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Open Carry gray areas

Nocoolusername

New member
Joined
Mar 3, 2013
Messages
2
Location
grand rapids
My questions would be.( Without a CPL) If you can open Carry how do you get your gun out of the car trunk, load it and holster it without falling into some sort of gray area of the law. Can they possibly charge you with brandishing a weapon at that point? Can I open Carry in the city limits on my own property as well as walk/jog down the street. How open does the holster need to be to be considered open Carry? Can I open Carry on a bicycle? I'm sorry I have so much to learn.
 

FreeInAZ

Regular Member
Joined
Oct 15, 2012
Messages
2,508
Location
Secret Bunker
My questions would be.( Without a CPL) If you can open Carry how do you get your gun out of the car trunk, load it and holster it without falling into some sort of gray area of the law. Can they possibly charge you with brandishing a weapon at that point? Can I open Carry in the city limits on my own property as well as walk/jog down the street. How open does the holster need to be to be considered open Carry? Can I open Carry on a bicycle? I'm sorry I have so much to learn.

Hi - Welcome (assuming you are not one of the many trolls this forum seems to spawn). The questions you ask are ALL subjects of debate here. Be aware that any citizen can be charged for anything at any time whether they are actually violating the law or not. This is why many here carry video/audio recorders (stealth & other types aka steaming web phones etc).

First learn the transport laws.
http://www.legislature.mi.gov/documents/publications/firearms.pdf
Once you understand them fully, learn concealed weapon laws. They are the ones usually used against non cpl OCers. SNIP:"750.227 Concealed weapons; carrying; penalty.
Sec. 227.

(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license."


SNIP #2
750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.
Sec. 234d. (1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution. (b) A church or other house of religious worship.
(c) A court.
(d) A theatre.
(e) A sports arena.
(f) A day care center.
(g) A hospital.
(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the
Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.

(2) This section does not apply to any of the following:
(c) A person licensed by this state or another state to carry a concealed weapon.

Now to your questions (I am not a lawyer - do your research to verify what I am saying and if at all possible consult with a lawyer).
You need to prepare and plan prior to OCing. Have your holster already on your belt and your mag(s) loaded and on you. When you reach your destination go to your trunk & retrieve your properly stowed pistol, in a APPROVED / CONTAINER DESIGNED FOR TRANSPORTING PISTOLS. (safety checked & unloaded preferably with the slide open or cylinder open if its a revolver. ) This makes loading quick & easy once you are ready. Take the case completely out of the the vehicle and keep it off the vehicle. This means setting it on the ground or another stable surface. Load keeping the muzzle in a safe direction & holster it carefully, always keeping your finger away from the trigger. Now when you put the case back in the trunk make sure you do not lean into the trunk with your pistol on. Doing this can be considered "concealed carry" by a officer of the law if they really want to stretch the law. Until you have a CPL you cannot be in possession of a pistol in/on a car.

To leave - reverse the process, making sure to unload in a safe manner and stow in accordance with the law.

Bicycles are a grey area so error on the side of caution and don't carry on them until you have your CPL as MI law considers just about anything other than your feet a "vehicle" :rolleyes:.

Walking/Jogging tips - You may OC on public sidewalks, parks etc. Make sure your holster is always 100% visible to avoid a CCW charge.

Avoid schools & places licensed to sell liquor (Kmart, Kroger, some gas stations etc) & other Gun free zones.
MLCC query tool for places that have liquor lic. http://www2.dleg.state.mi.us/llist/
Hope this helps.

Edit to add - Check out Michigan open carry's website for the laws in a easy to follow format & read the PDF pamphlet & other resources they have here:

http://www.miopencarry.org/?q=node/12

http://www.miopencarry.org/?q=node/4

http://michiganopencarry.org/?q=msplegalupdates

http://legislature.mi.gov/doc.aspx?mcl-28-422 MCL 28.422
 
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FreeInAZ

Regular Member
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Oct 15, 2012
Messages
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