Open carry legal in Michigan - Page 10
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Thread: Open carry legal in Michigan

  1. Open Carry with CPL

    Thanks to the info that I have received here, I now have answers to questions that I have had about open carry since I received my CPL. I've learned a lot in just the past hour or so. Thanks for the information. I did have a police officer that gave me my course for CPL, mention in the class that he would give a person some harassment if he was seen doing "open carry". Glad to know that this is legal. The officer is a friend of mine, so I wasn't all that concerned.

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  3. #92
    Join Date
    Nov 2010
    Location
    Arizona
    Posts
    42
    Wow, I am actually stunned. I lived in Michigan (outside Flint in Davison) for four years while going to high school. Being from Arizona, I found MI gun laws extremely restrictive and draconian. It seems things have lightened considerably. Good for you all.

    I remember being run thorugh the ringer by Flint PD while on vacation visiting my granparents and carrying concealed (pulled over and notified officer).

    I showed him my badge (yes cop), my AZ CCW which I got though I was a cop to avoid the Brady Bill hassles even for LE, and all my papers (license, insurance, registration was kosher).

    You'd have thought I was LH Oswald or some other notorious feller.

    Good for you all!

  4. #93
    Join Date
    Jul 2008
    Location
    Belleville, MI & Phoenix, AZ
    Posts
    87
    Good work ..... thanks.

  5. lets say your 19 and you have had a prior misdemeanor for possession in your past but it was expunged, can you still open carry?

  6. Any thoughts on how to transition from concealed to open carry. When carrying concealed you are to keep your pistol concealed at all times, failure to do so opens you up to "brandishing" or violation of concealed carry law. For example, you have a cpl and are carrying open while shopping, you go to your car and since you have a cpl you get in and drive to another store exit your vehicle carrying your pistol in plain view. Legal or do you have choose and carry either open or concealed?

  7. Quote Originally Posted by winston692 View Post
    Any thoughts on how to transition from concealed to open carry. When carrying concealed you are to keep your pistol concealed at all times, failure to do so opens you up to "brandishing" or violation of concealed carry law. For example, you have a cpl and are carrying open while shopping, you go to your car and since you have a cpl you get in and drive to another store exit your vehicle carrying your pistol in plain view. Legal or do you have choose and carry either open or concealed?
    In Michigan since Open Carry is legal (with a few exceptions), and since concealed carry is legal with a permit (with a few exceptions), and since under Michigan's convoluted laws Open carry by CPL holders is legal in "pistol free zones" it would be very difficult for "brandishing" laws to be applied.

    In an attorney genearal opinion former governor Jennifer Granholm stated that brandishing required actually using the pistol in a threatening manner not simply carrying it.
    AG Opinion on Brandishing

    The circumstances in your question are different. Per the current understanding of Michigan law, carrying a pistol openly on your person in a motor vehicle (including motorcycles) constitutes concealed carry and requires a permit. You therefore are legally open carrying at store one, carry concealed while traveling in your car to store two. Then when you exit your vehicle you are once again legally carrying a firearm in the open. No issues.

    Prior to transitioning to Open Carry, I strongly suggest you familiarize yourself with the laws and opinions surrounding it. Here are a couple of websites with resources to get you started:

    Michigan Open Carry, Inc. | Nothing to hide!
    OpenCarry.org - State Information For Michigan

    If I may also humbly request you familiarize yourself with the laws surrounding concealed carry as well. Your question reflects a very common misconception. If you are going to carry a firearm in public it is your responsibility to know the laws. A misconception such as stated above is relatively harmless. What should concern you are misconceptions you may have which could get you in trouble.

  8. #97
    how long has mi been open carry st

  9. Here's the problem

    The Michigan law against concealed-carry, is based on the claim that if you have a concealed gun then you MIGHT get into a fistfight, and then pull your concealed handgun out and shoot the other guy, and so the law says that he has the right to know if you're packing.
    That's a violation of basic presumption of innocence, which goes back to the MAGNA CARTA as well as the Constitution.

    Likewise, the requirement to carry a gun in plain sight, violates the federal right of Privacy, which is the right "to be free from public scrutiny." In other words, as long as you are not otherwise carrying something illegal, then the government has no right to know-- nor does anyone else.

    Since the state law says you can carry openly, then by extension the federal right of privacy says you can carry discreetly as well, via the federal Constitution's Supremacy clause.

    Finally, Michgan's CCW law won't issue a permit if you have "been diagnosed with a mental illness," which the law defines as "any condition which prevents dealing with everyday life," even though there's no evidence of being an increased danger to anyone, whether yourself or others.
    This violates the 14th Amendment right to equal protection of the laws, as well as the Americans with Disabilities Act.

    So this law is thrice unconstitutional; but the state has been doing it for 75 years since the law was passed in 1937.

    We rally need to take this to federal court and have it overturned.
    If anyone is interested, I can write up the case since I've had legal training.

  10. Quote Originally Posted by Danny View Post
    lets say your 19 and you have had a prior misdemeanor for possession in your past but it was expunged, can you still open carry?
    As long as you're not a felon or on probation or parole, then yes, you can; it's a RIGHT not a privilege.

  11. Quote Originally Posted by Doc Mustang View Post
    In Michigan since Open Carry is legal (with a few exceptions), and since concealed carry is legal with a permit (with a few exceptions), and since under Michigan's convoluted laws Open carry by CPL holders is legal in "pistol free zones" it would be very difficult for "brandishing" laws to be applied.
    Not only that, but here we see that open-carry is a RIGHT, and therefore it cannot be compromised, unless the privilege of carrying concealed somehow materially conflicts with it-- like drinking and driving, i.e. you have the right to drink and the privilege to drive, but the first materially conflicts with the second so you can't drink AND drive at the same time.
    Here, the right of carrying your firearm openly does not in any way conflict with carrying it concealed, so it's poppycock to say that a CCW disallows you from carrying openly.

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