Stop and Identify in Michigan

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Reading Venator's Mega Open Carry Thread, I came across this:

5) A person openly carrying a firearm on foot in a legal manner when approached by a police officer and questioned where the only reason for the questioning is because of the openly carried firearm need not give that officer their name and address. No license or ID is required to openly carry a firearm. It is your option to provide ID/CPL.[/b]

ADVISORY NOTE[/b]: Each situation is different. We recommend you cooperate with all lawful questions and requests. Ask the officer if the reason you are being detained is for the legal open carry of a firearm. After giving your name and address, ask if you are free to go, ask if you are being detained. If they continue to ask questions about ID and why you are carrying a gun, repeat the question, am I free to go? Am I being detained? If the situation escalates ask for a supervisor. Remember the officer can arrest you for anything, don’t resist the arrest. After an illegal arrest you may have legal options you can employ.



Now, what would you guys do if stopped walking down the street or even at an Open Carry picnic? Is Michigan a Stop and Identify state? Is the request for ID (either physical or verbal) a lawful order?

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Greggy_D wrote:

Reading Venator's Mega Open Carry Thread, I came across this:

5) A person openly carrying a firearm on foot in a legal manner when approached by a police officer and questioned where the only reason for the questioning is because of the openly carried firearm need not give that officer their name and address. No license or ID is required to openly carry a firearm. It is your option to provide ID/CPL.[/b]

ADVISORY NOTE[/b]: Each situation is different. We recommend you cooperate with all lawful questions and requests. Ask the officer if the reason you are being detained is for the legal open carry of a firearm. After giving your name and address, ask if you are free to go, ask if you are being detained. If they continue to ask questions about ID and why you are carrying a gun, repeat the question, am I free to go? Am I being detained? If the situation escalates ask for a supervisor. Remember the officer can arrest you for anything, don’t resist the arrest. After an illegal arrest you may have legal options you can employ.



Now, what would you guys do if stopped walking down the street or even at an Open Carry picnic? Is Michigan a Stop and Identify state? Is the request for ID (either physical or verbal) a lawful order?

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See this link on the subject. http://www.migunowners.org/forum/showthread.php?t=27480

In Michigan you do not have to give ID if the stop is not a Terry stop or if they have some reasonable andarticulable reason for the stop, or probable cause. I was asked for ID while open carrying in the Capital Building and I told them I was not required to have ID or a license to carry openly. They said they knew that and didn't demand any ID or take my weapon, just got the "what about the children lecture."

I will often leave my ID's in the car when out and about OCing. That way I can say, "No sir I don't have any ID on me. Then the balls in their court on what they do next.

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Read all 6 pages over there. From what I gather, there is no clear-cut law in Michigan that says you need to provide ID.

As a follow up to your statement that you leave physical ID in the car, what if a LEO asks for verbal ID from you? Do you give your name/address?

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Greggy_D wrote:

Read all 6 pages over there. From what I gather, there is no clear-cut law in Michigan that says you need to provide ID.

As a follow up to your statement that you leave physical ID in the car, what if a LEO asks for verbal ID from you? Do you give your name/address?

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That would depend on the situation, how aggressive the officer was, etc.If he is an ass I might not. But the encounter is a learning opportunity for them. I guess what I would advise is to do something like this.

LEO: "Got any ID?"

Me: "No officer I do not, as you are aware you don't need an ID or a CPL to carry a firearm openly in this State. Am I being detained and if so, for what reason"

(see what their reaction is to that, it will can go up or down real fast. If they understand and acknowledge that, I mightsay.)

"Since you know that this is my rightand you claim tounderstand that right I may choose to do so voluntarily."

Then it's each persons option to give a name or not. Generally the stop goes much smoother if you cooperate. The LEO's are not use to nor do they liked being refused or questioned.


Keep in mind that by standing up for your rights, you may temporarily lose them i.e,handcuffed, arrest, etc. So the choice is yours and yours alone to make.