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OPEN CARRY IN MICHIGAN

nextlevelcell

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I have now made it my newest hobby to complie a list of different things relating to open carry and it being legal and also a ver specific definition of what brandishing is along with AG opinions and so on and other interesting items that pertain to MI allowing open carrying of firearms.:celebrate



any other ideas or suggestions of what to put could be of great use.
 

Gray Peterson

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It looks like he was charged with this Detroit City Ordinance:

Sec. 38-10-58. Transportation in vehicles; carrying in public.
It shall be unlawful for any person to carry a pistol concealed on or about his or her person, or whether concealed or otherwise, in a vehicle operated or occupied by him or her, contrary to the State Concealed Weapons Licensing law. Except for a pistol carried or transported lawfully under the State Concealed Weapons Licensing Law, it shall be unlawful for any person to carry a firearm on any public street or in a public place unless it is unloaded and in a case, or to transport or have in or upon any vehicle occupied by him or her any firearm unless the firearm is unloaded in both barrel and magazine and is taken down, enclosed in a case, carried in the luggage compartment of the vehicle or inaccessible from the interior of the vehicle.

Last time this law was amended was in 1986.

Hey Diamond, PM me some more information, perhaps some charge sheets or something. I'm going to smack these fools in Detroit a little bit.
 

Leader

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Lonnie Wilson wrote:
It looks like he was charged with this Detroit City Ordinance:

Sec. 38-10-58. Transportation in vehicles; carrying in public.
It shall be unlawful for any person to carry a pistol concealed on or about his or her person, or whether concealed or otherwise, in a vehicle operated or occupied by him or her, contrary to the State Concealed Weapons Licensing law. Except for a pistol carried or transported lawfully under the State Concealed Weapons Licensing Law, it shall be unlawful for any person to carry a firearm on any public street or in a public place unless it is unloaded and in a case, or to transport or have in or upon any vehicle occupied by him or her any firearm unless the firearm is unloaded in both barrel and magazine and is taken down, enclosed in a case, carried in the luggage compartment of the vehicle or inaccessible from the interior of the vehicle.

Last time this law was amended was in 1986.

Hey Diamond, PM me some more information, perhaps some charge sheets or something. I'm going to smack these fools in Detroit a little bit.
State law trumps that. No harm no foul.
Do you actually have an example of this happening ?
I have NEVER been able to find one in MI.
 

muledoe

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Lonnie Wilson wrote:
It looks like he was charged with this Detroit City Ordinance:

Sec. 38-10-58. Transportation in vehicles; carrying in public.
It shall be unlawful for any person to carry a pistol concealed on or about his or her person, or whether concealed or otherwise, in a vehicle operated or occupied by him or her, contrary to the State Concealed Weapons Licensing law. Except for a pistol carried or transported lawfully under the State Concealed Weapons Licensing Law, it shall be unlawful for any person to carry a firearm on any public street or in a public place unless it is unloaded and in a case, or to transport or have in or upon any vehicle occupied by him or her any firearm unless the firearm is unloaded in both barrel and magazine and is taken down, enclosed in a case, carried in the luggage compartment of the vehicle or inaccessible from the interior of the vehicle.

Last time this law was amended was in 1986.

Hey Diamond, PM me some more information, perhaps some charge sheets or something. I'm going to smack these fools in Detroit a little bit.



haha your gonna smack them and then hes gonna get the beating end of it lol...just kidding :p

and that is why i dont even bother to open carry anywhere near detroit or even in MI. Like i said before, no on here has proven to me that they have open carry in public. I know people say they do, but i have never seen it in person, never. Not to be mean to people in here, everyone here is awesome, so dont take that as a disrespectful comment. Everyone i have ever spoke to that has a CPL never OC, all CC because that is what they were taught, and in fear or being arrested. I know there is no law. But its almost common sense, and being arrested in public would not be awesome considering i like in a small sub area and everyone would look at me like im a nut case after the fact.

