imported post
According to the map, Michigan does not require a permit and it is generally lawful, but there are severe restrictions.
The laws as I found here:
http://www.legislature.mi.gov/documents/publications/firearms.pdf
does not disallow open carry, but does disallow carry by those with malicious intent to commit or in commission of a crime. It also disallows unlicensed carry in certain places including banks, theaters, day cares, hospitals, etc. Finally, it prohibits brandishing a firearm,
but does not define the term. The dictionary definition used in one Michigan AG opinion is "to display ostentatiously". The opinion states that a peace officer cannot be guilty of brandishing while in the course of his duties, but does not extend that to citizens.
Because there are no assumption doctrines or pre-emption, and no other laws to the contrary, a peace officer, if he is ableto articulate cause to do so,may detainsomeone carrying openlylong enough to ascertain that they are not currently or about to commit a crime, and may commence detention by asking to see ID. While checkingID, the officer mayask reasonable questions about your destination, and ifyou're headeda banned location hemay inform you to that effect, but may not detain you further as you have not demonstrated malicious intent to commit a crimenor have youactually trespassed while carrying.
In addition, a person who is, in the opinion ofan officer, carrying openly for the primary purpose of causing unrest or intimidation is brandishing the firearm even if it is holstered, and can be detained and ticketed, summoned or arrested for that offense. The person so charged mustshow he didn't have that intent, and/or was hunting, target shooting or displaying the firearm for sale, purchase, repair or transfer. Intent is difficult to prove or disprove; the burden should be on the prosecution but you will have to defend yourself against the officer's testimony.
none of this would apply if the Michigan state constitution, legal code or case laweither expressly allowed open carry with pre-emptionor otherwisedirected peace officers and others to assume that someone carrying openly is doing so lawfully if there is noreasonable suspicionto the contrary.
IANAL; I'm just calling it like I see it. In general,if an officer decides you're committing a crime, you're highly unlikely to convince him otherwise, and if same officer decides you're going to jail, you're going whether the arrest is legal or not.Whether you are in commission of a crimeand/or the arrest is legalare not expressly codified and are therefore points to be argued case by case before a judge, at least until the Michigan legislators see fit to change the law.