MI CCW Question

S

sparkysteve

New member
This might be a long shot, but I was wondering if anyone can help me out here. I am looking into aquiring a Michigan CCW permit. However last year, while hunting in Wyoming, I got a trespassing citation. It was an honest mistake, but a mistake nonetheless. I wandered over an unmarked property line and off the ranch we were leasing. Completely my fault. This is considered a misdemeanor in the state of Wyoming. I was wondering if will prevent me from getting a CCW in Michigan. I researched The state of Michigan's webside and found this:

Has not been convicted of one of the following misdemeanors in the 8 years immediately preceding the date of application:

Section 115 of the Michigan penal code, 1931 PA 328, MCL 750.115 (entering without breaking).

A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described in subparagraphs (i) to (xlv).

http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10926--,00.html
Click to expand...

Entering without breaking is the only thing remotely close to tresspassing that I could find on the list. I'd just like to find out before I take a $130 class, pay the $105 application fee, and the $15 fingerprint fee.

I also found at my County website:

The process for obtaining a concealed pistol permit starts by obtaining an informational packet from any police department or at the Kent County Clerks Office, 300 Monroe, Grand Rapids, Michigan. Read over the materials carefully to make sure you have completed the necessary paperwork. Your first stop will be at the Kent County Clerks Office where you’ll need to pay $105.00. This fee includes the cost for fingerprinting.

The clerk assigned to CPL permits will then start a very thorough background check. After the background check is completed the CPL packet goes to the Gun Board for approval. This entire process can take one month or more to complete.

http://www.accesskent.com/CourtsAndLawEnforcement/SheriffsDepartment/sheriff_rec_gun.htm
Click to expand...

So it sounds like they have my money before the background check.

If anyone with a better understanding of this legal stuff can help me out, that would be great.
 
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try calling the the state police or county gun board i just got mine in Wayne county about 2 months ago good luck!!!:D
 
I am not a lawyer, but how could they hold against you a violation committed in Wyoming, when this is Michigan you are talking about, and the statute you quoted says that within the past 8 years you have not committed a Michigan misdemeanor?

Am I missing something?

(edit: Aww, crap, YES I was missing something: the rest of the post! Sorry, I hadn't noticed the part about "laws of any state corresponding to this part"...)


I wish you luck. I hope you are able to get the license.

And for what it's worth, why are you bashing yourself so hard for what you said was crossing an unmarked property line?! How were you supposed to know?!

By the way, who busted you? Was there an arrest, or just a citation? Did a landowner call the cops, or F&G/DEC, on you?



-azurefly
 
From the Michigan State Police Website:

A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described in subparagraphs (i) to (xlv).
Click to expand...

It doesn't matter where it happened I guess.
 
I really hate to suggest that you may have to wait another 7 years to get your license, dude...

Is there any way you can get that thing removed from your record?


-azurefly
 
To answer azurefly's question. It's a long story. I sat all morning (about 80 yards off the ranch we were leasing). I shot a mule deer about 10 am. I called my dad on the radio and he came over to where I was. We tagged it, took some pictures, gutted it, and dragged it up a hill to a truck accesible location. We then walked to get the truck to pick up my buck. When we returned and pulled up I found my .30-06, my backpack containing my binocs, GPS, rangefinder, camera, knife and my dad's camcorder missing. I felt sick. :barf: Just then, I caught a glimpse of a 4-wheeler cresting a hill about 600 yards away. I thought I just lost all my hunting stuff. I also noticed that the tag was cut off my deer. I didn't dare move the deer so I called the Wyoming Fish & Game Dept. They already knew about the incident. The rancher had taken my stuff and called Fish & Game. I then gave them my side of the story. They said to leave the deer and that they would meet me at our hotel that night and return the deer and my stuff. The very friendly Conservation Officer came to our hotel and gave me my stuff and my deer. It had all been taken care of well. He said he met with the landowner and asked him not to press charges. He did. I guess he had been having a problem with poachers and wanted someone to pay. I did. $200. The Conservation Officer was pretty cool about it. He said that the landowner could have handled the situation better, and he understood the mistake, but had to give me a ticket. He also told me, because of a multi-state compact, I couldn't buy a Mich. hunting licsense until my Wyo. ticket was paid.

Also my map was an 8.5" x 11" topo map with hand drawn yellow highlighter property lines on it.

Other than our run-in with the law the trip was great. 6 guys shot 6 bucks by lunch on the third day.
 
Explain the situation to the issuing authority. That's better than having non-lawyers "guess" on the internet. :) I didn't see anything that would apply to your trespassing charge, but, then, I'm not a lawyer and am not offering legal advice, either.
 
I'm no lawyer, and I don't play one on TV, and I didn't stay at a Holiday Inn last night, but isn't a trespassing citation a summary offense? If so, that is at least one layer below the misdemeanor unlawful entry without breaking...

some food for thought.
 
I think I just have to call the County Sheriff or State Police office when I have time to sit on hold between 9 and 5 on a weekday. Hopefully they can answer my question before I submit an application and $100.

A good friend of mine couldn't get his CCW in Michigan because he got a ticket for operating a jet-ski after legal hours. By about 5 minures. They have some funny laws here about the whole CCW thing.
 
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