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Thread: Michigan Attorneys

  1. #1
    Regular Member
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    Jun 2012
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    Michigan Attorneys

    I am an attorney, and gun owner, based in Michigan's Upper Peninsula. I am looking to link up with other attorneys who have an interest in firearms law.

    I am currently researching our state constitutional right to bear arms (Mich Const Art.1, Sec. 6) as it relates to the prohibition against "brandishing" firearms. (MCL 750.234e) There seems to be very little case law in these regards. I know the statue has been constitutionally challenged for vagueness, but the one lower court ruling that this law is unconstitutional, that I am aware of, was reversed on appeal in People v Finley in 1997 (in unpublished opinion no. 199871).

    AG Opinion #7101 issued on 2002 seems to offer some guidance, but is ostensibly limited to "peace officers" carrying while off duty.

    Given the uncertainty about what constitutes brandishing (as evidenced by the stories of unnecessary confrontations with police found in these forums), it seems clarification is in order. Does anyone know of any pending cases either challenging the constitutionality of MCL 750.234e or further clarifying what it means to "brandish"?

    Thank you.

  2. #2
    Herr Heckler Koch
    Guest
    Quote Originally Posted by Evan View Post
    I am an attorney, and gun owner, based in Michigan's Upper Peninsula. I am looking to link up with other attorneys who have an interest in firearms law.

    I am currently researching our state constitutional right to bear arms (Mich Const Art.1, Sec. 6) as it relates to the prohibition against "brandishing" firearms. (MCL 750.234e) There seems to be very little case law in these regards. I know the statue has been constitutionally challenged for vagueness, but the one lower court ruling that this law is unconstitutional, that I am aware of, was reversed on appeal in People v Finley in 1997 (in unpublished opinion no. 199871).

    AG Opinion #7101 issued on 2002 seems to offer some guidance, but is ostensibly limited to "peace officers" carrying while off duty.

    Given the uncertainty about what constitutes brandishing (as evidenced by the stories of unnecessary confrontations with police found in these forums), it seems clarification is in order. Does anyone know of any pending cases either challenging the constitutionality of MCL 750.234e or further clarifying what it means to "brandish"?

    Thank you.
    Welcome to OCDO. I look forward to your posts.

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