Draco Pistol Legalities

[Guest Korey5640]

Hello,

I live in Michigan but as of last week, my grandfather purchased a condo in Florida. I know Tennessee has reciprocity with my Michigan Concealed Pistol License (CPL) and did enjoy that when I went down to FL look for condos with my Glock 27. However, as of late I purchased a Draco (AK) Pistol.

I know here in Michigan it is registered as a pistol, and I am able to legally carry it, loaded, concealed (which in Michigan includes just being in a vehicle). I have carried it before around Michigan, and was curious if it would be legal to have loaded in a vehicle down there.

For reference: 7.62x39, 22" OAL, 11" barrel, standard 30 round mags, no stock of any kind, no foregrip either.

Thanks!

[Mike]

Still a pistol.

Mike

[Oh Shoot]

Hello,

I live in Michigan but as of last week, my grandfather purchased a condo in Florida. I know Tennessee has reciprocity with my Michigan Concealed Pistol License (CPL) and did enjoy that when I went down to FL look for condos with my Glock 27. However, as of late I purchased a Draco (AK) Pistol.

I know here in Michigan it is registered as a pistol, and I am able to legally carry it, loaded, concealed (which in Michigan includes just being in a vehicle). I have carried it before around Michigan, and was curious if it would be legal to have loaded in a vehicle down there.

For reference: 7.62x39, 22" OAL, 11" barrel, standard 30 round mags, no stock of any kind, no foregrip either.

Thanks!

Yes legal here as handgun.

But even though legal, I wouldn't strap it on and go toddling around town here, unless you like lots of attention.

- OS

[Punisher84]

oh no...not again.

[Guest Korey5640]

Yes legal here as handgun.

But even though legal, I wouldn't strap it on and go toddling around town here, unless you like lots of attention.

- OS

Thanks, and no, not planning to "strap it on" its more of an occasional truck gun when I go north of my location and into Northern Michigan...just wondering if I stash it in a bag under the backseat if I would be legal.

Thanks again.

[Oh Shoot]

Thanks, and no, not planning to "strap it on" its more of an occasional truck gun when I go north of my location and into Northern Michigan...just wondering if I stash it in a bag under the backseat if I would be legal.

Thanks again.

Yep.

As a pistol, it can be loaded, one in chamber, with your MI permit.

Also, permit holders can keep long guns in vehicle, with loaded mags or tube in weapon but not with one in chamber.

- OS

[robbiev]

But even though legal, I wouldn't strap it on and go toddling around town here, unless you like lots of attention.

- OS

Surely, nobody would do that, would they?

[Oh Shoot]

oh no...not again.

Surely, nobody would do that, would they?

I actually quickly edited by first post, as had mentioned the obvious, so yeaaaNO.

- OS

[mikegideon]

I actually quickly edited by first post, as had mentioned the obvious, so yeaaaNO.

- OS

You could have started your post with, "There was this idiot..."

[Guest Korey5640]

Thanks for the replies. And yeah, we have the same folk around here that believe because something is legal, it is a good idea...I am NOT one of them, lol.

I do use common sense when it comes to guns and do not intend to rock the boat, especially in another state where I am a guest. Rest assured you won't here of this Michigan resident doing something like that while passing through.

[Steelharp]

I do use common sense when it comes to guns and do not intend to rock the boat

Must be... slower than... somebody, then...

[DaveTN]

It’s a handgun, but if you have an incident you always run the risk of having problems with those involved not knowing the law.

One person has lost his HCP over it and several other dumb azz acts.

I bought a PLR-16 to throw in the trunk prior to Tennessee allowing us (HCP holders) to carry rifles. Even though I can legally carry it as a handgun I would expect it to end with way more drama than I like if I did it.

Now I can just throw the .308 Panther in the trunk.

[Guest Korey5640]

After reading the Voldemort saga all over the internet, I now understand why I may have started some heads shaking with this question and thread. Again, not trying to rock the boat, and I can clearly see why the strapping it on and going around town comments were made, lol. It will probably be left at home anyhow, was just looking to see if it was legal for the roadtrip to FL and back to MI.

I see that it is, but I can't see a need, and it seems it would only open myself up to more problems then its worth. Suppose it will be left at home and stay my MI truck gun and range toy.

[knoxrocks222]

some ass hat used to run around nashville with one, im not sure if he still does

[Garufa]

I see that it is, but I can't see a need, and it seems it would only open myself up to more problems then its worth. Suppose it will be left at home and stay my MI truck gun and range toy.

You just gave yourself better advice than anyone else could.

Ditch the novelty and carry a proper handgun.

[vontar]

You just gave yourself better advice than anyone else could.

Ditch the novelty and carry a proper handgun.

agreed. I saw the title of this thread and I had to give it a quick read.

[Smith]

Might also add that the legality question of what is a handgun is defined on the federal level not the state. The state defines where and how which type of weapon can be carried.

[DaveTN]

Might also add that the legality question of what is a handgun is defined on the federal level not the state. The state defines where and how which type of weapon can be carried.

I don’t think that is right. Tennessee law defines barrel length for a handgun.

You have Federal Law and State law; it just depends on who is charging you and why.

[Smith]

I don’t think that is right. Tennessee law defines barrel length for a handgun.

You have Federal Law and State law; it just depends on who is charging you and why.

What are you referring to? BATF defines guns and categories not the state IIRC.

[Mike.357]

you can even OC it in state parks around here.

[Oh Shoot]

What are you referring to? BATF defines guns and categories not the state IIRC.

TCA 39-11-106: (1) “Handgun” means any firearm with a barrel length of less than twelve inches (12²) that is designed, made or adapted to be fired with one (1) hand;"

Dunno if that is anything more than a "working definition" for the statutes, though, meaning, there doesn't seem to be an illegal act to have a 13" barreled weapon made to be fired with one hand, or whatever.

- OS

Edited January 10, 2011 by OhShoot

[tnhawk]

Must be... slower than... somebody, then...

Probably...smarter than somebody, then...

[MikePapa1]

Yes legal here as handgun.

- OS

There is some dispute on that, O. Clearly the ATF considers it a pistol, but our DA has his doubts. There is a case pending before the Criminal Court of Appeals, from Sumner County, on that issue. I think the CCA will defer to the ATF's definition, but I'm not certain of that. We should know by midyear.

Edited January 10, 2011 by MikePapa1

[JayC]

There is some dispute on that, O. Clearly the ATF considers it a pistol, but our DA has his doubts. There is a case pending before the Criminal Court of Appeals, from Sumner County, on that issue. I think the CCA will deffer to the ATF's definition, but I'm opt certain of that. We should know by midyear.

How far along is the case? Are there any filings for us laypersons to read yet to get some insight into how a DA thinks a draco isn't a handgun?

[Oh Shoot]

How far along is the case? Are there any filings for us laypersons to read yet to get some insight into how a DA thinks a draco isn't a handgun?

And more, what is the criminal charge that is being appealed?

- OS