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 | MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS
"Promoting safe use and ownership of firearms through
education, litigation, and legislation"
Since 1996 |
| MCRGO Weekly E'News - Answers to FAQ's |  | | |
Monday, May 11, 2009
| The most recent (May 2009) County by County CPL report is now available for download from the Michigan State Police web site. According to the MSP report, as of May 4th, 2009 there were 191,610 concealed pistol license holders in Michigan. Click here to download. (.pdf, 270kb) |  |
Frequently Asked Question
Q: As I understand the law, If you are a CPL holder and are carrying a handgun, you are required to immediately disclose to a law enforcement officer that you are legally in "possession" of that firearm (whether on your person or not). This is a quote taken directly from the MSP website: "An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle". My question is this: what if that handgun is loaded and is in the passenger compartment of your car and a law enforcement officer approaches you in a parking area, or comes to your place of business or to your home (where your car and that handgun are both located). Are you required by the law to disclose that you are legally possessing a concealed handgun (which by definition of the law, you are), even though that handgun is in your car at that time?
A: The key word in the language of the statute that you quote from the MSP website is "carrying." The point of the law is that law enforcement officers know, for their own safety, when someone they are dealing with is armed. The drafters of the statute wanted to make it clear that you are still in possession of the gun while you are in the car with the gun, even if it is not actually in your pocket or holster. If you are not in your car, and the gun is in your car, you are not "carrying" or in possession of the gun. However, there may be an argument that if it is within your "lunge area," meaning that you can easily reach it in one quick motion, it is in your possession. So, if you are standing right next to your car and there is a gun in the car, and you are "stopped" meaning you are having some kind of official interaction with the officer (as opposed to simply saying "nice day isn't it" as the officer walks by), you should probably disclose. It is always recommended that you disclose when in doubt. There is no negative legal consequence to disclosure. The only negative consequence comes from a failure to disclose.
This information is provided by Steve Dulan. Steve is an attorney in private practice in East Lansing and serves as an adjunct professor teaching firearms law at The Thomas M. Cooley Law School in Lansing, as well as an instructor of the legal portion of CPL classes around the state. He is a current member of the Board of Directors of MCRGO and a member of the Board of Trustees of the MCRGO Foundation and the MCRGO Foundation Firearms Civil Defense Fund -- www.StevenWDulan.com.
Traveling to Canada? -- The Michigan Department of State recently began accepting applications for the new enhanced driver's license (EDL) it is offering to state residents, and those who travel to Canada to hunt or fish may find it particularly useful.
The enhanced license was developed to provide a more convenient and affordable option than a passport for state residents to meet tougher federal border ID rules that go into effect on June 1. It will help protect Michigan's economy as well as its security. -- Terri Lynn Land, Secretary of State
For additional information on the enhanced license, please visit the following link: michigan.gov/sos
| Looking for CPL classes and Events of Interest? Check out our Calendar and list of Instructors! |
"Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery." - Winston Churchill
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