THE MICHIGAN PENAL CODE (EXCERPT)Originally Posted by STEELME
Act 328 of 1931
750.227 Concealed weapons; carrying; penalty.
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.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.227 ;-- Am. 1973, Act 206, Eff. Mar. 29, 1974 ;-- Am. 1986, Act 8, Eff. July 1, 1986
Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix punishment. People v Sturgis, 427 Mich 392; 397 NW2d 783 (1986).
So essentially, Michigan statute holds that ALL land in Michigan is off-limits for carrying a handgun openly OR concealed, unless you OWN the land in question.
Recent case-law has changed that, apparently; but you still have to wear a holster like Billy the frickin' Kid, while those with money and power get to play James Bond.
| |  |
I have been discussing open carry with many of my friends. CPL instructors continue to teach that open carry in Michigan violates the terms of having a CPL. I have searched the Michigan firearm laws looking for this law. I can not find anything that supports that legal position. I did not think that getting a CPL required giving up 2A rights.
Can anybody point me to the law indicating a CPL holder can not leagelly open carry.
This is my first post, be kind.
Repeatd from above:
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.227 Concealed weapons; carrying; penalty.
Sec. 227.
(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.
So if you poked your nose off your own property while carrying without a permission-slip from mommy-government (meaning you had CONNECTIONS), you'd be charged with a felony and jailed for up to 5 years-- even if someone was stalking you with machine-guns.
It's how those in power expercise special-rights over those WITHOUT it; clearly, all men are NOT created equal in Michigan, since the law discriminates based on circumstances other than conduct (and the US Supreme Court has pretty much pled ignorance with regard to the concept of "equal protection," i.e. they're stupid so we suffer..
Brad, Thank you for the response. If I read your post correctly the only possible part of the law that could apply is the last sentance. "shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license". Other than the restrictions we are all familure with (criminal safe zones). Is there a restriction that prohibits open carry if you have a CPL?
No, but you'll get carded by every cop with a chip on his shoulder-- i.e. ALL of them.
I don't know abou that; it was, in fact, a Detroit Police Officer that clued me into the OC Law and directed me to this site int he first place.
On a side note DPD has finally been authorized to carry Gold Dot ammo now; they are finally getting away from the dumb-dumb bullets they have been utilizing for a while now.
I have not had an LEO encounter yet. My open carry experiences have been limited to taking my coat off to eat in a restaurant.
I did go into the Farmington Hills Police Station to discuss open carry with the Duty Officer. He would not tell me how the departments officers would handle the situation. He did acknowledge they know it's legal. I found his statement that "someone will just take the gun from you" really stupid.
I remember how nervous I was when I first started concealed carry. I thought everybody could tell I was carrying a gun. The first time I removed my coat exposing my 1911 I thought I was going to crawl out of my skin. It does take a little getting used to.
It's the standard myth cops use in order to dissuade people from packing; the police always want a police-STATE, since they think that everyone but a cop is an idiot.
Good information, thanks for the post!!
That's great if you have a CPL.
Posting Permissions
LinkBack URL
About LinkBacks
