# Handgun open carry in bear country



## kroppe (May 7, 2000)

I did a search but couldn't find the answer. Seems this comes up every now and then. 

In MI is it legal to open carry (hip or shoulder holster) a handgun while hiking/fishing in bear country? Assume middle of summer and therefore no conflict with big game season.

What about if a handgun is unloaded, separated from its ammo, and locked (cable lock) in a backpack? Is this legal transportation of a weapon or is it concealed carry? 

The magazine would be loaded but no round in the chamber, if that matters. Thanks.


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## alex-v (Mar 24, 2005)

Your questions are valid, and yes, they come up often here and on other Michigan based msg boards.

One thing that I think all COs, active and retired, and all wildlife biologists, and probably all experienced handgun shooters and hunters will agree on is one small point.

Unless you have trained for years and years it is unlikely that you will be able to rack a round into an empty chamber and get a shot off at a charging black bear. They run fast, faster than most of us could even draw the gun from a holster in the time the bear would cover the distance.

If you pull the gun from the holster and rack the round when you first see the bear and before it charges then it diminishes your claim that it was self-defense and not hunting.

Just something to think about.


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## Ninja (Feb 20, 2005)

Yes to the first question, and to the second....it would be considered concealed and therefore illegal.


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## kroppe (May 7, 2000)

Ninja, 

Thanks for the input.


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## twohats (Oct 1, 2004)

Good ? I have been out in the woods and have seen backpackers that had a gun on the hip. I never even ? as to wether it was legal or not. Just thought it was a good idea. But there is a number of critters that you can hunt all year. So if you have a small game license and an orange hat it should be just fine I would think. But dont take my word for it.( Call a CO. )


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## 22 Chuck (Feb 2, 2006)

There is some funny wording in the legislation that says:

..."shall (or must) be unloaded in barrel AND magazine...."

so if you are carrying a loaded mag it may as well be in the gun weather on backpack or in your trunk(backseat).
To carry a firearm in a backpack with gun lock as previously pointed out is not good. Might just as well use rocks.


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## Ron Matthews (Aug 10, 2006)

I was told unless you have ccw Handguns cannot be carried outside the season with license in hand. ie-44cal can only be carried during gun season. Call local dept's to get a FORSURE answere!!


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## alex-v (Mar 24, 2005)

There are animals that have open seasons all summer long. An example is the ground squirrel. There is no law that denies us from hunting/shooting them with a 44 Mag handgun.



> What about if a handgun is unloaded, separated from its ammo, and locked (cable lock) in a backpack? Is this legal transportation of a weapon or is it concealed carry?


I am curious as to how this woud be considered to be illegal Conceal Carry. As an example, how would someone get the gun from the vehicle to the camp?


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## The Nailer (Feb 7, 2000)

Check this site for the most correct answers, http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10953--,00.html

this is what I found on a quick look

Concealed Weapons (Non-CPL Holders)

1. If I do not have a CCW permit, may I transport my pistol in a motor vehicle?

A person is now permitted to transport a pistol for a lawful purpose if the owner or occupant of the vehicle is the registered owner of the firearm and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, the pistol may be in the passenger compartment of the vehicle unloaded and inaccessible to the occupants of the vehicle.



The law defines lawful purpose as:

While en route to or from a hunting or target shooting area. 
While transporting a pistol to or from home or place of business and a place of repair. 
While moving goods from one place of residence or business to another place of residence or business. 
While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol. 
While en route to or from home or place of business to a gun show or place of purchase or sale. 
While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted. 
While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance.


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## Ninja (Feb 20, 2005)

From the same website.....

MCL 28.422 No license is needed to carry a pistol as long as it is exposed. However, should a person cover the pistol during inclement weather with a jacket or coat or get into a vehicle, the pistol would be concealed, and the carrier would place himself in jeopardy unless he possessed a concealed pistol permit. Per Attorney General&#8217;s opinion #3158 dated February 14, 1945, a holster, in plain view, is not considered concealed. Department of Natural Resources regulations require a person to have a valid Michigan hunting license if in an area inhabited by wildlife, while in possession of a firearm.


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## alex-v (Mar 24, 2005)

Ninja said:


> From the same website.....
> 
> MCL 28.422 No license is needed to carry a pistol as long as it is exposed.....<snipped the rest>


I have been under the impression for years, more years than I want to admit to, that this is valid for pistols that are loaded OR accessible to the person. If the handgun is unloaded and put in a case then it can be considered as being transported. This is along the lines of a handgun in a case in the trunk of a car or in the back of a pick-up truck. Those would not be considered as being concealed weapons since they are following the law for transporting them.


