Thread: 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ruling that this law is unconstitutional, that I am aware of, was reversed on appeal in People v Finley in 1997 (in unpublished opinion no. 199871).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"?
IANAL IIRC there is no current case law in regards to brandishing. AFAIK, you would default to the Dictionary definition.
I needed a dictionary just to figure out what IANAL, AFAIK and IIRC mean. (I'm new here.)
Well, let me know if you hear of anyone arrested for "brandishing" while legitimately carrying a holstered weapon. Maybe I'll have to be the guy to take the case up.
There is a case going to Appeals court MOC, Inc vs CADL. They have asked the court to rule handgun OC is brandishing and that authorities are not preempted in regards to firearm laws.
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*The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.
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I believe that to be the case. Aqualung seems to be legislating from the bench.
But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Declaration of Independence July 4, 1776
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