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Thread: Open carry legal in Michigan

  1. #41
    First, I am not an attorney, Like in real estate, Always seek assistance from a qualified attorney.


    Quote Originally Posted by MIDN_Karl View Post
    This information is really quite helpful and Its not that I dont trust you all but does anyone know if there is a link to the actual legal documents I just want look this up for myself I'm kinda cautious like that.
    Check this pages:
    http://www.legislature.mi.gov/docume...s/firearms.pdf

    A plain reading of section 5o(1) of the Concealed Pistol Licensing Act discloses, however, that its prohibition applies only to
    the carrying of pistols that are “concealed.” A holstered pistol carried openly and in plain view is not “concealed” and therefore
    does not violate the prohibition contained in that section. See, e.g., OAG, 1951-1952, No 1388, p 228 (April 18, 1951) (“Should
    they be so directed by their superior officers, auxiliary police while on duty may carry weapons openly, the prohibition in the


    Penal Code applying only to ‘concealed’ weapons.”), Cf.,
    People v Johnnie W. Jones, 12 Mich App 293, 296; 162 NW2d 847


    (1968); and


    People v Kincade, 61 Mich App 498, 502; 233 NW2d 54 (1975).
    Semper Fi

  2.   
  3. Quote Originally Posted by noname View Post
    Hey ya'll sorry to dig up an old thread but I just found out that open carry was legal in MI and there's one point that confuses me, which I can't seem to find much information about.

    The law says:


    So what I'm confused about is them listing out what 'lawful purpose' is. Open carry is fully 'lawful' as far as I'm concerned. How am I supposed to transport a pistol that I intend to open carry?
    In the trunk of your car.

    Otherwise if you're walking around with it, and the police say "where are you going with that?"
    Just say "am I being detained?"

    If they say "no," then just walk away.

    But if they say "yes," then say "then I won't say anything until I talk to my lawyer" and then don't say ANOTHER WORD.

    Police are allowed to ask questions, but you do NOT have to answer-- and if they are not detaining you, you are free to go at any time.

    They also can't detain or arrest you without witness of a misdemeanor or reasonable suspicion of a felony.

    If you get arrested, then just tell the lawyer the truth, and the police won't be able to prove that they had reasonable suspicion to arrest you, since they didn't know where you were going with it. It's not enough that you were guilty-- they had to have the right to arrest you in the first place: they can't go around playing "Russian Roulette" by arresting people on a whim, and have the charges stick when they just happen to be right.

    Of course, this is the whole PROBLEM with open carry laws-- i.e. they expose you to PUBLIC SCRUTINY, which is violates PRIVACY LAWS under the 9th Amendment.

    And of course nobody can afford to spend a million dollars to fight it in court, especially if they're disabled; so the poor and weak suffer by getting attacked by criminals or arrested and harassed by cops; meanwhile the rich and powerful get what ever they want, and they don't even get arrested or jailed when they break the law.

  4. #43
    I'm new here....very informative......thanks!

  5. Quote Originally Posted by venator View Post
    Here is the info we handout to those that want to learn more about open carry in Michigan. A CPL holder can both carry concealed or openly. Check out the infomation below.

    YOU CAN OPENLY CARRY A HANDGUN IN MICHIGAN*

    1) Any law abiding citizen of the State of Michigan who owns a safety inspected handgun may openly carry (in a holster) said firearm in all places not explicitly exempt by law with or without a CPL. Private property rules over-ride state law in regards to firearm possession.
    And PRIVACY laws override state laws as well, therefore you should not need a CPL to carry concealed, since this law exposes a person to public scrutiny with regard to carrying a gun.

  6. Another point:

    Quote Originally Posted by noname View Post
    Hey ya'll sorry to dig up an old thread but I just found out that open carry was legal in MI and there's one point that confuses me, which I can't seem to find much information about.

    The law says:
    A person is now permitted to transport a pistol for a lawful purpose if the owner or occupant of the vehicle is the registered owner of the firearm and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, the pistol may be in the passenger compartment of the vehicle unloaded and inaccessible to the occupants of the vehicle.

    A 'lawful purpose' includes:

    * While en route to or from a hunting or target shooting area.
    * While transporting a pistol to or from home or place of business and a place of repair.
    * While moving goods from one place of residence or business to another place of residence or business.
    * While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol.
    * While en route to or from home or place of business to a gun show or place of purchase or sale.
    * While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted.
    *While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance.
    So what I'm confused about is them listing out what 'lawful purpose' is. Open carry is fully 'lawful' as far as I'm concerned. How am I supposed to transport a pistol that I intend to open carry?
    Here, we see how the law tends to (or TRIES to) confuse, via use of wording.

    A "lawful purpose," is by definition, any purpose that isn't expressly prohibited by any law.

    Here, the law says "A 'lawful purpose' includes:", as if it's LIMITED to these; however in fact "includes" does NOT mean anything of the kind. In reality, it just means "a person cannot transport a pistol for the purpose of committing a crime."
    That's IT.
    So if a cop asks you ANYTHING about it, just respond "are you detaining me?"
    Then if the answer is "no" just walk away, and if the answer is "yes" then tell them you'll speak only to your lawyer.

  7. #46
    Quote Originally Posted by venator View Post
    You can't carry concealed in those places, but if you have a CPL you can carry openly in these places. Remember most of these places are private and they can ask you to leave if you are openly carrying.
    So is there any place a person can not open carry.. without getting prior permission as needed?
    and a bank is a no carry zone for those who carry concealed?

