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Thread: OC on ORVs

  1. #1
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    OC on ORVs

    Hello all, I wanted to show a some pics of my wife's quad that I have set up with a Side holster mount for her walther. My quad has a similar setup. We both recently got our cpls and do a lot of riding up north ( roscommon, ogemaw area.) I mainly wanted the CPL so we could carry openly like this, it just more convenient than storing them boxed on the back rack. Not to mention the fact that if you need it!

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    I do have a question concerning the castle doctrine. Often time we cut across snowmobile trails to reach different trail heads. You are not legally supposed to be on these trails, orv only or shoulder of county roads. If anything ever went down I probably would be off the quad on foot, then I suppose I would be allowed there legally. I dont think the ticket is tresspassing, but I worried about the legalitites of any self defense action while illegally being someplace I can't. (while riding quad? but on foot?)

    What do you guys think?

  2. #2
    Regular Member xmanhockey7's Avatar
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    You may lose your right to not have to retreat. IANAL
    780.972 Use of deadly force by individual not engaged in commission of crime; conditions.
    Sec. 2. (1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:
    (a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.
    (b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.
    (2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  3. #3
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    The self defense act only protects if not committing a crime.

  4. #4
    Michigan Moderator DrTodd's Avatar
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    Depends on what type of law this violation would fall under. If it is a Civil Infraction (CI), you may be covered under MCL, 780.972, as a CI is not a crime. If it is a misdemeanor/ felony, you most likely would not be covered under MCL780.972 ... but may be covered under the general self-defense common law.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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