open carry on a motorcycle in michigan

rkspringfield

rkspringfield

New member
Is it legal for me to open carry a registered pistol in the state of michigan
 
rkspringfield said:
Is it legal for me to open carry a registered pistol in the state of michigan
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This came up the other day at a meeting here in Michigan. We all did agree that the issue is VERY "Grey".

Check the Michigan Stae Police Web site. There are letters on line from AGs in Michigan on this subject. http://www.legislature.mi.gov/documents/publications/firearms.pdf

At his point, Best advise I can give you from here is... Seek a qualified attorney. I am not an attorney...
 
I would say that it is not legal at this time to OC on/in a motor vehicle of any kind in MI. Traffic laws, DNR issuse, etc. You could do it by current law if you had a MI CPL I would argue. But to my best understanding OC pertains to a man standing/walking/sitting in public and mostly not attached to any vehicle without a CPL. Then boats will be asked about and everything else. DNR etc. To complicated for just plain OC. If you duck down in your "blind" then its not OC. Or is it? If the wind blows your rain coat over your weapon, is it OC? Im sitting down in my boat and no one can see my OC, is it OC? The driver to my left and the cop also cant see my right side OC, I dont have a CPL so I cant "declare" or can I when pulled over for a traffic stop. Hell I could go on and on here. But it seems that MI OC is "regulated" to a man in full view in public without a vehicle. I dought the founders of the Republic ever considered this question. OOPs! The horse. I guess a man might carry OC that way without a traffic stop.-+
 
The way I read it....a CPL is required for vehicle carry...OC or CC...and I'm willing to bet that MI vehicle code classifies a motorcycle as a vehicle. So as long as you have your CPL you are legal.


28.425c License; form; authorized conduct.

Sec. 5c.

(1) A license to carry a concealed pistol shall be in a form, with the same dimensions as a Michigan operator license, prescribed by the department of state police. The license shall contain all of the following:

(a) The licensee's full name and date of birth.

(b) A photograph and a physical description of the licensee.

(c) A statement of the effective dates of the license.

(d) An indication of exceptions authorized by this act applicable to the licensee.

(e) An indication whether the license is a duplicate.

(2) Subject to section 5o and except as otherwise provided by law, a license to carry a concealed pistol issued by the county concealed weapon licensing board authorizes the licensee to do all of the following:

(a) Carry a pistol concealed on or about his or her person anywhere in this state.

(b) Carry a pistol in a vehicle, whether concealed or not concealed, anywhere in this state.
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mrjam2jab said:
The way I read it....a CPL is required for vehicle carry...OC or CC...and I'm willing to bet that MI vehicle code classifies a motorcycle as a vehicle. So as long as you have your CPL you are legal.
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That is exactly what makes it "Grey" or "Gray"... Is a bicycle a Vehicle?
 
micpl said:
Michigan Motorcycle Law
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Sounds like that cinched it.

Going by the INTENTION of that law preventing OC in a vehicle, which is obviously to prevent a traffic stop by a LEO who won't know your armed, you can OC on a bike. It's as much in the open as if your were walking and I'd wager that if taken to court, the charges would be dropped, especially considering the definition that a motorcycle IS NOT a motor vehicle. According to that link anyway.
 
Unfettered Might said:
Sounds like that cinched it.

Going by the INTENTION of that law preventing OC in a vehicle, which is obviously to prevent a traffic stop by a LEO who won't know your armed, you can OC on a bike. It's as much in the open as if your were walking and I'd wager that if taken to court, the charges would be dropped, especially considering the definition that a motorcycle IS NOT a motor vehicle. According to that link anyway.
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UM, very well stated, Im inclined to think you a lawyer of some sort. But as another keeps saying" grey or gray"

Motorcycles are still probably considered vehicles under traffic law and not as exempted for insurance policy laws. They must have all turn signals, head lights, LICENSE PLATES. Safety equipment including helments etc.. Now if it occurs that a MC is a VCHL then a MC/OC should have locked up that weapon in a compartment.
 
micpl said:
UM, very well stated, Im inclined to think you a lawyer of some sort. But as another keeps saying" grey or gray"

Motorcycles are still probably considered vehicles under traffic law and not as exempted for insurance policy laws. They must have all turn signals, head lights, LICENSE PLATES. Safety equipment including helments etc.. Now if it occurs that a MC is a VCHL then a MC/OC should have locked up that weapon in a compartment.
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I was at a gathering last week and some of the attendees were active with Mich Open Carry. This subject came up then as well. I think that RK's question OC on a Bike is being talked about about the state in multiple formats. It is a great question and one that needs and deserves a clear/clean answer.
 
mrjam2jab said:
The way I read it....a CPL is required for vehicle carry...OC or CC...and I'm willing to bet that MI vehicle code classifies a motorcycle as a vehicle. So as long as you have your CPL you are legal.
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ricbak said:
That is exactly what makes it "Grey" or "Gray"... Is a bicycle a Vehicle?
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MI vehicle code

257.79 “Vehicle” defined.
Sec. 79. “Vehicle” means every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively
upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a
mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts o
1987, being section 125.2302 of the Michigan Compiled Laws.
History: 1949, Act 300, Eff. Sept. 23, 1949;Am. 1976, Act 439, Imd. Eff. Jan. 13, 1977;Am. 1978, Act 568, Eff. Jan. 6, 1979;
Am. 1992, Act 134, Eff. Oct. 1, 1992.
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Motorcycle is a vehicle...bicycle in not.
 
micpl said:
UM, very well stated, Im inclined to think you a lawyer of some sort. But as another keeps saying" grey or gray"

Motorcycles are still probably considered vehicles under traffic law and not as exempted for insurance policy laws. They must have all turn signals, head lights, LICENSE PLATES. Safety equipment including helments etc.. Now if it occurs that a MC is a VCHL then a MC/OC should have locked up that weapon in a compartment.
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Well it makes perfect sense, that's why carry in a vehicle is ok once you've been checked out(CCL) vs. not so much with OC. The problem is if they decide to go by the letter instead of the intent, which is all too common a problem with the Judicial branch on both the Federal and State levels. Boils down to prosecutors more worried about conviction rates than justice being served.

Yeah I figured as much too, that's why I pointed out that I was only going by the info in the link.
 
motorcycle open carry

Michigan Motor Vehicle Code "Definition of terms" section uses motor vehicle when defining a motorcycle.
 
Got into this discussion very same on the MGO (Michigan Gun Owners) site about 4-5 months back...

It all started when a guy that was home on leave (Army) has his MI CCW was OC on a Motorcycle in some small burg on an ice cream run and the local PD stopped, detained, and he had some very specific issues....

Bottom line is OC is legal on a Motorcycle, basis is you ride ON a motorcycle, and IN a car, MI law states very specifically that IN a Vehicle your firearm is considered concealed, MI state police have been issued a edict by the commander that they are not to stop anyone on a motorcycle that is OC and not in violation of any law.
 
cpl's and law

I was in an accident in Thomas Township,Mi and the officer told me he should write me up for not telling him I had CPL. I did not have a gun with me. Checking with the state police later they said I did not have to declare if not with gun.
 
gerald said:
I was in an accident in Thomas Township,Mi and the officer told me he should write me up for not telling him I had CPL. I did not have a gun with me. Checking with the state police later they said I did not have to declare if not with gun.
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Get the Leo's name that informed you of such and take it up with the higher ups. If you are not carrying you do not need to declare if you have a cpl.
 
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