  8. #47
    Quote Originally Posted by STEELME View Post
    So is there any place a person can not open carry.. without getting prior permission as needed?
    and a bank is a no carry zone for those who carry concealed?
    A bank is a no pistol zone; concealed or otherwise. There are a few places in MI that you can not carry; open or concealed unless you hold a Professional Investigators License. A church is a pistol free zone unless you have the permission of the church. Other ares that are pistol free zones include schools; unless you sitting in your car while picking up ro droping off a student, bars, sporting arenas.

    The CCW laws here seem to stumble backa dn forth across the line. You cant carry a concealed pistol if you dont have a CCW-CPL but ont he other hand you can carry it openly with out a CCW-CPL so long as it is in plain view and in a holster.

    For istance; say you are walking through Hartz Plaza with a openly carried pistol the police can not ask you for your name, id or ccw-cpl and if asked you are not required to reply. Though I suggest always comply when challanged by an officer. Failure to do so can go very bad; especially here in Detroit. THough most of the Officers are aware of the open carry law they will still challange you.

  9. #48
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    Quote Originally Posted by bailenforcer View Post
    A bank is a no pistol zone; concealed or otherwise. There are a few places in MI that you can not carry; open or concealed unless you hold a Professional Investigators License. A church is a pistol free zone unless you have the permission of the church. Other ares that are pistol free zones include schools; unless you sitting in your car while picking up ro droping off a student, bars, sporting arenas.

    The CCW laws here seem to stumble backa dn forth across the line. You cant carry a concealed pistol if you dont have a CCW-CPL but ont he other hand you can carry it openly with out a CCW-CPL so long as it is in plain view and in a holster.

    For istance; say you are walking through Hartz Plaza with a openly carried pistol the police can not ask you for your name, id or ccw-cpl and if asked you are not required to reply. Though I suggest always comply when challanged by an officer. Failure to do so can go very bad; especially here in Detroit. THough most of the Officers are aware of the open carry law they will still challange you.
    Once told to me by an Police Official that will remain nameless, and I am no way condoning anyone breaking the law... "Concealed means concealed, if you do not need it then no one will know you have it but if you do It's better to be judged by 12 than carried by 6"

    n yea we need to put forth more effort to remove the criminal empowerment zones (CEZ), and have made some progress but need to push harder, so in short call your Representative and make it so...
    "The sword dose not cause the murder, and the maker of the sword dose not bear sin" Rabbi Solomon ben Isaac 11th century
    "Don't be so open minded that your brains fall out!" Father John Corapi.

  10. Quote Originally Posted by Sheldon View Post
    Once told to me by an Police Official that will remain nameless, and I am no way condoning anyone breaking the law... "Concealed means concealed, if you do not need it then no one will know you have it but if you do It's better to be judged by 12 than carried by 6"

    n yea we need to put forth more effort to remove the criminal empowerment zones (CEZ), and have made some progress but need to push harder, so in short call your Representative and make it so...
    Good call on the CEZ's-- legislators are IDIOTS,thinking what cold-blooded criminals are going to check their guns at the bank door or school border!
    (Or so it would SEEM-- in reality, NOBODY can be that stupid, and they just want to force people to trade liberty for security).

    Also, forget Congress-- contrary to popular belief, congress does not exist to PROTECT your rights.
    We need a FEDERAL LAWSUIT against CCW requirements, since that's an INVASION OF PRIVACY under federal law!

    There's a serious policy-conspiracy going on in America: gun-crimes are being lightly punished and plea-bargained, while innocent people are being disarmed.
    Likewise, lawyers don't want to address this insane policy, since it doesn't pay; while judges are politicians first.

    LOGICALLY, you'd deal with gun-crimes, by simply making the criminal DISAPPEAR forever-- like 10-to-life for armed robbery.

    However, now they have the "brilliant idea" of simply passing laws against GUNS THEMSELVES, while letting the CRIMINALS off easy-- i.e. "one with gun, gets you 2."

    Not 20, not life-- 2.

    And so gun-crimes run rampant, and the idiot-voters accept laws against GUNS, trading liberty for security.

  11. #50
    Quote Originally Posted by bailenforcer View Post
    A bank is a no pistol zone; concealed or otherwise. There are a few places in MI that you can not carry; open or concealed unless you hold a Professional Investigators License. A church is a pistol free zone unless you have the permission of the church. Other ares that are pistol free zones include schools; unless you sitting in your car while picking up ro droping off a student, bars, sporting arenas.

    The CCW laws here seem to stumble backa dn forth across the line. You cant carry a concealed pistol if you dont have a CCW-CPL but ont he other hand you can carry it openly with out a CCW-CPL so long as it is in plain view and in a holster.

    For istance; say you are walking through Hartz Plaza with a openly carried pistol the police can not ask you for your name, id or ccw-cpl and if asked you are not required to reply. Though I suggest always comply when challanged by an officer. Failure to do so can go very bad; especially here in Detroit. THough most of the Officers are aware of the open carry law they will still challange you.
    So anywhere u cannot carry concealed is a pistol free sone wether one carrys concealed or open carry. What make a bank a no carry zone? they are not governmently owned (there are a few), most are publicly owned.. just curious if anyone could give me specifics on that..

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