MICHIGAN LAW

Originally Posted By: rudymontanaUnload that conceal carry weapon? \


firearms that fall under the concealed carry realm are exempt from the standard transport rules. yes we're allowed to carry them loaded
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Originally Posted By: 2muchgunOriginally Posted By: Plant.Oneyou want dumb - michigan law claims that a loaded magazine = a loaded gun for transport reasons. even if the magazine isnt anywhere near the gun and is otherwise cased. so if you're coming back in from hunting not only do we have to case our guns up and unload them, but we must also unload our mags. even if the gun is locked in the trunk. the same applies for coming into your stand pre-hunting hours.

Hmmmm. Apparently the rules have changed and I'm guilty of not keeping up. I never knew I was breaking the law. When I have a gun with a detachable mag, I take mag out of gun and toss it in one of those green plastic ammo boxes. I use the same box to transport calls, flashlight, knife, scents, etc.,etc. My "goodie box". I always have it. Gun goes in it's case. Never dreamed I was illegal.....


its been like that as long as i can remember. still doesnt make it a mostly bovine fecal matter rule.
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Wandered a bit from op's BB guns... which I agree it's silly to equate my kids pink red ryder (without the compass in the stock) to a .50bmg. Or anything in the middle for that matter
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Threadjack, my youngest is still a little guy. Any suggestions for a small bb gun? I bought both kids guns this xmas but he's too small in the lop dept to hold a youth sized correctly.
 
I think the issue in michigan is that at close range a bb gun red ryder could kill a squirrel? the bb gun I bought was for feral birds like starlings and pigeons. can't use a .22 in town limits so I got a bb gun. at one point in the walmart in soo, mi. took all bb guns off the shelves for a couple months. I asked what the reason for this and no one could give an answer. so I went to kmart and got one.
 
Originally Posted By: Plant.OneOriginally Posted By: 2muchgunOriginally Posted By: Plant.Oneyou want dumb - michigan law claims that a loaded magazine = a loaded gun for transport reasons. even if the magazine isnt anywhere near the gun and is otherwise cased. so if you're coming back in from hunting not only do we have to case our guns up and unload them, but we must also unload our mags. even if the gun is locked in the trunk. the same applies for coming into your stand pre-hunting hours.

Hmmmm. Apparently the rules have changed and I'm guilty of not keeping up. I never knew I was breaking the law. When I have a gun with a detachable mag, I take mag out of gun and toss it in one of those green plastic ammo boxes. I use the same box to transport calls, flashlight, knife, scents, etc.,etc. My "goodie box". I always have it. Gun goes in it's case. Never dreamed I was illegal.....


its been like that as long as i can remember. still doesnt make it a mostly bovine fecal matter rule.
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Only guns with a internal mag has to have the mag unloaded. If it has a removable mag you do NOT have to unload the mag only remove it from the gun and it can be kept in the same case.
 
Originally Posted By: longhair49709Only guns with a internal mag has to have the mag unloaded. If it has a removable mag you do NOT have to unload the mag only remove it from the gun and it can be kept in the same case.

This makes a lot more sense...
 
Originally Posted By: pahntr760Originally Posted By: longhair49709Only guns with a internal mag has to have the mag unloaded. If it has a removable mag you do NOT have to unload the mag only remove it from the gun and it can be kept in the same case.

This makes a lot more sense...

makes more sense and reinforces that you should take stuff read on the internet with a grain of salt and check into it for you self.
 

can you please cite where it makes the distinction between internal and detachable magazines?

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also
http://www.michigan.gov/dnr/0,4570,7-153-10366_37141_37706-31579--,00.html

Quote:Transporting Firearms, Crossbows, and Bows and Arrows

These rules apply whether your vehicle is parked, stopped, moving or is on private or public property. Firearms must be unloaded in the barrel, and all arrows must be in a quiver when a hunter is afield outside the legal hunting hours.

