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Thread: Possibly going to Michigan

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    Me and my family were invited to attend a graduation party in Michigan this weekend. The area is not in Detroit, but near Detroit. What are some of the laws I should be aware of? How are the police in this area regarding open carry? Is it lawful for a non-Michigan resident to open carry?

    I do have a CCW permit for Ohio and we have an agreement with Michigan regarding concealed carry. Here in Ohio I open carry almost everywhere I go though. Thanks for your help.

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    Regular Member malignity's Avatar
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    What county is it in? Any idea? Many police are aware of the OC laws, but for some reason they like to hassle people in these parts.
    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

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    Regular Member Michigander's Avatar
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    You should be good to go for legality if you abide by the laws listed in the stickied thread Venator started, but I would think very carefully if you really want to open carry by yourself. The main reason I would be careful is if you have trouble with wrongful police actions, it could be a nasty legal mess to deal with from out of state. It is unlikely that you'll have problems, but by no means out of the realm of possibility. This is why I concealed last time I went to ohio.

    Your choice, but please think very hard about what you're going to do.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Regular Member malignity's Avatar
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    Agreed. We've got a number of members in legal battles at the moment for LEGALLY open carrying in the metro detroit area, and fully abiding by the law. It's ridiculous really, but we're working on it!

    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

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    Looks like it is in Livingston County, because I recognize a lot of the cities in that county. Brighton and Pinckney are two cities I know are near where my family in Michigan have lived or live in now.

    The reason I asked about me open carrying as a non-citizen is because I read here

    http://www.usacarry.com/forums/michi...-michigan.html

    and it states basically that "Any law abiding citizen of the State of Michigan..."

    I will probably conceal in Michigan simply because of the out of State factor. I just hate to go anywhere and not open carry because I love people to know their rights. I will definitely not be alone. I have my wife and 5 children with me all the time.

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    Michigan Moderator DrTodd's Avatar
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    If you have a license to carry a concelaed pistol from Ohio, you are exempt from Michigan's registration law... so just ignore the "citizen" part of what you read.

    From what I've read on the Ohio section of the OCDO site, Michigan and Ohio are very similar in regards to OC. Generally, there are few issue BUT, as you can see in the Michigan OC Experiences thread, problems do occur.

    One nice thing about Michigan is that if one has a CPL (or recognized out-of-state concealed license) one can possess (i.e. OC) a pistol in places where CC is prohibited for licensees: churches, schools, etc. If you have any questions, check this out:

    http://miopencarry.org/Attachments/M...er_to_LEOs.PDF

    or, feel free to pm me and I will send you the information.

    I would also take a look at Handgunlaw.com for the concealed "rules" here in Michigan. Remember, like Ohio, you must notify an officer "immediately" when stopped and have a concealed firearm on your person or a firearm being transported in your vehicle under the authority of your Ohio license.
    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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    I sent the Pinckney, Hamburg, and Unadilla police information pertaining to OC (twice) about a month or so ago, but never recieved a response from any of them. I grew up in Pinckney, and last I remember the many of the Hamburg police officerswere rather crooked in how they handled citizens they had encounters with.

    I had one encounter with the Pinckney police where they handcuffed me (when I was 15), took me to the police station and interigated me for a bon fire that I had in a friends field (with his permission) that ended up getting out of control. I tried to put it out, but due to the conditions it got bad REALLY quick. I was the one who called 911, and was still treated like a criminal the second they showed up to the scene. They interigated me without my parents present, and didn't call them until I answered all of there questions.

    I think they realized the f$%%ed up, because 2 days later they called me in to ask me the SAME questions they asked me the first day, but this time with my dad present. I declined to answer their questions since I had already gone through of it. My dad was pissed off at me, and during the ride home lectured me about it, and said I should have just answered their questions. I said "fine", and he took me back to the station where I answered their questions again, only to have it all come back and bite me in the a$$.

    That was like 16 years ago, so I'm not sure how the police in Pinckney operate anymore. Granted I started the bonfire, but did NOT have any intentions of causing destruction to someone's property.

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    For CC, these are the restricted areas:

    http://www.legislature.mi.gov/%28S%2...me=mcl-28-425o

    28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation; penalties.

    Sec. 5o.

    (1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:

    (a) A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the child from the school. As used in this section, "school" and "school property" mean those terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.

    (b) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.

    (c) A sports arena or stadium.

    (d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but is not required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

    (e) Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.

    (f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.

    (g) A hospital.

    (h) A dormitory or classroom of a community college, college, or university.

    (2) An individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol in violation of R 432.1212 or a successor rule of the Michigan administrative code promulgated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.

    (3) As used in subsection (1), "premises" does not include parking areas of the places identified under subsection (1).
    Violation of the above is a civil infraction, $500 fine, no risk of incarceration.

    Also, if you are stopped while carrying concealed (I'm sure you know all about Terry v Ohio), whether in a vehicle or as a pedestrian, you MUST disclose to the officer that you are carrying a gun.

    As mentioned above, you can OC in the above areas if you have your concealed carry license on your person, although not all store owners/managers, and peace officers know this is lawful carry.

    Add: you cannot carry in a casino, whether CC or OC.

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