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## mecheadSR (Dec 18, 2003)

I know this has probably been asked before and I did'nt mean to get off topic but can I carry a handgun with a ccw permit on me while bow hunting.


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## Ninja (Feb 20, 2005)

alex-v said:


> I have been under the impression for years, more years than I want to admit to, that this is valid for pistols that are loaded OR accessible to the person. If the handgun is unloaded and put in a case then it can be considered as being transported. This is along the lines of a handgun in a case in the trunk of a car or in the back of a pick-up truck. Those would not be considered as being concealed weapons since they are following the law for transporting them.


He stated his magazine would be loaded....that is a no-no....also, if the pistol were cased and locked in his backpack, he might be ok.

Here's another monkey-wrench....the DNR Hunting Guide states that you DO NOT need a hunting license if you are hiking through the woods and are not attempting to take game....hmmmmm....a little discrepancy...???


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## alex-v (Mar 24, 2005)

Ninja said:


> He stated his magazine would be loaded....that is a no-no....also, if the pistol were cased and locked in his backpack, he might be ok.


I took that as seperate questions presented in one posting. One question involved carrying the gun with a loaded magazine but not a round in the chamber. This is a condition of carry that I hear about a lot because the person is uncomfortable carrying a loaded handgun and this makes them feel better while walking in the woods. They think that they can draw and chamber a round faster than the bear can run at them.



Ninja said:


> Here's another monkey-wrench....the DNR Hunting Guide states that you DO NOT need a hunting license if you are hiking through the woods and are not attempting to take game....hmmmmm....a little discrepancy...???


I think that this can be back-tracked to a section on the carrying of a concealed weapons (under a CPL) but I do not have a copy of the rules in front of me. I will try to take a look later.


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## Ninja (Feb 20, 2005)

Alex.....that is for OPEN carry...in the DNR Hunting Regs.

I see the seperate questions....it's clearer to me now.


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## tjstebb (Jun 5, 2006)

here is what it says in the dnr hunting guide about carrying a handgun this was takinright from the rule book*Statewide Handgun Regulations* 
[SIZE=-1]_(*Note: *The guidelines listed below may not apply to a person having a concealed pistol license or a person specifically exempt by law from a concealed pistol license and carrying their handgun in accordance with their license or exemption.)_
*Carrying of Handguns in the Field
*While in the field, handguns must be carried in plain view. Carrying a handgun in a holster in plain view is permitted. 
*Transportation of Handguns
*You may transport your registered handguns while en route to and from your hunting or target shooting area; however, handguns, including BB guns larger than .177 caliber and all pellet guns must be unloaded and in a closed case designed for the storage of firearms in the trunk of the vehicle. If the vehicle does not have a trunk, the handgun must be unloaded and in a closed case designed for the storage of firearms and cannot be readily accessible to any occupant of the vehicle. 
It is a crime for certain felons to possess firearms, including rifles and shotguns, in Michigan. For more information regarding statewide handgun regulations, obtaining a concealed pistol license or Michigan concealed weapons and firearms laws, contact your local police department or visit the Michigan State Police website at www.michigan.gov/msp.
[/SIZE]un while in the field


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## kroppe (May 7, 2000)

Seems like malainse's response was deleted. I read it in my email inbox and it seemed reasonable. 

Having a small game license and wearing an orange hat seems the most straightforward answer, if you are carrying on your hip. 

The remaining question I have is can I carry an unloaded pistol with no magazine in my backpack, and in the same backpack is full magazine? 

Is Boehr no longer on this site, or is he enjoying his retirement too much?  :lol:


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## malainse (Sep 2, 2002)

kroppe said:


> Seems like malainse's response was deleted. I read it in my email inbox and it seemed reasonable.
> 
> 
> 
> Is Boehr no longer on this site, or is he enjoying his retirement too much?  :lol:



I wanted to send it as a PM and it was posted here, did not want to offend anyone so I deleted it... 

Ray is enjoying his retirement


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## boehr (Jan 31, 2000)

Yes I am enjoying it. 

As for carrying a handgun, no CCW, the law requires it on the outside and at least a small game license as stated in one of the posts. If you never shoot or even attempt to shhot at anything most LEO's (CO's) won't care if you have a small game license or not (remember "most" & what the law states).

As for the backpack, it would still be considered concealed, loaded, unloaded whatever. Concealed doesn't matter if it is loaded of not. As for the transporting, if it is inaccessible to you and locked and unloaded then you can. The question is, being in a backback considered inaccessible? I don't think so.

But then things change and I don't keep up with changes like I use to.


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## shotgun12 (Jul 19, 2005)

over here if the magazine is loaded then the gun is clased as loaded.the mag could be in your pocket.


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