imported post
Here is pretty much everything that would apply to OCing. I carry this printed off every time I OC. I also carry a pocket recorder, which I would suggest you also do. As I coincidentally just proved, it PAYS to have proof of what happened with police interactions.
[size=Sec. 6. (of the Michigan constitution)
[b]Every person has a right to keep and bear arms for the defense of himself and the state.[/b]][/size]
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[size=From the May 2007 MSP newsletter:
In the April 2007 edition of the Update we noted that [b]openly (non-concealed) carrying a pistol in Michigan is generally legal.[/b] Here we will note a couple of things to keep in mind during open carry situations.
First, a person may not "open carry" a pistol in the passenger compartment of a vehicle. Once a person enters a passenger compartment with a pistol they are carrying it concealed in violation of
MCL 750.227. In order to carry in a passenger compartment, a person must either be licensed to carry a concealed pistol or otherwise be exempted from Section 227 (e.g., a police officer).
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.
In MRCGO v. Ferndale, the Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession. Therefore, officers should check with their prosecutors before enforcing an ordinance that imposes a general ban on openly carrying a pistol.][/size]
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[size=Text of MCL 750.234d, Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty:
(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 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 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:
(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.
(b) A peace officer.
[highlight= rgb(255, 255, 0);](c) A person licensed by this state or another state to carry a concealed weapon.
(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.
(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.
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[b]THE MICHIGAN PENAL CODE (EXCERPT)[/b]
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.
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History: Add. 1990, Act 321, Eff. Mar. 28, 1991
]
© 2007 Legislative Council, State of Michigan
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[size=From-
Opinion No. 7101
February 6, 2002
Honorable Bill Bullard, Jr.
State Senator
The Capitol
Lansing, MI
Section 234e of the Michigan Penal Code does not define the crime of brandishing a firearm in public. The Michigan Criminal Jury Instructions, published by the Committee on Standard Criminal Jury Instructions, does not include a recommended jury instruction on brandishing a firearm. Research discloses that while the term "brandishing" appears in reported Michigan cases,[sup]2[/sup] none of the cases define the term.
In the absence of any reported Michigan appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions. People v Denio, 454 Mich 691, 699; 564 NW2d 13 (1997). According to
The American Heritage Dictionary, Second College Edition (1982), at p 204, the term brandishing is defined as:
"1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. –n. A menacing or defiant wave or flourish." This definition comports with the meaning ascribed to this term by courts of other jurisdictions. For example, in
United States v Moerman, 233 F3d 379, 380 (CA 6, 2000), the court recognized that in federal sentencing guidelines, "brandishing" a weapon is defined to mean
"that the weapon was pointed or waved about, or displayed in a threatening manner."][/size]
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Applying these definitions to your question, it is clear that a reserve police officer, regardless whether he or she qualifies as a "peace officer," when carrying a handgun in a holster in plain view, is not waving or displaying the firearm in a threatening manner.
Thus, such conduct does not constitute brandishing a firearm in violation of section 234e of the Michigan Penal Code.
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750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; conditions; violation as misdemeanor; penalty.
Sec. 227d.
(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:
(a) Taken down.
(b) Enclosed in a case.
(c) Carried in the trunk of the vehicle.
(d) Inaccessible from the interior of the vehicle.
(2) 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. 1981, Act 103, Eff. Mar. 31, 1982
© 2007 Legislative Council, State of Michigan][/size]
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[b]750.227c Transporting or possessing loaded firearm in or upon vehicle; violation as misdemeanor; penalty; applicability to person violating § 312.10(1)(g).[/b]][/size]
[size=(1) ][/size][size=Except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means, a firearm, [b]other than a pistol,[/b] which is loaded."][/size]
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(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.[size=][/size]
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[size=FIREARMS AND AMMUNITION (EXCERPT)][/size][size=
[b]Act 319 of 1990[/b]][/size][size=][/size][/align] [size=
[b]123.1102 Regulation of pistols or other firearms.[/b]][/size]
Sec. 2.
A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.
123.1103 Permissible prohibitions or regulation.
Sec. 3.
This act does not prohibit a local unit of government from doing either of the following:
(a)Prohibiting or regulating conduct with a pistol or other firearm that is a criminal offense under state law.
(b)Prohibiting or regulating the transportation, carrying, or possession of pistols and other firearms by employees of that local unit of government in the course of their employment with that local unit of government.
History: 1990, Act 319, Eff. Mar. 28, 1991
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