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Open carrying confused....

Bubba72

Regular Member
Joined
Aug 13, 2012
Messages
17
Location
Romulus, Michigan
Hello,

I'm new to this site and have not a story but a question.

Michigan is an open carry state, but what all entails to open carry?

I've been told 2 different things, 1. you can carry with 1 in the chamber, 2. you can carry without 1 one the chamber.....
Not sure which is true, i don't have a cpl yet, i need to take the class and get one, but in the meantime i just want to play it safe and figure whats true and whats false so i don't get a ticket or jail. Doaes anyone know a site where i can get the actual oc law? i've recently decided to oc for in my neighborhood in the past couple of months and the most recent attack just this past saturday night, and me and my wife walk 2 miles a day through our sub and and i want to cover my rights and the correct law reading so i can oc for my wife and i to walk safely.....and yes the attacks have put civilian in the hospital for a couple of days.

Thanks, any and all information is welcomed and needed....
 

Maine Expat

Regular Member
Joined
Jun 29, 2012
Messages
235
Location
Ukraine & Bangor Maine
Well the default answer is always; Check your State laws first. If you scroll down the main forum page you'll find the MI State forum that may have more specific info for you.

Someone will be along shortly with better and more current info than I can give you.

In the meantime;

If OC is legal in your State (and I think it is in Meatchicken) then it doesn't matter how you choose to load (or unload) your firearm. 1 in the pipe or not is up to you. Opinions will vary on this, but the general feeling though, is that an empty chamber is useless, but do what you feel comfortable with and can still handle any unforeseen events.

Carry safe &
Go Bucks!
 

Bubba72

Regular Member
Joined
Aug 13, 2012
Messages
17
Location
Romulus, Michigan
Thanks Maine....

I thought i did post it in MICHIGAN....lol
at least thats where it's showing up at, guess i'll wait and see if i get some locals to chime in on it. And i agree.....an empty chamber is useless, but the law is the law and thats why i need to find out about it, because i'm sure a "bad guy" doesn't have an empty chamber and the the difference between life and death is a mere miliseconds...
 

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
If you don't have one in the chamber, you may as well have a club. Carry with one in the chamber -- always.

There is no law against it.
 

Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
Hello,

I'm new to this site and have not a story but a question.

Michigan is an open carry state, but what all entails to open carry?

I've been told 2 different things, 1. you can carry with 1 in the chamber, 2. you can carry without 1 one the chamber.....
Not sure which is true, i don't have a cpl yet, i need to take the class and get one, but in the meantime i just want to play it safe and figure whats true and whats false so i don't get a ticket or jail. Doaes anyone know a site where i can get the actual oc law? i've recently decided to oc for in my neighborhood in the past couple of months and the most recent attack just this past saturday night, and me and my wife walk 2 miles a day through our sub and and i want to cover my rights and the correct law reading so i can oc for my wife and i to walk safely.....and yes the attacks have put civilian in the hospital for a couple of days.

Thanks, any and all information is welcomed and needed....

Well Bubba72 - welcome.

First carrying with a round in the chamber is legal.

Second carrying without one chambered is a good way to get hurt should you need to draw, and fire your weapon quickly. Quick draw is one of the main advantages to open carry.

Now until you get your cpl you need to learn the transport laws forward and backwards. This means you can go places other than walking too with your gun but it must be unloaded in a case designed for transport. What I did before my cpl was to wear my holster, & mags. Once I got to my destination I would go to the trunk, open it, remove the closed case containing my pistol and a full mag out of the gun, then set it on the ground ( I will explain this in a minute) open the case, remove the pistol with one hand and the mag with the other and load it while keeping the muzzle pointed in a safe direction.

This sounds like a hassle, but practiced it can be done very quickly and without drawing too much attention.

*** The reason you should place the case on the ground or on a surface other than you car is - the law sees the roof, trunk, tailgate etc... as being IN your car. This can open you up to a concealed weapon charge if you are not careful. ***

Until you get your CPL you need to stay away from some places which you should read the stickies here and at michiganopencarry.org for all of them. The one that trips up most NON CPL open carriers in MI, is carrying into places that are licensed to sell booze. This can be gas stations, is most grocery stores etc...

That should get you started. You need to read, read, and read some more before you carry. The MSP legal update number 86 is a must read also for all MI open carriers. I would suggest you attend a open carry picnic or event near you for your first time out. It helps to see how others carry legally and the folks are always willing to help with questions. I know michigander, venator and many others had great advice to give me at my first OC picnic way back on a cool day in April of 2010! Thanks again guys and gals that were there.

Giving up civil rights for security is a certain way to lose both! :eek:
 
Last edited:

Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
PS - I almost forgot. There is a radio show that is out of Flint called the Saturday afternoon shootout hosted by some really smart fellers (or in brian's case fart smellers sitting next to jerry) :D

Even if you are not in the listening area you can call in with your questions. See the stickies for all the details.

:cool:
Giving up civil rights for security is a certain way to lose both! :eek:
 

WARCHILD

Regular Member
Joined
Feb 18, 2008
Messages
1,768
Location
Corunna, Michigan, USA
PS - I almost forgot. There is a radio show that is out of Flint called the Saturday afternoon shootout hosted by some really smart fellers (or in brian's case fart smellers sitting next to jerry) :D

Even if you are not in the listening area you can call in with your questions. See the stickies for all the details.

:cool:
Giving up civil rights for security is a certain way to lose both! :eek:

Hey... I resemble that remark!! Brian is the smart good lookin one. Don't forget though; I'm so old I fart dust!
The next show is Aug 18th (this saturday) @ 1pm.
Join us in the chat and call in if you have any questions.
 
