warlockmatized
Regular Member
imported post
i was cruising the MSP website this moring. in the "search box" i typed in "open carry", and found this....
Note: The following material does not represent new law. Instead, it is intended to inform officers of infrequently used laws that might prove useful.
Open carry of a pistol…revisited
In the April 2007 edition of the Update we noted that openly (non-concealed) carrying a pistol in Michigan is generally legal. 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. MSP Legal Update, May 2007
Did You Know?, continued…
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.
my question/questions would be........ 1. HOW do we know IF an ordinance is specifically authorized by state law, or not? 2. are there ANY local ordinances in place that ARE currently authorized by state law?
according to MRCGO v. Ferndale local units of government may not impose restrictions upon firearms possession.
i was cruising the MSP website this moring. in the "search box" i typed in "open carry", and found this....
Note: The following material does not represent new law. Instead, it is intended to inform officers of infrequently used laws that might prove useful.
Open carry of a pistol…revisited
In the April 2007 edition of the Update we noted that openly (non-concealed) carrying a pistol in Michigan is generally legal. 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. MSP Legal Update, May 2007
Did You Know?, continued…
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.
my question/questions would be........ 1. HOW do we know IF an ordinance is specifically authorized by state law, or not? 2. are there ANY local ordinances in place that ARE currently authorized by state law?
according to MRCGO v. Ferndale local units of government may not impose restrictions upon firearms possession.