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Thread: Traveling to Michigan

  1. #1
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    The search function was not working for me, so I am sorry if this has been discussed.

    My friend will be in Michigan for Independence Day and would like to OC at a local TEA Party. He is 18. Is it legal for him to open carry his rifle, and can he carry as a non-resident?

    Thanks.


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    Regular Member autosurgeon's Avatar
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    hmmm going into research mode...

    OK here is the thread that deals with that topic!
    http://opencarry.mywowbb.com/forum30/26068.html
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    From what I glean from the law, long arm carry seems to be illegal.

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    Regular Member autosurgeon's Avatar
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    Sort of ... its not covered by the AG opinion on brandishing like a pistol is. And then the DNR rules come into play... it's just uncharted water and most likely not a good idea for someone ... esp being from out of state.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    hansolo wrote:
    From what I glean from the law, long arm carry seems to be illegal.
    It's not illegal. We have an attorney general opinion which defines *A* form of legal open carry as that of a handgun in a holster. That same opinion defines brandishing as "waving or flourishing your weapon in a threatening manner."

    From what I've read, you cannot be in an area frequented by wildlife without a small-game license. You cannot OC a long arm during firearm deer season without a deer hunting license. Other than that, you seem to be OK.

    The laws listed on the "Long Arms OC" thread are specifically Dept. of Natural Resources laws, and pertain specifically to hunting. If you're not intending to hunt, I'm not sure if they even apply to you. I'm not even sure if anyone but a DNR officer can enforce those laws.

    (To be sure, a conservative reading of those laws would make ALL Types of carry illegal without a hunting license, and that would be unconstitutional per the MI constitution).


    In short, I believe long arms OC to be legal, and plan to do it in the near future. Personally, I will be carrying unloaded with a loaded magazine attached to the firearm, with a flag out the barrel.

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    Regular Member autosurgeon's Avatar
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    I am going to agree with Zig ... but I will say this. When I was a boy I and my friends used to walk down the road with our .22 rifles and go to the gravel pit to shoot. I am afraid now if a 10 or 11 yr old did that they would be hauled in and their rifles taken away. There were 5 of us and we were well trained in gun safety and I don't remember any problems ... we even wore safety glasses and ear plugs BC thats how we were taught. We knew not to shoot songbirds or any other wildlife for that matter without the proper license... which is more than I can say for many children today with airsoft guns!

    While it's not against the law its like anything that hasn't been done in awhile ... people forget that it's legal and BC of the evil connotation that the media has put on firearms some tend to overreact.

    I like the idea of carrying mag full chamber empty with an American flag sticking out the barrel!!!! :celebrate

    Anyway the sort of I referred to comes down to the DNR. They have law enforcement powers that are above and beyond the regular police and all they have to do is suspect poaching... or say they do and they can be a royale pain. SO just be carefull about OC of a longarm until we have the reactions felt out. In fact it might be best for the purposes of the rally in question to carry empty with a chamber plug in place! It shows that while you were making a political statement that you were deff not trying to hunt... unless you prefere to club your food to death with the butt

    The above is only my humble opinion and not legal advise IE I am noty a lawyer

    Carry On
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    Michigan Moderator DrTodd's Avatar
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    hansolo wrote:
    The search function was not working for me, so I am sorry if this has been discussed.

    My friend will be in Michigan for Independence Day and would like to OC at a local TEA Party. He is 18. Is it legal for him to open carry his rifle, and can he carry as a non-resident?

    Thanks.


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    Which city city is he going to be in? I'll be at the Grand Rapids event.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    DrTodd wrote:
    hansolo wrote:
    The search function was not working for me, so I am sorry if this has been discussed.

    My friend will be in Michigan for Independence Day and would like to OC at a local TEA Party. He is 18. Is it legal for him to open carry his rifle, and can he carry as a non-resident?

    Thanks.


    *Spelling
    Which city city is he going to be in? I'll be at the Grand Rapids event.
    That I do not know. I could ask him if you would like.

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