THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.231a Exceptions to MCL 750.227(2); "antique firearm" defined. Sec. 231a.
(1) Subsection (2) of section 227 does not apply to any of the following: (a) To a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence except where the pistol is carried in nonconformance with a restriction appearing on the license. (b) To the regular and ordinary transportation of pistols as merchandise by an authorized agent of a person licensed to manufacture firearms. (c) To a person carrying an antique firearm, completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle. (d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle. (e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle. (2) As used in this section, "antique firearm" means either of the following: (i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or replica of such a firearm, whether actually manufactured before or after 1898. (ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
History: Add. 1964, Act 215, Eff. Aug. 28, 1964 ;-- Am. 1973, Act 191, Eff. Mar. 29, 1974 ;-- Am. 1974, Act 55, Imd. Eff. Apr. 1, 1974 ;-- Am. 1978, Act 280, Imd. Eff. July 6, 1978 ;-- Am. 2002, Act 82, Imd. Eff. Mar. 26, 2002 ;-- Am. 2008, Act 196, Eff. Jan. 7, 2009 ;-- Am. 2012, Act 427, Imd. Eff. Dec. 21, 2012
Understanding Michigan's Laws on Exceptions for Carrying a Concealed Firearm
This law is from the Michigan Penal Code, specifically Act 328 of 1931, Section 231a. It defines some exceptions to the prohibition on carrying concealed firearms as specified in Section 227(2) of the same act.
Exceptions for Carrying a Concealed Firearm
The law outlines several situations where the restriction against concealed carry does not apply:
- For Licensed Individuals: People who have a valid license to carry a concealed pistol, issued by their state of residence, are exempt from the restriction, unless they are carrying the pistol in violation of a specific restriction listed on their license.
- For Firearms Merchants: Authorized agents of a licensed firearms manufacturer can transport pistols as merchandise as part of their regular business activities.
- For Antique Firearm Owners: Those carrying an antique firearm, which is completely unloaded and securely stored in a closed case or container in the trunk of a vehicle, are exempt.
- For Lawful Transportation of a Licensed Firearm: A person who is transporting a licensed pistol for a lawful purpose, with the firearm being unloaded and kept in a closed case designed for firearms storage in the trunk of their vehicle, is also exempt.
- For Lawful Transportation of a Licensed Firearm in a Vehicle Without a Trunk: A similar exemption applies if the person is transporting a licensed pistol in a vehicle without a trunk. The firearm must be unloaded and kept in a closed case designed for firearms storage, and it must not be readily accessible to the occupants of the vehicle.
Definition of an Antique Firearm
The law defines an "antique firearm" in two ways:
(i) A firearm that isn't designed for using rimfire or conventional centerfire ignition with fixed ammunition and was manufactured in or before 1898. This includes firearms with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a replica of such a firearm, whether actually manufactured before or after 1898.
(ii) A firearm that uses fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and isn't readily available in ordinary commercial channels.
As with all legal matters, consult with a legal professional for advice related to specific circumstances. This interpretation is based on the text of the law and may be subject to change or different interpretations based on various factors.