B

Bikenut

Guest
Q

Hello,

I'm new to this site and have not a story but a question.

Michigan is an open carry state, but what all entails to open carry?

I've been told 2 different things, 1. you can carry with 1 in the chamber, 2. you can carry without 1 one the chamber.....
Not sure which is true, i don't have a cpl yet, i need to take the class and get one, but in the meantime i just want to play it safe and figure whats true and whats false so i don't get a ticket or jail. Doaes anyone know a site where i can get the actual oc law? i've recently decided to oc for in my neighborhood in the past couple of months and the most recent attack just this past saturday night, and me and my wife walk 2 miles a day through our sub and and i want to cover my rights and the correct law reading so i can oc for my wife and i to walk safely.....and yes the attacks have put civilian in the hospital for a couple of days.

Thanks, any and all information is welcomed and needed....
May I respectfully suggest...

Do NOT open carry anywhere until you know and understand ALL THE APPLICABLE LAWS! Reading the stickies at the top of this page is a start.... attending an OC gathering (picnic or dinner) is a wonderful opportunity to get firsthand info. And I'll tell it like it is.... driving 100 miles to attend an OC picnic might be annoying but it is a hell of a lot better than having the police drive you to the prison where you will be staying for the next 2 years because you screwed up on a point of law.

Please read ALL the stickies... read them again.. then read them again!.... and please ask questions.. ask every question you or your wife might think up. And the only stupid question is the one you didn't ask!!! So ASK!
 

Bubba72

Regular Member
Joined
Aug 13, 2012
Messages
17
Location
Romulus, Michigan
thanks glock9mm, and bikenut......i understand the law, i have been through the cpl class back in 06....but i never did apply which i wish i would have now i'll have to take the class all over again which is also fine with me, but i don't remember them touching on if your handgun can be loaded or unloaded while doing an oc. does anyone know of when an oc picnic/gathering/meet and greet thats in the romulus are, detroit metro airport is in my backyard?

thanks mor the insight
 

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
If you learned the law from a CPL class, you more than likely learned it wrong! We get more people here than you would believe taht get some really screwed up ideas from class. Its almost funny.

The first worst place to get info on gun laws is from a cop. The second worst place to get info in gun laws is from a CPL instructor.
 

Bubba72

Regular Member
Joined
Aug 13, 2012
Messages
17
Location
Romulus, Michigan
WOW!!! I just found out that my city has an ordinance saying that you CAN"T open carry a hand gun, you can only carry if you have a cpl.....

Does this mean that local ordinance trumps STATE LAW? If so.....how can that be?
 

cmdr_iceman71

Regular Member
Joined
Mar 16, 2010
Messages
409
Location
Detroit, Michigan, USA
If you learned the law from a CPL class, you more than likely learned it wrong! We get more people here than you would believe taht get some really screwed up ideas from class. Its almost funny.

The first worst place to get info on gun laws is from a cop. The second worst place to get info in gun laws is from a CPL instructor.

You are so correct, in that if the consequences for running afoul of the law werent so dire it would be almost funny given the really screwed up ideas that some students get from their CPL classes.

Yes, bottom line read the laws for yourself. I would argue that the largest hurdle in becoming a gun owner who carries his/her arms outside the home is learning the laws for themselves. Hence learn the laws backwards, forwards and even sideways because that's the angle in which the police and prosecutors will come at you when they think you've made a misstep with your firearm.
 

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
WOW!!! I just found out that my city has an ordinance saying that you CAN"T open carry a hand gun, you can only carry if you have a cpl.....

Does this mean that local ordinance trumps STATE LAW? If so.....how can that be?

Thank you for bringing it to our attention.

Local law is preempted, it is unenforceable! Open carry IS legal where you live Romulus can kiss your american A**.

123.1102 Regulation of pistols or other firearms.
Sec. 2.
A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.
 

Bubba72

Regular Member
Joined
Aug 13, 2012
Messages
17
Location
Romulus, Michigan
i actually called the PD cuz my wife was uncomfortable about it, she WASN"T uncomfortable with me carrying BUT uncomfortable about getting the police called on me and me getting arrested. My phone call went like this:

Me: Michigan is an open carry state and i don't have a cpl, is it legal for me to open carry when my wife and i walk at night?
Officer: Ummm.....yes it is, But you HAVE to have a cpl to carry a handgun in Romulus
Me: If Michigan is an open carry state, then why can't i oc?
Officer: You'll have to call tomorrow and ask for Sgt. ********* , he knows the in's and out's about the oc laws, bye

That's in a nutshell how our whole minute to minute and a hlaf conversation.

I did read about the military person that was arrested, detained, handgun siezed, and verbally harassed over on the west side of the state. Yes he was released and charges dropped but he had to get a lawyer, and he then turned and sued the county and city in federal court for harassment and damages, the outcome of it is yet not known......well, at least I haven't heard the outcome of his case.

Bottom line......local ordinace should not trump state law, and it doesn't.....But! is it worth the possible outcome of being arrested and lawyer fees that i can't afford and then turn around and sue the city? Not at this time, but i assure you this......I'm going to get to the bottom of this and take on the fight if i have too.

I also read the thread from 2yrs ago with the letter written to the mayor of Romulus and was responded to by a city council member, and the council member says he will check into it. But from what I read in that thread it didn't show a update since the response for Romulus.

I will call the police department tomorrow and see what information I'm given and pass it on to everyone through this thread. Not just for my knowledge, but for anyone who wants to oc in Romulus either a resident or a nonresident of Romulus.....
 
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