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Thread: Legit question I believe?

  1. #1
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    Legit question I believe?

    Ok here is the story and the question:

    My wife and I took a drive out to look at some of the flood damage last weekend to burn some time and get out of the house for a bit ( I was lawfully open carrying my holstered side arm) We drove through the town of Lowell where we were able to get through on our way to Saranac along the river.

    On our way back through about an hour later there was an officer parked in our lane blocking it. We slowed down to a crawl as he put his hand up and motioned us to stop. We stopped and asked if we could still get through into town, as this is the way that we just came through about an hour ago. We were asked to turn around and take another road which he gave us directions, no biggie.

    The question I have is that being that he stopped us in the road to talk to us just to inform us that we could not get back through that way, was I supposed to make him aware that I had my holstered side arm on me in the vehicle, weather it was open or concealed? I do have a valid Michigan CPL.

    Thanks.

  2. #2
    Regular Member Evil Creamsicle's Avatar
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    Quote Originally Posted by 28.425f (3)
    (3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol or a portable device that uses electro-muscular disruption technology concealed upon his or her person or in his or her vehicle.
    Good question. The exact language of the law above says if you are 'stopped' by a peace officer.
    Does this mean 'at all', or since it was informational and you were not being detained/were free to leave, does it not qualify as being 'stopped'

    I would say you're safer to disclose in this situation. YMMV.

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    I would have told him, but that's just me. I don't anything else to go wrong.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Evil Creamsicle View Post
    Good question. The exact language of the law above says if you are 'stopped' by a peace officer....
    It also says
    An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol...
    I read that as open carry does not require other notification. This is subject to what constitutes a "concealed" pistol in your state, of course.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Isn't it considered concealed if your in a car ?

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    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by MAC702 View Post
    It also says

    I read that as open carry does not require other notification. This is subject to what constitutes a "concealed" pistol in your state, of course.
    He's in his vehicle. It's concealed.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Anti-Saldana Freedom Fighter Venator's Avatar
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    I would not have disclose as I don't think I was being detained for any kind of infraction or crime. But the safest thing would be to disclose.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *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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    Regular Member autosurgeon's Avatar
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    Re: Legit question I believe?

    In the interest of clarity carrying in a car is not concealed but rather carrying otherwise. Please go read the law again. Note it does require a cpl to do so however.

    In response to the op it sounds as though he was directing traffic. Not detaining people thus imop no disclosure would be required. I would not disclose in this situation.

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    Last edited by autosurgeon; 04-25-2013 at 11:28 PM.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    Campaign Veteran smellslikemichigan's Avatar
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    i agree with most here, disclosure would have been the safest legal course, but probably unnecessary because you were "free to go." another thing to consider is that disclosing at that point may have garnered unnecessary attention and delayed the encounter. of course, if the officer was on his Ps and Qs, he would have simply said, "thanks for disclosing, have a nice day"
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
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    Thank you for the feedback all. I didn't feel I needed to give him that information at the time, being he was only directing traffic. But after we moved on we got to thinking about it and wondered if I did the right thing.

    I guess it wouldn't make much sense to be expected to disclose that info every time you go through say... a traffic accident scene where an officer is helping with traffic control and just comes up to your window and asks you to turn a certain direction or go straight.

    Thanks again.

  11. #11
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    Any chance they are going to do away with this stupid disclosure law?

  12. #12
    Activist Member hamaneggs's Avatar
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    Lightbulb

    Quote Originally Posted by radiotom View Post
    Any chance they are going to do away with this stupid disclosure law?
    Only if "We The People" make it known to Our "Reps/servants", and they propose a bill , and the Gov signs it! When "enough" of "We The People" speak, they will! Thats how it works, when done properlly! CARRY ON!
    Today JESUS would tell me to sell my coat and buy two Springfield XD Compact 45acp's!

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