"Law Abiding Citizen"??? MI Open Carry Law
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Thread: "Law Abiding Citizen"??? MI Open Carry Law

  1. "Law Abiding Citizen"??? MI Open Carry Law

    How exactly is this defined?

  2.   
  3. Quote Originally Posted by noels73 View Post
    How exactly is this defined?
    Read everything here/link and it should answer your questions. BUT beware to distinguish between OC and CPL.

    CPL,s can OC in a vehicle where OC cannot. There are differences in no carry zones also and it does get complicated. General OC is being done by some and I must admit that at first I thought it was a sure way to get in trouble. But as a CPL I find the option interesting after all. But my area in west MI is not up to speed yet so Im still taking caution.

    http://miopencarry.org/Attachments/M...o_Pamphlet.PDF

  4. Quote Originally Posted by micpl View Post
    Read everything here/link and it should answer your questions. BUT beware to distinguish between OC and CPL.

    CPL,s can OC in a vehicle where OC cannot. There are differences in no carry zones also and it does get complicated. General OC is being done by some and I must admit that at first I thought it was a sure way to get in trouble. But as a CPL I find the option interesting after all. But my area in west MI is not up to speed yet so Im still taking caution.

    http://miopencarry.org/Attachments/M...o_Pamphlet.PDF

    Thanks for the response...I was reading the MCL that pertains to the Open Carry, and I was wondering how exactly "law abiding" citizen was defined in respect to the legality of OC?

  5. Quote Originally Posted by noels73 View Post
    Thanks for the response...I was reading the MCL that pertains to the Open Carry, and I was wondering how exactly "law abiding" citizen was defined in respect to the legality of OC?
    Noels, if I understand you correctly then you could not appy "law abiding" to someone who doesnt meet the statute, ie, a felon, sex offender, domestic violence etc. The MI law makes it explicit that those aforenamed CANNOT OC.

    Exactly then, what are you looking for?

  6. Quote Originally Posted by noels73 View Post
    How exactly is this defined?
    Anomalous Open Carry States open carry in these states are generally lawful, but the state itself may have other stiff restrictions to deter citizens from carry a firearm open. The laws in these states are very grey and could cause you a lot of problems if you go toting a gun around openly. The states that have a lot of grey area on open carry are Washington, Oregon, Nevada, California, Colorado, Missouri, Kansas, Louisiana , Mississippi, Alabama, North Carolina, Nebraska, Wisconsin, Michigan, Ohio, Pennsylvania, Maine, Delaware and New Hampshire. You shouldn't carry open firearms in these states just to avoid a charge of bringing terror to the people which only requires a citizen to see you carry open firearms and saying they are in fear. You will get charged.

  7. #6
    Quote Originally Posted by Yosimite sam View Post
    Anomalous Open Carry States open carry in these states are generally lawful, but the state itself may have other stiff restrictions to deter citizens from carry a firearm open. The laws in these states are very grey and could cause you a lot of problems if you go toting a gun around openly. The states that have a lot of grey area on open carry are Washington, Oregon, Nevada, California, Colorado, Missouri, Kansas, Louisiana , Mississippi, Alabama, North Carolina, Nebraska, Wisconsin, Michigan, Ohio, Pennsylvania, Maine, Delaware and New Hampshire. You shouldn't carry open firearms in these states just to avoid a charge of bringing terror to the people which only requires a citizen to see you carry open firearms and saying they are in fear. You will get charged.
    I disagree
    "The Core of An Officerís Ability to Detain A Person Who Openly Carries Mere Possession of a handgun in a non-exempted place is NOT PROBABLE CAUSE or REASONABLE SUSPICION of a crime. Unless a person who is openly carrying a handgun is engaged in activity which gives rise to a reasonable suspicion of criminal activity or probable cause, that person may not be detained by police. "

    "Carrying a handgun itself does not support disorderly conduct. Brandishing occurs only when the person is waving the firearm around in a threatening manner.

    Another personís fear of the mere presence of a firearm does not make an assault. Also, do not rely on the enforcement of a local ordinance to trump the Constitution. If a person who is openly carrying a handgun is committing a crime or is in a prohibited place, or if the owner/agent of the premises wants the individual to leave, then officers have a legal reason to engage a subject and enforce the law which may be in process of being violated. Otherwise, a person carrying openly is no different from any other person in the same environment."