OC would be nice to do, i think it would drop crime down alot in the metro Detroit area. If a criminal knows what he is going to get himself into might get him killed, i highly doubt that he would consider continuing with the crime. On the other side, you have the police who have fear of their life, simply cause they dont know who you are, and why you are carrying a fun. I dont know the exact numbers around here, but last i heard the death of cops was extremely high. Maybe 12, but 12 is a high number.

No matter what the law states, there will a "if" factor. I really dont want to be a test piggy just so everyone else will be happy 2 years down the road and able to OC and i cant. And maybe possibly get your CPL revoked, which a friend of mine has happen to. He tried to appeal it, and 2 weeks later then denied him. What had happened, i dont know. But i can tell you that he is a good man, and never OC nor would he just be careless with his weapon
 

Leader

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muledoe wrote:
haha your gonna smack them and then hes gonna get the beating end of it lol...just kidding :p

and that is why i dont even bother to open carry anywhere near detroit or even in MI. Like i said before, no on here has proven to me that they have open carry in public. I know people say they do, but i have never seen it in person, never. Not to be mean to people in here, everyone here is awesome, so dont take that as a disrespectful comment. Everyone i have ever spoke to that has a CPL never OC, all CC because that is what they were taught, and in fear or being arrested. I know there is no law. But its almost common sense, and being arrested in public would not be awesome considering i like in a small sub area and everyone would look at me like im a nut case after the fact.

OC would be nice to do, i think it would drop crime down alot in the metro Detroit area. If a criminal knows what he is going to get himself into might get him killed, i highly doubt that he would consider continuing with the crime. On the other side, you have the police who have fear of their life, simply cause they dont know who you are, and why you are carrying a fun. I dont know the exact numbers around here, but last i heard the death of cops was extremely high. Maybe 12, but 12 is a high number.

No matter what the law states, there will a "if" factor. I really dont want to be a test piggy just so everyone else will be happy 2 years down the road and able to OC and i cant. And maybe possibly get your CPL revoked, which a friend of mine has happen to. He tried to appeal it, and 2 weeks later then denied him. What had happened, i dont know. But i can tell you that he is a good man, and never OC nor would he just be careless with his weapon
Have you ever seen anyone in Michigan other then a police officer with a gun?
Never see an armed security guard? That is just an ordinary citizen open carrying. Ever see one of them arrested? If open carry isn't legal, how do they get away with it?

The only way you are going to believe that open carry is legal is if you see legions of people walking around with guns on their hips?
 

muledoe

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yeah ihave seen people that are on duty lets say Oc carry but i figure that is part of their job. that is a must for them.

i did not know that citizens could do it as well. Honestly no i have never seen a person in plain cloths open carry, unless that person was a cop UC..


i have a question, oc is legal in the state, but can citys ban or prohbit it form happening? ??
 

nextlevelcell

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muledoe wrote:
No matter what the law states, there will a "if" factor. I really dont want to be a test piggy just so everyone else will be happy 2 years down the road and able to OC and i cant. And maybe possibly get your CPL revoked, which a friend of mine has happen to. He tried to appeal it, and 2 weeks later then denied him. What had happened, i dont know. But i can tell you that he is a good man, and never OC nor would he just be careless with his weapon

where do you live in MI??? I am in Grand Rapids area near downtown. I am game to OC with you all day long if youd like, and I have no CPL and can not even apply for one until next year. so no fear on your end of someone having a CPL and just not caring it or anything like that.





lets get a meet together............
 

nextlevelcell

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muledoe wrote:
yeah ihave seen people that are on duty lets say Oc carry but i figure that is part of their job. that is a must for them.

i did not know that citizens could do it as well. Honestly no i have never seen a person in plain cloths open carry, unless that person was a cop UC..


i have a question, oc is legal in the state, but can citys ban or prohbit it form happening? ??
no....state law always overides if you will, any city law. check on page 2 or something of this thread and it has a link to MSP and check the April and May issues and look for the OC part and read, it says no city or county ordinence can overide state law unless it has specific permission to do so.
 

muledoe

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i was reading the part

"Second, in the April edition we noted that a pistol cannot be carried in public where it violates local ordinance. This is true, but only where the ordinance is specifically authorized by state law. "

so some cities prolly do have a law againts it then im guessing


 

Venator

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muledoe wrote:
yeah ihave seen people that are on duty lets say Oc carry but i figure that is part of their job. that is a must for them.

i did not know that citizens could do it as well. Honestly no i have never seen a person in plain cloths open carry, unless that person was a cop UC..


i have a question, oc is legal in the state, but can citys ban or prohbit it form happening? ??

