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Carrying firearms at relatives residence.

OneForAll

Regular Member
Joined
Mar 26, 2012
Messages
278
Location
Davison
My grandfather is passing and I am staying with him, as so my elderly grandmother has a support system and help with everything that needs to be done.

Stainless mentioned to ask this here.....(lol at the comments that will be posted because his name was dropped),

My wife does not have a CPL, but does carry concealed around our house. She only carries when at home. Is she "legally" allowed to conceal while she is inside my grandparents house with out a CPL?

Stainless said he seemed to remember someone here posting a cite that said you cannot do this. I feel that if a party store owner (that sells alcohol) can give you permission to be present in his store open carrying with out a CPL, then why would there be a problem with my grandmother giving my wife permission to conceal while we are staying at her house???
 

FreeInAZ

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Oct 15, 2012
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Secret Bunker
Don't have a cite off the top of my head, but pretty sure without the home being listed as her legal residence that she would be in violation of MI law without a CPL. Now if this was in AZ- she'd be golden.... :cool: MI law is baffling- she's a law-abiding citizen, shirt covers pistol without CPL and POOF! She has instantly become a criminal....outside of her home... Silly, I say.
 

Xanaseyr

Regular Member
Joined
Feb 14, 2012
Messages
37
Location
Jackson, MI
750.227
(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
 

OneForAll

Regular Member
Joined
Mar 26, 2012
Messages
278
Location
Davison
Now like I said in my original post can my grandmother (the home owner) give her permission to do so, (like a party store owner that sells alcohol)? We have been here for a week today, is there not some law that says my grandmother would technically have to evict us because of how long we have been here? (obviously this would never need to be done) And we still occasionally receive mail here too. I really am not worried about it because the last time I saw a cop in my grandparents neighborhood it was when we called 911 for my grandfather when he had his stroke.

Because of this non-sense rule, my wife said she will just go to Secretary of State and change her address on the back of her ID to my grandparents address.

Quick(not), Cheap(free), and Easy(B.S.)
We are talking about Secretary of State here, lol....
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
I think it would depend if the place could be considered her "dwelling house", defined as "housing that someone is living in". I am not a lawyer but if I were in her situation and were staying overnight there for a period of time, it MAY be considered that I am living there. The law doesn't say that she has to own it... this is why you can carry concealed in your hotel room without a CPL. Ultimately, the first step to a successful prosecution of your wife would require that she is detected to be carrying concealed by a law enforcement officer in the home. If it is a huge concern that she would not be considered to be in her "dwelling house", she could "open carry".
 
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22Luke36

Regular Member
Joined
Sep 5, 2013
Messages
472
Location
Above and Beyond.
I think it would depend if the place could be considered her "dwelling house", defined as "housing that someone is living in". I am not a lawyer but if I were in her situation and were staying overnight there for a period of time, it MAY be considered that I am living there. The law doesn't say that she has to own it. Ultimately, the first step to a successful prosecution of your wife would require that she is detected to be carrying concealed by a law enforcement officer in the home. If it is a huge concern that she would not be considered to be in her "dwelling house", she could "open carry".

Would they not be able to claim the same rights as one who was staying in a motel or efficiency apartment?
 

OneForAll

Regular Member
Joined
Mar 26, 2012
Messages
278
Location
Davison
I think it would depend if the place could be considered her "dwelling house", defined as "housing that someone is living in". I am not a lawyer but if I were in her situation and were staying overnight there for a period of time, it MAY be considered that I am living there. The law doesn't say that she has to own it... this is why you can carry concealed in your hotel room without a CPL. Ultimately, the first step to a successful prosecution of your wife would require that she is detected to be carrying concealed by a law enforcement officer in the home. If it is a huge concern that she would not be considered to be in her "dwelling house", she could "open carry".

Really, no one is worried.... Stainless and I, were talking and it came up because he knows of my wives carry preference. Even he was not concerned with any trouble coming of this.
 

FreeInAZ

Regular Member
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Oct 15, 2012
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2,508
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Secret Bunker
Really, no one is worried.... Stainless and I, were talking and it came up because he knows of my wives carry preference. Even he was not concerned with any trouble coming of this.

Rick - I have learned over the years to: "never say never" LE in your area has shown a willingness to devote huge amounts of time/manpower/resources towards things they "FEEL" could be a violation of the law. Now that it's out there for the world to see, she should OC whenever there is any doubt.... just saying...last thing needed is fighting bogus charges...right?
 

OneForAll

Regular Member
Joined
Mar 26, 2012
Messages
278
Location
Davison
Rick - I have learned over the years to: "never say never" LE in your area has shown a willingness to devote huge amounts of time/manpower/resources towards things they "FEEL" could be a violation of the law. Now that it's out there for the world to see, she should OC whenever there is any doubt.... just saying...last thing needed is fighting bogus charges...right?

Are you saying that just may be others around here too could be charged with bogus crimes?
Sorry, I had to....
 

FreeInAZ

Regular Member
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Oct 15, 2012
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2,508
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Secret Bunker
He was talking about CC.

Even his wife can't OC his guns?

That is correct. To carry openly (legally) in MI, one must be the registered owner of the pistol. The exception being a CPL holder who may carry any legal pistol even if not registered in their name. Supposedly, according to MSP, registration stops gun crimes. I say: if that was true - then how come states with no gun registration and more laxed gun laws have far lower rates of violent gun crime? See AZ crime statistics. Time it is called what it is - just another way to keep people from carrying guns, place as many hurdles as possible in the way and hope people don't educate themselves.

ETA - there's a good reason the Brady campaign gives MI a passing grade of a "C" on their report card of gun control states. I and the good people of AZ are happy to have received a big fat 0 / "F" from them. :D
 
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FreeInAZ

Regular Member
Joined
Oct 15, 2012
Messages
2,508
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Secret Bunker
Sounds like registration is causing crimes, not preventing them.

See you are thinking logically. Make it harder for law-abiding citizens to obtain and carry defensive side arms and guess what? Criminals still carry & knowing they have a teeny, tiny chance of stumbling upon a citizen who can defend themselves, they have a green light to mame, rape, and kill those they want to. Logic and the law are often polar opposites.
 
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22Luke36

Regular Member
Joined
Sep 5, 2013
Messages
472
Location
Above and Beyond.
Criminals are essentially the only ones with the freedom to carry without governments permission. Criminals have more of the right to keep and bear arms than we do !
 
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