Question presented: How can individuals legally carry a rifle while biking in Michigan?
Answer: Biking with a rifle likely triggers the same legal requirements as carrying a rifle on foot. If biking individuals do not brandish their rifle, they are likely carrying it lawfully.
Law: MCL 750.227 penalizes improperly carrying a concealed pistol, not a rifle. MCL 750.227c and MCL 750.227d list the requirements for transporting or possessing loaded firearms in motor vehicles.
Analysis: There are several sub-issues at play here. First, it is important to note that Michigan law distinguishes between carrying a pistol and carrying a rifle. This means that individuals with valid concealed pistol licenses (CPLs) can still violate Michigan’s firearms transport laws if they improperly carry a rifle. It also means that individuals who improperly carry a rifle would not be properly charged with a five-year felony under Michigan’s carrying a concealed weapon law, MCL 750.227. It is more likely that those individuals would face misdemeanor charges under MCL 750.227c or MCL 750.227d.
The second sub-issue is whether or not a bicycle is a “vehicle propelled by mechanical means” as used in MCL 750.227c and MCL 750.227d. Definitionally, there is an argument that a bicycle is propelled by mechanical means. Strictly speaking, a bicycle is a machine. It uses the combination of its chain, wheels, and pedals as the mechanism that propels it. But a bicycle cannot pedal on its own. MCL 257.4 defines a bicycle as a “device propelled by human power.” This definition appears to exclude a bicycle from the definition in MCL 750.227c as the source of the propulsion is “human power” rather than “mechanical means.” Note this analysis likely does not apply to e-bikes and motorized bikes.
This leads us to the third sub-issue. If a bicycle is not a “vehicle propelled by mechanical means,” MCL750.227c and MCL 750.227d do not apply. Therefore, the closest analogy is carrying a rifle while walking. While there is no statute this writer is aware of that explicitly explains how to properly carry a rifle while walking or on a bicycle, Individuals carrying a rifle must be sure not to violate MCL 750.234e – the statute that prohibits brandishing a firearm in public. MCL 750.222(c) defines brandishing as “to point, wave about, or display in a threatening manner with the intent to induce fear in another person.”
Practical Application: This analysis points to the conclusion that non-brandishing individuals biking with a rifle are not breaking the law. Despite the legal support for this conclusion, the current climate around firearms may lead to difficulties for those biking with a rifle. For instance, a police officer without the proper training may believe that an individual biking with a rifle is carrying a concealed weapon, improperly transporting the firearm because they think a bicycle is a vehicle propelled by mechanical means, or that the individual is brandishing this weapon. Simply having the law on one’s side is not enough to protect against a police encounter. Even if the law proves to be on the carrier’s side, the carrier may spend time in jail while awaiting a prosecutor to deny charges. Worse yet, an incorrect prosecutor could charge the carrier without legal foundation. The carrier would then rely on a judge to understand the law and dismiss the case.
Recommendation: To avoid such difficulties, it is this writer’s recommendation that individuals biking with a rifle carry that rifle as if a bicycle was a motor vehicle as described in MCL 750.227c and MCL 750.227d. The blog post on carrying a rifle while riding a public bus describes how to comply with those statutes.