Michigan carry laws

ptpalpha

ptpalpha

Joined
Aug 25, 1999
Messages
1,317
Does anyone have a good handle on the carry laws for Michigan? I've read some fairly confusing and seemingly contradictory statutes. They seem to indicate that you cannot carry any folder concealed if the blade is longer than 3", which strikes me as ridiculous.
I'm also wondering about carrying an auto, and a concealed fixed blade.
Thanks for any help-
Paul
 
Here is Michigan law online in searchable database form:
http://www.michiganlegislature.org/law/default.asp


Here is what I got from it:

Act 328 of 1931

750.227 Concealed weapons; carrying; penalty. [M.S.A. 28.424 ]
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.


THE MICHIGAN PENAL CODE (EXCERPT)


Act 328 of 1931

750.226 Firearm or dangerous weapon; carrying with unlawful intent. [M.S.A. 28.423 ]
Sec. 226. Carrying firearm or dangerous weapon with unlawful intent—Any person who, with intent to use the same unlawfully against the person of another, goes armed with a pistol or other firearm or dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or instrument, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years or by a fine of not more than 2,500 dollars.


THE MICHIGAN PENAL CODE (EXCERPT)


Act 328 of 1931

750.226a Pocket knife opened by mechanical device; unlawful sale or possession; persons exempted. [M.S.A. 28.423(1) ]
Sec. 226a. Any person who shall sell or offer to sell, or any person who shall have in his possession any knife having the appearance of a pocket knife , the blade or blades of which can be opened by the flick of a button, pressure on a handle or other mechanical contrivance shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not to exceed 1 year or by a fine of not to exceed $300.00, or both.

The provisions of this section shall not apply to any one-armed person carrying a knife on his person in connection with his living requirements.




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Dennis Bible
 
Thanks, Dennis. So, in summary, here in Michigan it's illegal to carry a concealed fixed blade (felony), it's illegal to even OWN an auto (misdemeanor), and I can carry any folder I want to as long as I have good intentions.
smile.gif

Well, with the exception of the auto's, that ain't so bad.
smile.gif
frown.gif
 
Would it be legal to carry a knife with a thumb stud? Or one with the torsion bar like the Whirlwind?

- Whirlwind

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Revelation 13:9-10, "If any man have an ear, let him hear. He that leadeth into captivity shall go into captivity: he that killeth with the sword must be killed with the sword. Here is the patience and the faith of the saints."
 
Whirlwind, I'm not sure. After reading the following, I would tend to think it would be up to the judge to decide.
"Sec. 226a. Any person who shall sell or offer to sell, or any person who shall have in his possession any knife having the appearance of a pocket knife , the blade or blades of which can be opened by the flick of a button, pressure on a handle or other mechanical contrivance shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not to exceed 1 year or by a fine of not to exceed $300.00, or both."
It's that "other mechanical device" clause which may include the Whirlwind.
frown.gif

-Paul
 
I was wondering if there were any recent case laws that would make it illegal. I was informed by the local knife shop that it was legal, but they might not have known if something happened recently. Thanks though for replying.

- Whirlwind

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Revelation 13:9-10, "If any man have an ear, let him hear. He that leadeth into captivity shall go into captivity: he that killeth with the sword must be killed with the sword. Here is the patience and the faith of the saints."
 
I sent an email to the attorney general to get a clarification on the laws and she never replied back. Guess who won't be getting my vote.

The intent thing is weird. So I can carry as big a knife as I want, as long as my "intent" is pure as the driven snow?



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Hoodoo

I get some pleasure from finding a relentlessly peaceful use for a combative looking knife.
JKM
 
Hoodoo:

I think you've got it about the intentions part, but if I were you, instead of e-mailing the secretary general, I'd write them a handwritten letter for two reasons. 1) They're more likely to respond, and 2) they'll write back, and you'll have a hardcopy signed by him/her to show the judge should the need arise.

Just my 2 cents.

- Whirlwind

------------------
Revelation 13:9-10, "If any man have an ear, let him hear. He that leadeth into captivity shall go into captivity: he that killeth with the sword must be killed with the sword. Here is the patience and the faith of the saints."

[This message has been edited by Whirlwind (edited 10-22-2000).]
 
Hoodoo-
as long as you have "good intentions" you can carry any size FOLDER you want to, excluding autos. But if you tuck that tiny little La Griffe inside your shirt, you're committing a felony. a FELONY, for chrissakes.
-Paul
 
Originally posted by ptpalpha:
Hoodoo-
as long as you have "good intentions" you can carry any size FOLDER you want to, excluding autos. But if you tuck that tiny little La Griffe inside your shirt, you're committing a felony. a FELONY, for chrissakes.
-Paul
Click to expand...

The intent thing is not clearly understood here. Most knifeshops and LEOs will tell you there is a 3" limit, period, on concealed folders. Don't you just love vague laws?

Thanks for the tip on writing a letter. I suppose you are right.

There was a thread in the past where someone wrote a letter to the Michigan State Police, I believe. Anyone remember that thread? There was a fairly detailed reply.


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Hoodoo

I get some pleasure from finding a relentlessly peaceful use for a combative looking knife.
JKM
 
Hmmm... Yeah, I remember that thread. It's here: www.bladeforums.com/ubb/Forum11/HTML/000347.html Interesting stuff!

It seems like those "unlawful intent" type laws are usually just so they can charge you with an additional crime if you assault someone. They can't prove that you're carrying with unlawful intent unless you actually do something unlawful.
 
Would it be legal to carry my Whirlwind downtown, concealed?

[Edit: I already found the answer. Nevermind.]
smile.gif

------------------
Revelation 13:9-10, "If any man have an ear, let him hear. He that leadeth into captivity shall go into captivity: he that killeth with the sword must be killed with the sword. Here is the patience and the faith of the saints."

[This message has been edited by Whirlwind (edited 12-09-2000).]
 
OK. Some questions:

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.

1. This means that I can't carry a dagger, dirk, stiletto, etc. concealed, but is it also saying that I can't carry it off my property period?

2. And about vehicles, can I carry a 'dangerous weapon' in a vehicle if it isn't concealed? What if it's on my belt?

750.226a Pocket knife opened by mechanical device; unlawful sale or possession; persons exempted. [M.S.A. 28.423(1) ]
Sec. 226a. Any person who shall sell or offer to sell, or any person who shall have in his possession any knife having the appearance of a pocket knife , the blade or blades of which can be opened by the flick of a button, pressure on a handle or other mechanical contrivance shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not to exceed 1 year or by a fine of not to exceed $300.00, or both.

The provisions of this section shall not apply to any one-armed person carrying a knife on his person in connection with his living requirements.

3. Does anyone have any idea of whether or not there is a legal definition of pocket knife? Because, IMO, something like a HALO-III isn't my idea of 'having the appearance of a pocket knife'.

Thanks much.

BUSH! BUSH! BUSH! BUSH! BUSH! BUSH! BUSH!

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bc2000logo.gif


Amendment II
A well regulated Militia, being necessary to the security of a free State, the
right of the people to keep and bear Arms, shall not be infringed.

[This message has been edited by Whirlwind (edited 11-20-2000).]
 
Are tanto knives considered double endged?
What does do they mean by "...a hunting knife carried and adapted as such"?
If the legal size limit for a folder is 3", what (if any) is the legal limit on fixed blades, primarily those used on state/county lands for camping, hunting, etc.?
 
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