imported post
1COUNTRYBOY wrote:
The AG's opinion was referring to a reserve police officer carring a holstered weapon. Futher on down the AG acutally defers to federal guidelines"U.S. v Moerman,233 F3d 379,380 (Ca6,2000)....."brandishing" a weapon is defined to mean "that the weapon was pointed or waved about, or displayed in a threatening manner"
A section of the opinion. Note the bold type.
[size=In the absence of any reported ][/size][size=Michigan][/size][size= appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions. [i]People v Denio,[/i] 454 ][/size][size=Mich][/size][size= 691, 699; 564 NW2d 13 (1997). According to [i]The American Heritage Dictionary, [/i]][/size][size=Second][/size][size= ][/size][size=College][/size][size= Edition (1982][/size][size=), 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.[b] For example, in [/b]][/size][size=United States][/size][size= v Moerman][/size][size=, 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]
[size=[font="Times New Roman"]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.[/font]][/size]
[size=[font="Times New Roman"]It is my opinion, therefore, that a reserve police officer, by carrying a handgun in a holster that is in plain view, does not violate section 234e of the Michigan Penal Code, which prohibits brandishing a firearm in public.[/font]][/size]
[size=[font="Times New Roman"]This ruling applys to anyone OCing, That is they are NOT brandishing.[/font]][/size]