Muledoe, just wonderingwhat country you were born in? English is a second language to you right. I mean no offense I was just wondering.

Also by the way people do open carry in Michigan, it is legal regardless of what your instructors say. The mind set of most instructors is to tell students not to open carry so as not to make waves with the anti-gun crowd. I have talked to legislators who drafted the CPL laws about open carry and it's on their agenda to address it, but it's not a priority at this time. They also said the say thing, they don't want to make an issue of it and keep it below the radar.
 

muledoe

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I am from Europe, and English is my 4th language

Yeah, i know there are misspelling and grammar problems. I just dont go back and proof read anything. Sorry about that.
 

Leader

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muledoe wrote:
yeah ihave seen people that are on duty lets say Oc carry but i figure that is part of their job. that is a must for them.

i did not know that citizens could do it as well. Honestly no i have never seen a person in plain cloths open carry, unless that person was a cop UC..


i have a question, oc is legal in the state, but can citys ban or prohbit it form happening? ??

A security guard *IS* just an everyday ordinary citizen. They have no special training or licenses. They may carry a wepon because open carry is legal in MI. If they get into a vehicle, they MUST have a CPL or unload, case & properly store the wepon before going anyplace. The uniform means nothing except a way to tell who they work for.

No cities can NOT pass a law that restricts carry.
 

SpringerXDacp

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Leader wrote:
muledoe wrote:
yeah ihave seen people that are on duty lets say Oc carry but i figure that is part of their job. that is a must for them.

i did not know that citizens could do it as well. Honestly no i have never seen a person in plain cloths open carry, unless that person was a cop UC..


i have a question, oc is legal in the state, but can citys ban or prohbit it form happening? ??

A security guard *IS* just an everyday ordinary citizen. They have no special training or licenses. They may carry a wepon because open carry is legal in MI. If they get into a vehicle, they MUST have a CPL or unload, case & properly store the wepon before going anyplace. The uniform means nothing except a way to tell who they work for.

No cities can NOT pass a law that restricts carry.

See AG Opinions; 6255 & 6490

http://www.ag.state.mi.us/opinion/datafiles/1980s/op06255.htm

http://www.ag.state.mi.us/opinion/datafiles/1980s/op06490.htm
 

Sailorwatson

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nextlevelcell wrote:
where do you live in MI??? I am in Grand Rapids area near downtown. I am game to OC with you all day long if youd like, and I have no CPL and can not even apply for one until next year. so no fear on your end of someone having a CPL and just not caring it or anything like that.





lets get a meet together............
Have you OC'd in the GR area?
 

Michigander

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Yesterday I was in an auto parts store open carrying my surefire G2. Not a gun or evena weapon, just a friggen flashlight.Some have mistaken it for pepper spray when in its case. I'm pretty sure the security guard who was himself a big brawny dudewith a holsteredwheeliethought it was pepper spray, because when I first walked into the store his eyes got real wide and he looked down at my waist. he nervously asked "How you doin sir?"

If nothing else, security guards are good for a few laughs.
 

Michigander

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I just went for a late night walk while OCing. A local cop drove right by me, with my gun holstered on the side nearest him. He didn't so much as slow down, so I have confidence he just didn't notice I was armed. I haven't had to talk to any cops yet, but I'm sure it'll happen sooner than later. I'm carrying my voice recorder in my jacket pocket so I can turn it on real easily before an encounter with the cops starts really rolling.

I just need to OC during the day and walk around town, that'll get 911 called on me a few times. But I haven't worked up the balls to do it much yet, at least not in the city. That and I'm always driving places during the day, and therefor not legally able to transport a handgun for the most part.
 
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