THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.227 Concealed weapons; carrying; penalty. Sec. 227.
(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any 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. (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. (3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.227 ;-- Am. 1973, Act 206, Eff. Mar. 29, 1974 ;-- Am. 1986, Act 8, Eff. July 1, 1986 Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix punishment. People v Sturgis, 427 Mich 392; 397 NW2d 783 (1986). Former Law: See section 5 of Act 372 of 1927, being CL 1929, § 16753.
Simplifying Michigan's Concealed Weapons Law
In today's post, we're examining Act 328 of 1931, Section 227 from the Michigan Penal Code. This regulation provides crucial information about the rules surrounding concealed weapons in Michigan.
The Rules of Concealed Carry
Michigan law sets clear guidelines regarding concealed weapons. Here's the breakdown:
Forbidden Concealed Weapons
Michigan law disallows the concealed carrying of certain dangerous weapons. The prohibited list includes but is not limited to daggers, dirks, stilettos, or double-edged non-folding stabbing instruments. The same applies to carrying these weapons in a vehicle, except if you're in your home, place of work, or on other land you own.
An exception to this rule is a hunting knife, which if adapted and carried as such, is permissible.
Carrying Concealed Pistols with a License
The law gets more specific when it comes to carrying concealed pistols. According to Michigan law, a person cannot carry a concealed pistol without having a legal license for the same. If you have a license, you must abide by its terms. For instance, the license will allow you to carry a concealed pistol in most places, but there might be some specific restrictions depending on the license. It's important to stay informed about these restrictions to avoid unintentional violations.
In simpler terms, you can't conceal certain weapons on your person or in your vehicle unless you're on your property. If you have a pistol license, make sure you follow all the restrictions on your license.
Penalties for Non-compliance
Breaking these rules in Michigan is considered a felony, with severe consequences:
- Imprisonment: Violating the law may result in imprisonment for up to 5 years.
- Fines: Violators may also be fined up to $2,500.
It's crucial to stay within the boundaries of these laws, for your safety and the safety of others. Understanding these laws can help you avoid accidental violations and their respective penalties.
Responsible Use of Weapons: A Reminder
These laws are designed to keep everyone safe. They are not designed to prevent law-abiding citizens from protecting themselves or participating in legal activities like hunting. By understanding and following Michigan's concealed carry laws, you can confidently and safely exercise your rights.
While it's critical to know these laws, remember that this guide should not be a substitute for legal advice from a professional. The legal landscape can change, and individual situations can vary. Always consult with a legal professional to get advice tailored to your specific circumstances.