Michigander
Regular Member
imported post
This is bugging me. If the MSP says open carry is legal, and legal even if cities and townships pass laws against it, I can believe they are correct. They are as reliable and complete in their work as anyone in any profession, but, any way I look at it, the law on brandishing seems to forbid open carry by private individuals.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.234e Brandishing firearm in public; applicability; violation as misdemeanor; penalty.
Sec. 234e.
(1) Except as provided in subsection (2), a person shall not knowingly brandish a firearm in public.
(2) Subsection (1) does not apply to any of the following:
(a) A peace officer lawfully performing his or her duties as a peace officer.
(b) A person lawfully engaged in hunting.
(c) A person lawfully engaged in target practice.
(d) A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm.
(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991
© 2007 Legislative Council, State of Michigan
I'm trying to organize a few pages to print off with conclusive legal proof that OC in Michigan by regular folks without CPL's is legal, so that when I get stopped by police (hasn't happened yet, but it almost certainly will) I can have proof that I'm within my rights. But I don't understand this part, and frankly, I want to be able to avoid being arrested, even for a stupid misdemeanor. I'm no cop, and I'm not hunting, target shooting, or going to a gun shop when I OC walking down a city street.
Do we have any LEGALLY BINDING proof that mere possession of a holstered handgun isn't brandishing?
This is bugging me. If the MSP says open carry is legal, and legal even if cities and townships pass laws against it, I can believe they are correct. They are as reliable and complete in their work as anyone in any profession, but, any way I look at it, the law on brandishing seems to forbid open carry by private individuals.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.234e Brandishing firearm in public; applicability; violation as misdemeanor; penalty.
Sec. 234e.
(1) Except as provided in subsection (2), a person shall not knowingly brandish a firearm in public.
(2) Subsection (1) does not apply to any of the following:
(a) A peace officer lawfully performing his or her duties as a peace officer.
(b) A person lawfully engaged in hunting.
(c) A person lawfully engaged in target practice.
(d) A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm.
(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991
© 2007 Legislative Council, State of Michigan
I'm trying to organize a few pages to print off with conclusive legal proof that OC in Michigan by regular folks without CPL's is legal, so that when I get stopped by police (hasn't happened yet, but it almost certainly will) I can have proof that I'm within my rights. But I don't understand this part, and frankly, I want to be able to avoid being arrested, even for a stupid misdemeanor. I'm no cop, and I'm not hunting, target shooting, or going to a gun shop when I OC walking down a city street.
Do we have any LEGALLY BINDING proof that mere possession of a holstered handgun isn't brandishing?