    Lansing PD's memo on OC

  8. #7
    Quote Originally Posted by Yosimite sam View Post
    Anomalous Open Carry States open carry in these states are generally lawful, but the state itself may have other stiff restrictions to deter citizens from carry a firearm open. The laws in these states are very grey and could cause you a lot of problems if you go toting a gun around openly. The states that have a lot of grey area on open carry are Washington, Oregon, Nevada, California, Colorado, Missouri, Kansas, Louisiana , Mississippi, Alabama, North Carolina, Nebraska, Wisconsin, Michigan, Ohio, Pennsylvania, Maine, Delaware and New Hampshire. You shouldn't carry open firearms in these states just to avoid a charge of bringing terror to the people which only requires a citizen to see you carry open firearms and saying they are in fear. You will get charged.
    What in the world do you see as "grey" in the Oregon laws? We have next to no limitations regarding carry by CCP holders and only a few cities up in the Portland area with city restrictions on non license holders. The state preempts any restrictions with regrad to license holders.

    You badly misinterpret GATTOP, which requires a conscious act that would provoke fear in a normal person...and finding an Oregon jury (or even a judge or prosecutor) that would go for carrying a holstered weapon as such an act is as likely as winning the lottery. I don't believe I have ever heard of an Oregon GATTOP prosecution.

    Granted more of us CC than OC here (it's just so darn cheap and easy to get a permit) But the only few OC hassles I ever hear of are in that extreme NW corner of the state that is actually more a continuation of the Seattle-Tacoma Peoples' State than it is Oregon...



    By the way...back to the original question...if Law Abiding Citizen is not otherwise defined in the statute, I would think it would be anyone who could legally own a gun.

  9. #8
    Join Date
    May 2010
    Location
    Flint, Michigan
    Posts
    756
    Open carry is legal in Michigan, Yes, some officers love to harass individuals who OC, get on youtube and watch Kimberguy he has quite a few videos where he was harassed just because he was OCing. Some LEOs believe that just becasue your have a CPL, it means you give up your right to OC, which is NOT the case, it just means you have the option to CC or OC, both of which are legal, one with a permit, and OC w/o a CPL has restrictions, such as being in a vehicle w/o a CPL.
    Either way, be careful, and be prepared to deal with BS from "frightened civilians" MY question is, when was the last time they seen a BG OC a pistol in a holster while eating some french fries? Just be polite if youre ever confronted by an LEO, cooperate, and if they hold you for a period of time [not the PD] make a complaint with the PD and the AG do not let it go unchecked. OC is a choice, its a right.
    Michigan.gov has more info on OC and CC.
    Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier....One died for your soul; the other for your freedom.

  10. A "Law Abiding Citizen" in MI is one that is allowed by MI law to buy and carry a firearm.
    We actually do not have an open carry law of any kind. What makes open carry legal is no laws prohibiting it.

  11. #10
    Join Date
    Oct 2009
    Location
    Paw Paw, MI
    Posts
    126
    FIRST AND FOREMOST, DON'T TAKE YOSEMITE SAM'S WORD FOR IT... it's inaccurate. I can't speak for many of the states he mentioned but I can positively speak for Michigan. Michigan isn't so gray. His statement of "you will get charged" is completely bogus. Myself and countless others have been regularly OCing in Michigan without incident. There are plenty of ways to get arrested and/or charged while OCing but OCing in itself, when "done properly", won't bring you any trouble. OC in Michigan in the past year has grown by leaps and bounds and has cleared many hurdles. It wasn't long ago that OC would undoubtedly bring you trouble but not today. When OCing it's still better to be knowledgable of relevent laws and know how to cover your arse but the whole OC issue has gotten so much attention and coverage in the past year that it's become increasingly rare to have a LEO encounter for merely OCing. Where there used to be much "gray" in Michigan firearm legislature, the open carry movement has essentially demanded clarity and has recieved it. There's still some gray in regards to CPL holders carrying openly in PFZs, but otherwise, it's all become pretty cut-and-dried.
    Don't do anything you wouldn't want to explain to the paramedics...

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