained. Please Note: Laws change so please consult an attorney for any legal questions.
