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rmkwebdesign
Regular Member
| Joined: | Fri Jul 3rd, 2009 |
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| Posts: | 2 |
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Posted: Fri Jul 3rd, 2009 06:38 pm |
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I am attending graduate school at Michigan State University.
While I will be living temporarily in East Lansing for school, my state of legal residence remains in TX. I have a TX CHL.
I am just beginning to learn about MI laws. My main question is whether or not OC is legal for only residents and if being a TX resident would put me in jeopardy of OC'ing if stopped by an LEO.
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CoonDog
Regular Member
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Posted: Fri Jul 3rd, 2009 08:11 pm |
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Ok, this is just off the cuff, but since MI honors Texas permit holders, you can CC with your Texas permit. To OC a handgun in MI, I read the LTP statute as non-residents licensed to carry in their home state don't need to apply for a MI carry permit, as long as you meet the requirements in subsection (8):
http://www.legislature.mi.gov/%28S%28zexjfm55vmous4innuzlvm55%29%29/mileg.aspx?page=getObject&objectName=mcl-28-422
28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; nonresidents; basic pistol safety brochure; forging application; implementation during business hours.Sec. 2.
(1) Except as otherwise provided in this section, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.
(8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following conditions apply:
(a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
(b) The individual is in possession of the license described in subdivision (a).
(c) The individual is the owner of the pistol he or she possesses, carries, or transports.
(d) The individual possesses the pistol for a lawful purpose as that term is defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.
(e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.
(9) An individual who is a nonresident of this state shall present the license described in subsection (8)(a) upon the demand of a police officer. An individual who violates this subsection 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.
As a student, you may get tripped up on the 180 days or less 8(e) requirement. Make sure you carry your Texas permit with you per subsection (9).
Hopefully some others will confirm for you.
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Michigander
Regular Member
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Posted: Fri Jul 3rd, 2009 09:42 pm |
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Make sure you set up a picnic or other form of meeting while you're here. 
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CoonDog
Regular Member
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Posted: Sat Jul 4th, 2009 01:13 am |
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Also, be sure to note the restricted areas for CC:
http://www.legislature.mi.gov/%28S%28n2q00masuog5dk554bwpxyng%29%29/mileg.aspx?page=GetObject&objectname=mcl-28-425o
Add: You can OC with your CC permit in these areas. Many members here, however, state that you cannot OC at a school even with a CPL/CCW permit, but I don't have that cite so someone else will have to find it for you.
Also, "school" in (1)(a) means K-12.
And don't drink while CCing. The BAC legal limits for CC are <= 0.02% and for OC are <= 0.08%. I believe also that you must not present as "under the influence" no matter your BAC level or other intoxicant.
Last edited on Sat Jul 4th, 2009 01:20 am by CoonDog
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zigziggityzoo
Campaign Veteran
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Posted: Sat Jul 4th, 2009 02:53 am |
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rmkwebdesign wrote:
I am attending graduate school at Michigan State University.
While I will be living temporarily in East Lansing for school, my state of legal residence remains in TX. I have a TX CHL.
I am just beginning to learn about MI laws. My main question is whether or not OC is legal for only residents and if being a TX resident would put me in jeopardy of OC'ing if stopped by an LEO.
You can't establish residency here and continue to carry with your TX permit. You must get a MI CPL if that's your intention.
As others have said, if you intend to be here for longer than 6 months, then you must register your handguns in MI. The only way to register your handguns in MI is to change your residency to MI.
Were it me, I would plan on maintaining my Texas residency, and making sure I leave the state at least once every 6 months. (Which you'd probably do anyway, going home for summers and holidays....)
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rmkwebdesign
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Posted: Mon Jul 6th, 2009 05:07 am |
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| Thanks for the replies!
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