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Thread: Open Carry Taser in Michigan? Exemption Question

  1. #1
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    Open Carry Taser in Michigan? Exemption Question

    Michigan law allows a list of individuals such as probation officers and aircraft pilots/crew the "possession and reasonable use" of a Taser while on duty if properly trained... I fall into this category and carry a M26 Taser, and no firearm. I am also a Taser Civillian Instructor.

    However, Michigan recently opened Taser possession and use to CPL holders and added Tasers to the CPL statutes. But, my question is, if one of the exempted individuals above who DOES NOT have a CPL is carrying a taser, must it be open carry even though it is not a firearm?

    The way I read the CPL statute, I interpret it as IF you are a CPL holder you may carry a Taser and must follow the CPL carry rules. And that if you are exempt based on a method other than being a CPL holder that you may continue to carry, open or concealed, your Taser as you have been.

    Is concealment of a Taser (which is not a firearm) considered "possession and reasonable use" for the non law enforcement exempted party? I would still follow carry location rules, and notify on traffic stops etc, but I want to ensure I can keep it under my jacket while performing my official duties, and wear it in the car, or must I now wear it out in the open and "Trunk" it?
    Last edited by MasterRyan; 01-06-2013 at 08:18 PM.

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    Regular Member Evil Creamsicle's Avatar
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    This is a good question. One I don't know the answer to.
    Do you happen to have the MCL # of the 'possession and reasonable use' law under which you previously qualified?

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    Quote Originally Posted by Evil Creamsicle View Post
    This is a good question. One I don't know the answer to.
    Do you happen to have the MCL # of the 'possession and reasonable use' law under which you previously qualified?
    750.224a

    http://www.legislature.mi.gov/(S(k3o...e=mcl-750-224a

    Subsection (2)(a) lists individuals exempt from licensure (CPL) to possess/carry/use a Taser, but only while in performance of their duties. Subsection (2)(b) exempts individuals who are licensed (CPL) to possess/carry/use Tasers. Subsection (3) exempts manufacturers, dealers & importers, but only to possess the devices as enumerated under the section. If you don't meet the exemptions under 224a, you can not possess/buy/sell/carry (OC or CC)/use, a Taser.

    If you're licensed (CPL) under the Act (PA 372 of 1927) then 28.425o applies and there is no "loophole" for a CPL holder to OC a Taser in a PFZ. Hence:

    (2) Subject to subsection (5), an individual shall not carry a portable device that uses electro-muscular disruption technology on any of the premises described in subsection (1).

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    Quote Originally Posted by SpringerXDacp View Post
    750.224a

    http://www.legislature.mi.gov/(S(k3o...e=mcl-750-224a

    Subsection (2)(a) lists individuals exempt from licensure (CPL) to possess/carry/use a Taser, but only while in performance of their duties. Subsection (2)(b) exempts individuals who are licensed (CPL) to possess/carry/use Tasers. Subsection (3) exempts manufacturers, dealers & importers, but only to possess the devices as enumerated under the section. If you don't meet the exemptions under 224a, you can not possess/buy/sell/carry (OC or CC)/use, a Taser.

    If you're licensed (CPL) under the Act (PA 372 of 1927) then 28.425o applies and there is no "loophole" for a CPL holder to OC a Taser in a PFZ. Hence:
    So is oc a taser legal

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    I am provided for under 750.224a (2)(a) - Pilot while performing duties, which I believe includes travel to the airport in my vehicle. It seems absurd to trunk it, then stop in the entrance way as i'm entering airport property to put on my shoulder rig. The point is I have keys to the airport and the hangars, and security codes for the gates. The whole purpose for me to carry a taser is to provide some way of protecting myself as I am responsible for the security of the facility and aircraft while I am on duty, and in the air it is the pilots responsibility to ensure the safety of the flight. If I am not armed at the point of entry which is the most concerning time as far as forced access would be concerned, then much of the benefit of the Taser is removed.

    Incidentally I am also a Taser Dealer / Trainer so I am also qualified under 750.224a (3). Since I am ALWAYS open to make a demonstration or sale, this means I will almost always have a Taser on me for this legal purpose. But again the concealment of a non firearm for a non CPL holder who is otherwise qualified and allowed to "possess and reasonably use" covers keeping it on your person or in your vehicle in transit. Since selling to fellow pilots is a great market, I want to make sure I am up to speed on this particular issue.

    This is largely a non issue, because I dont think any officer would write me for a concealed weapon when i'm exempted and carrying for a lawful purpose anyway.


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    OC a Taser would still require a CPL, unless you are exempted under 750.224a (2)(a). You cannot POSSESS one unless you are exempt, a CPL holder, or Dealer. Open carry of weapons in Michigan is legal, so long as you observe no carry zones, do not go armed with unlawful intent, and are breaking no statutes.

    There is undoubtedly case law to establish here. Since the supreme court ruled that a complete ban of protected arms was unconstitutional, I have a feeling that there will be more changes when this gets tested. They opened it up to CPL holders, and then limited your choice to TASER only by requiring AFID. So, the "Protected Arms" in the home, like contact stun guns are still completely banned, and therefore as far as im looking at it, still unconstitutional.

    I think even things like the Mace OC spray gun dispenser is considered a "Gas Ejecting Device", while the spray itself is acceptable. Strange laws, hence the reason I don't assume!

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    Quote Originally Posted by bossbart View Post
    So is oc a taser legal
    750.224a

    http://www.legislature.mi.gov/(S(k3o...e=mcl-750-224a

    Subsection (2)(a) lists individuals exempt from licensure (CPL) to possess/carry/use a Taser, but only while in performance of their duties. Subsection (2)(b) exempts individuals who are licensed (CPL) to possess/carry/use Tasers. Subsection (3) exempts manufacturers, dealers & importers, but only to possess the devices as enumerated under the section. If you don't meet the exemptions under 224a, you can not possess/buy/sell/carry (OC or CC)/use, a Taser.

    If you're licensed (CPL) under the Act (PA 372 of 1927) then 28.425o applies and there is no "loophole" for a CPL holder to OC a Taser in a PFZ. Hence:

    (2) Subject to subsection (5), an individual shall not carry a portable device that uses electro-muscular disruption technology on any of the premises described in subsection (1).
    If you fall into the category of Mere Citizenry like most of us, with a CPL, you can possess, transport, carry (CC or OC) a Taser, but not in the PFZ's per 28.425o, unless you're exempt under 28.425o, Subsection (5):

    (5) Subsections (1) and (2) do not apply to any of the following:
    .
    .
    .

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