Posted: 10/14/2006 7:32:01 PM EDT
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A "gun shop lawyer" (clerk) told me not long ago that while open carry was technically legal in MI, the "brandishing act" effectively prohibits open carry. Now, last time I checked, "brandish" means to display in a threatening manner, wave around, etc. I believe there is also an AG opinion on this from Granhold that ruled that someone merely carrying sidearm openly was not brandishing. So, here is what I would like to know: is it or is it not feasible to openly carry in MI? Does anyone do it? (Yes, I know that you would have to stow the weapon in the trunk of your car, since the moment you get in your sidearm is now "concealed") |
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You may not be arrested for brandishing but I'm sure you would be spoken too about it by the police. Too many people in this state would freak if they saw someone walking down the road carrying a gun. Did you ever have a neighboor call the cops because you were shooting? They allways seem to tell the cops that bullets are flying past them, their kids, their house etc. and you have to prove to the cops where your bullets ended up. If you open carry you run the risk of people telling the cops your waving it around, pointing it at people. I wouldn't want to deal with that crap. There are some states where open carry is just something they've allways done. No one gives you a second glance. I just don't see it going smooth today, in Michigan. |
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The ex-LEO who taught my CCW class said that OC is perfectly legal in MI, but you would likely be charged with disturbing the peace. LEO's are (for the most part) programmed to believe that they are the only ones that are allowed to have guns in public. If they have to break a few eggs and get sued over it, so be it. Dave |
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It's "technically legal" in Ohio too, but this isn't the south. Anyone have a link to the video and following threads where the guy in Ohio was arrested for open carry? The cops didn't really like it... he was in a gas station, didn't cover up his CCW piece (which has to be in plain sight when driving), and he got back in the car and left... someone called the cops saying "there's a man with a gun" or something, and they pulled him over guns drawn and arrested him. In the video, he argued with them for a good 20 minutes and I think they wanted to charge him with failing to notify the officers, which wouldn't have been too easy since he had to climb out the window of his car while being screamed at looking down the barrel of an AR-15. I'm not sure what happened to his case, but basically the same thing exists in Ohio, nothing says you can't do it, but then again, nothing says you can and the public isn't as conditioned to stuff like that around here. I don't have the balls, time or the money to press my luck on that one. |
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Its technicially legal, since it is neither allowed or prohibited in state law. Since it has no mention in state law, it does not fall under the terms of the firearms preemption law, meaning that local units of govt can pass laws prohibiting it. but you could still be brandishing i suppose, if you are carrying open on your hip, making verbal threats...... |
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"The People of the State of Michigan enact:" 123.1102 A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state. 123.1103 This act does not prohibit a local unit of government from doing either of the following: (a) Prohibiting or regulating conduct with a pistol or other firearm that is a criminal offense under state law. (b) ..... 123.1104 This act does not prohibit a city or a charter township from prohibiting the discharge of a pistol or other firearm within the jurisdiction of that city or charter township. http://www.legislature.mi.gov/(gmixq2a4bceou245e4tglc45)/mileg.aspx?page=getObject&objectName=mcl-123-1102 +++++++++++++++++++++++++++++++++++++++++ 750.234e (1) Except as provided in subsection (2), a person shall not knowingly brandish a firearm in public. (2) Subsection (1) does not apply to any of the following: (a) A peace officer lawfully performing his or her duties as a peace officer. (b) A person lawfully engaged in hunting. (c) A person lawfully engaged in target practice. (d) A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm. ...... http://www.legislature.mi.gov/(gmixq2a4bceou245e4tglc45)/mileg.aspx?page=getObject&objectName=mcl-750-234e |
Yes, thank you. So isn't the key the legal definition of "brandishing"? Does anyone have any specific examples of someone who was arrested for peacefully carrying an unconcealed handgun, and charged with "brandishing"? FYI, here is AG Granholm's opinion:
Someone who is not a "peace officer", who is carrying a holstered weapon in plain view is legally no more or less intitled to do so than a private citizen, correct? |
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Well I usually do not even try to answer something like this, as it is always a loaded question and every one has different sources for their info. And most LEOs including myself for over 30 years don't really know the changing laws. Every City, county, town, and village can be different. Only the prosecutor in the location that you are in can answer this question. But here goes. IN Michigan as far as I know. if there is not any, ordinances or regulations pertaining to, or regulating carry in any other manner. It would be legal. But as I said it will change with every different county, city, town, or village you go into. I have walked down the streets of some of the local towns up north with a hunting license on my back and a pistol on my side” open “ and not been bothered. But the next time it could be different. This is the part that will get you, You never know what the regulations Are They change all the time. IN Michigan if there is not any, ordinances or regulations pertaining to, or regulating carry in any other manner. It would be legal. Good Luck SM |
| I would love to open carry, CCW can be a pain in the ars sometimes, but almost everyone who sees you would say, "who does he think he is, Clint Eastwood?". Why would anyone want to open carry? I sometimes walk from my house to my Excursion, total of 10 feet with my Beretta Storm on my hip or in my shoulder rig. I just walk out there, grab whatever and walk right back in the house. That's all I would risk doing open carry. |
and this
does this mean that you can't carry in your car while in MI ? or do you have to uncover the pistol while in the vehical? I called the Mi State Police ccw help desk and they just told me about letting the oficer know that you are armed. I have my CCW here in TN and I will be visiting later this month . as far as open carry here in Tn ,we can carry however we want. our licence is just a permit to carry a loaded gun ,either hidden or open. and like for the BG to be suprised . |
not quite accurate. Michigan has a firearm preeemption statute, MCL 123.1102
several municipalities have tried, including Ferndale and Detroit, both were challanged and lost. eta - here's the ferndale case: Michigan Coalition of Responsible Gun Owners v City of Ferndale |