Michigan Criminal Code: Firearms

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Pistols; unlawful possession by licensee

Published: 9 months ago
Subcategory:
Firearms

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.227a Pistols; unlawful possession by licensee. Sec. 227a.

Any person licensed in accordance with law to carry a pistol because he is engaged in the business of protecting the person or property of another, except peace officers of the United States, the state or any subdivision of the state, railroad policemen appointed and commissioned under the provisions of Act No. 114 of the Public Acts of 1941, being sections 470.51 to 470.61 of the Compiled Laws of 1948 or those in the military service of the United States, who shall have a pistol in his possession while not actually engaged in the business of protecting the person or property of another, except in his dwelling house or on other land possessed by him, is guilty of a felony. This section shall not be construed to prohibit such person from carrying an unloaded pistol to or from his place of employment by the most direct route.

History: Add. 1966, Act 100, Eff. Mar. 10, 1967 ;-- Am. 1967, Act 49, Eff. Nov. 2, 1967

Understanding Michigan's Laws on Unlawful Possession of Pistols by a Licensee

Today, we're breaking down an excerpt from the Michigan Penal Code, Act 328 of 1931, Section 227a. This section outlines the rules surrounding the possession of pistols by individuals licensed for carrying them due to their profession of protecting others' lives or property.

Unlawful Possession of Pistols

According to Michigan law, specific individuals who are lawfully licensed to carry a pistol are prohibited from having a pistol in their possession under certain circumstances. These individuals are typically those whose profession involves protecting the person or property of another.

It's important to note that this does not apply to:

  • Peace officers of the United States, the state, or any subdivision of the state
  • Railroad policemen appointed and commissioned under Act No. 114 of the Public Acts of 1941
  • Those in the military service of the United States

The restriction applies when these licensed individuals are not actively engaged in their business of protecting the person or property of another. During these times, they can only carry a pistol in their dwelling house or on other land they possess. Violating this law is considered a felony in Michigan.

Carrying an Unloaded Pistol

An exception to this law allows these individuals to transport an unloaded pistol to or from their place of employment. However, they must take the most direct route. This means a security guard, for example, could legally carry an unloaded pistol directly to or from work.

Consequences for Violation

In Michigan, violating this regulation is a serious offense and is classified as a felony. It's important for those affected by this law to be mindful of when and where they are allowed to carry a pistol.

By understanding these laws, individuals can avoid unintentional violations and the resulting legal consequences. However, remember that the legal landscape can change, and individual situations can vary. Always consult with a legal professional to get advice tailored to your specific circumstances.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.


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