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In hand open carry

Ezerharden

Regular Member
Joined
Dec 22, 2011
Messages
723
Location
Erie, MI
would carrying a holstered handgun in your hand walking down the street be illegal?

I would say yes as it could be considered brandishing, however if you want to test it out feel free and let us know (assuming you get internet access in jail that is).
 

FreeInAZ

Regular Member
Joined
Oct 15, 2012
Messages
2,508
Location
Secret Bunker
would carrying a holstered handgun in your hand walking down the street be illegal?

This was gone over & debated in a thread a while back that was deleted. I expect this thread will be also. While it may or may not be brandishing depending on situation, it certainly seems like a disaster waiting to happen. As we have seen in LA, some LEO's go full auto and get the "details" later...just saying...:eek:
 

Raggs

Regular Member
Joined
Jul 18, 2012
Messages
1,181
Location
Wild Wild West Michigan
FreeInAZ, The question is well within the rules of this forum and I hope that people keep it civilized.

This is my opinion, it is only mine but still IHOC of a holstered handgun like anything else, unless it has been made illegal, is legal by default. It is not brandishing either. There is no case law, so the courts will hopefully revert to the dictionary, look it up there and see if it fits. I don't see how this would be any different than something that happened in Birmingham sometime back.

This was gone over & debated in a thread a while back that was deleted. I expect this thread will be also. While it may or may not be brandishing depending on situation, it certainly seems like a disaster waiting to happen. As we have seen in LA, some LEO's go full auto and get the "details" later...just saying...:eek:
 

mikestilly

Regular Member
Joined
Jul 6, 2009
Messages
1,869
Location
Macomb County, Michigan, USA
FreeInAZ, The question is well within the rules of this forum and I hope that people keep it civilized.

This is my opinion, it is only mine but still IHOC of a holstered handgun like anything else, unless it has been made illegal, is legal by default. It is not brandishing either. There is no case law, so the courts will hopefully revert to the dictionary, look it up there and see if it fits. I don't see how this would be any different than something that happened in Birmingham sometime back.

Raggs: What is the purpose of IHOC? It seems like a not smart thing to do. Pointing it in the wrong direction might also get you shot. I can't think a single reason why anyone would need to hold their holstered firearm in public. Shed some light on this.
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
FreeInAZ, The question is well within the rules of this forum and I hope that people keep it civilized.

This is my opinion, it is only mine but still IHOC of a holstered handgun like anything else, unless it has been made illegal, is legal by default. It is not brandishing either. There is no case law, so the courts will hopefully revert to the dictionary, look it up there and see if it fits. I don't see how this would be any different than something that happened in Birmingham sometime back.

There is case law
 

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
would carrying a holstered handgun in your hand walking down the street be illegal?

I've heard a former member of this forum did something similar. He was walking down Dixie Highway while it was raining. He had a make-shift poncho out of a trash bag.

He didn't want to cause the bag to accidentally conceal his gun, so he proceeded to walk in public while having it in his hand.

I don't remember there being reports of him being arrested or charged with anything -- for this incident. That doesn't mean it's legal though.

IANAL! YMMV!
 

HKcarrier

Regular Member
Joined
Mar 9, 2011
Messages
816
Location
michigan
What would be the purpose of this form of IHOC? Seems rather ridiculous unless you are referring to short trips from the house to the car, or something similar... which I do often, in my driveway.
 

Raggs

Regular Member
Joined
Jul 18, 2012
Messages
1,181
Location
Wild Wild West Michigan
Ok hypothetical

I am a person who is 20 years old and break down in a bad neighborhood and wouldn't you know my cell phone is dead, Darn! I saw a store about a mile back and really have no idea what might be ahead so i decide to walk the mile back. it is cold and raining and my coat is too long and will definitely cover the pistol if I were to carry it on my belt so I decide to carry the holstered pistol in my left hand so I have protection in the bad neighborhood.

What would be the purpose of this form of IHOC? Seems rather ridiculous unless you are referring to short trips from the house to the car, or something similar... which I do often, in my driveway.
 

Shadow Bear

Michigan Moderator
Joined
Dec 17, 2010
Messages
1,004
Location
Grand Rapids
Ok hypothetical

I am a person who is 20 years old and break down in a bad neighborhood and wouldn't you know my cell phone is dead, Darn! I saw a store about a mile back and really have no idea what might be ahead so i decide to walk the mile back. it is cold and raining and my coat is too long and will definitely cover the pistol if I were to carry it on my belt so I decide to carry the holstered pistol in my left hand so I have protection in the bad neighborhood.