At all times when carried in or on a motor vehicle, including snowmobiles:

Rifles, shotguns, muzzleloading and other firearms must be unloaded in both barrel and magazine and enclosed in a case or carried in the trunk of a vehicle.


Crossbows, slingshots, and bows and arrows must be enclosed in a case or unstrung or carried in the trunk of a vehicle.
At all times, when carried in or on an off-road vehicle (ORV):

Rifles, shotguns, muzzleloading and other firearms must be unloaded in both barrel and magazine and enclosed in a case or equipped with and made inoperative by a manufactured keylocked trigger-housing mechanism.


Crossbows, slingshots, and bows and arrows must be enclosed in a case or unstrung.
At all times, when carried in or on a motor-propelled boat or sailboat:

Rifles, shotguns, muzzleloading and other firearms must be unloaded in both barrel and magazine.


Firearms may not be loaded.
Exception: See the Waterfowl Hunting Digest, under the Joint State-Federal Migratory Bird Hunting Regulations section.
Exception: These rules do not apply to a pistol carried under authority of a concealed pistol license or properly carried under authority of a specific exception from the requirement of a concealed pistol license. See Statewide Handgun Regulations.

A percussion cap muzzleloading longarm is considered unloaded if the percussion cap is removed. A flintlock muzzleloading longarm is considered unloaded if the cock is left down and the pan is open. Black powder handguns must be transported as stated above. A muzzleloading firearm that has an electric ignition system is considered unloaded if the battery is removed.
 
Originally Posted By: pahntr760How is a firearm loaded when the magazine is removed?

welcome to a state run by liberal's for a couple generations.

i dont make the laws. unfortunately i just have to live with them. thankfully they never got as bad as the peoples republik Kalifornia here.


thankfully our 2a stuff has been going in the right direction over the last few years - we now have suppressors, SBR's, SBS's. they're working on fixing the airgun thing right now. hopefully we can fix the magazine issue too. and get suppressor's approved for hunting too.

 
My point is, reading the State's definition, a loaded firearm is unlawful. If the magazine is removed, the firearm is no longer loaded. It seems pretty clear to me.
 


much like many laws out there, this law don't care what our definition of unloaded is. what matters is what the law is written to define itself as.

in this case unfortunately there is that pesky line in the law that says "unloaded in both barrel and magazine"

it doesnt say "unloaded in barrel and magwell is empty" or "unloaded in barrel and detachable magazine removed from the firearm"
 
Hey Plant.One why don't you read the LAW not the hunting guide?
If that's to hard for you go to Michigan Gun Owners web site to the Legal Beagle Corner and check there, several lawyers there to make sure everything is correct.
 
Originally Posted By: longhair49709Hey Plant.One why don't you read the LAW not the hunting guide?
If that's to hard for you go to Michigan Gun Owners web site to the Legal Beagle Corner and check there, several lawyers there to make sure everything is correct.

a link would have been handy and saved me 4 or 5 hours, but i'll say thanks in advance anyway .

yes i've been able to find dozens of posts there (MGO) that people say its legal (including lawyers) but the only thing i've been able to find that even comes close thats offically published by michigan (or codified in the MCL code) is as follows.

http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._66_238184_7.pdf

however, that said - the MCL it links you to MCL 750.227d. nowhere in 750.227d (or anywhere else that i can find) defines "unloaded". and since this is a "guide" it follows about the same qualification as the michigan hunting guide. its a reference.

so it appears that its a very grey area of the law at best and that there are two offical published documents by the state of michigan that give conflicting information - one from the DNR and one from the MSP.

i'm shipping a email off to the MSP legal department to see if they can cite someplace that clearly defines as such.

i'm all for learning and i would LOVE to find someplace that clearly links to the statute that defines a loaded (detached) magazine does not = loaded gun. my google-foo just comes up short on the subject.

any help would be appreciated, maybe i overlooked something
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I know in Kansas, airguns are regarded by law to be the same as firearms, and regulated as such. Now, in Kansas, we have pretty reasonable firearms laws in general, so we aren't subject to retarded and unreasonable transportation laws.
 
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