Is it a revolver or automatic? Stainless or blued?

But, seriously, your hypothetical person is going to end up throwing it in the dirt when the po-po roll up.

Best suggestion, stay out of bad neighborhoods until he gets a CPL., especially on a dark & stormy night. Suddenly, a shot rang out! A door slammed. The maid screamed. Suddenly, a pirate ship appeared on the horizon! While millions of people were starving, the king lived in luxury. Meanwhile, on a small farm in Kansas, a boy was growing up.
 
B

Bikenut

Guest
Ok hypothetical

I am a person who is 20 years old and break down in a bad neighborhood and wouldn't you know my cell phone is dead, Darn! I saw a store about a mile back and really have no idea what might be ahead so i decide to walk the mile back. it is cold and raining and my coat is too long and will definitely cover the pistol if I were to carry it on my belt so I decide to carry the holstered pistol in my left hand so I have protection in the bad neighborhood.
As if the belt can't be taken off a person's pants and put around the coat on the outside....

Hypothetical... folks stop asking questions intended to cause controversy.
 
Last edited by a moderator:

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
I've heard a former member of this forum did something similar. He was walking down Dixie Highway while it was raining. He had a make-shift poncho out of a trash bag.

He didn't want to cause the bag to accidentally conceal his gun, so he proceeded to walk in public while having it in his hand.

I don't remember there being reports of him being arrested or charged with anything -- for this incident. That doesn't mean it's legal though.

IANAL! YMMV!

That sounds soooo familiar. link nsfw

http://www.xtranormal.com/watch/13691863/ihoc
 

Raggs

Regular Member
Joined
Jul 18, 2012
Messages
1,181
Location
Wild Wild West Michigan
I haven't seen any controversy, there are people who think lgoc is a bad thing as well, and they have the right, I don't think most of us would do what I have asked, I asked about the legality.

As if the belt can't be taken off a person's pants and put around the coat on the outside....

Hypothetical... folks stop asking questions intended to cause controversy.
 

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
I haven't seen any controversy, there are people who think lgoc is a bad thing as well, and they have the right, I don't think most of us would do what I have asked, I asked about the legality.

No controversy? Then surely you'll ihoc passed a group of cops and let us all know how it works out. Then you can tell us if it's legal or not rather than us just opining.
 

Michigander

Regular Member
Joined
Aug 24, 2007
Messages
4,818
Location
Mulligan's Valley
This is my opinion, it is only mine but still IHOC of a holstered handgun like anything else, unless it has been made illegal, is legal by default. It is not brandishing either.

One thing to keep in mind, under the definition of brandishing, is that even OCing a handgun in a belt carried holster might not stand up against a brandishing charge, even given the AG opinions, if the carrier could be shown in court to be carrying only to make people see it in an obnoxious manner along the lines of the definition of brandishing, rather than for any other lawful purpose. Carrying it in hand might just make it look more like this was your intention.

So my opinion is that I wouldn't want to be a test case for one thing because there would be no reason, and for another reason because I think it could easily lose.
 

Ezerharden

Regular Member
Joined
Dec 22, 2011
Messages
723
Location
Erie, MI
I haven't seen any controversy, there are people who think lgoc is a bad thing as well, and they have the right, I don't think most of us would do what I have asked, I asked about the legality.

What is the point of asking about the legality of such a blatantly stupid idea that even you say most here (past forum members excluded) wouldnt do?
 

FreeInAZ

Regular Member
Joined
Oct 15, 2012
Messages
2,508
Location
Secret Bunker

Outstanding video Rob! I laughed so hard I cried. Thanks for making it. To the un-named subject of this short video....impulse control goes a long way. So does listening to the weather report before leaving the house...:confused:

Wish you all the best in MI. No need for IHOC here - as it was sunny and near 70° today . :D
 

Raggs

Regular Member
Joined
Jul 18, 2012
Messages
1,181
Location
Wild Wild West Michigan
What is the point of asking about the legality of such a blatantly stupid idea that even you say most here (past forum members excluded) wouldnt do?

as pointed out earlier there is precedent according to DrTodd. Also I know people who would never carry a rifle in public and think it is stupid and yet people do. As to the no controversy comment I meant in this thread, all though shockingly I have gotten more opinion and emotion than actual facts.
 
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