Results 1 to 5 of 5

Thread: AG Opinion on OC dating back to 1945

  1. #1
    Regular Member Springfield Smitty's Avatar
    Join Date
    May 2009
    Location
    OKC, OK (Heading back to MI very soon - thank goodness)
    Posts
    296

    Post imported post

    I have not seen this referred to on the forum, so I thought I would submit it for everyone to see that OC has been "legal" at least since 1945. Enjoy.

    http://www.cs.cmu.edu/afs/cs/usr/wba...ns/MI_3158.txt

    ETA: See below for easier to read version.
    -U.S. Army Veteran (2002-2005) 11BVB4 (Infantry, Airborne, Ranger, some other stuff) SGT (E-5)
    -Public Service Professional - I've done it all: LEO, FF, and EMT
    -Certified NRA Instructor
    -CPL / CCW (whatever other acronym you can think of for carrying a concealed pistol) Instructor
    -Co-founder of OKOCA

    I am not an attorney. None of my statements should be accepted, nor are they intended to be offered, as legal advice or fact of law.

  2. #2
    Regular Member Springfield Smitty's Avatar
    Join Date
    May 2009
    Location
    OKC, OK (Heading back to MI very soon - thank goodness)
    Posts
    296

    Post imported post

    -U.S. Army Veteran (2002-2005) 11BVB4 (Infantry, Airborne, Ranger, some other stuff) SGT (E-5)
    -Public Service Professional - I've done it all: LEO, FF, and EMT
    -Certified NRA Instructor
    -CPL / CCW (whatever other acronym you can think of for carrying a concealed pistol) Instructor
    -Co-founder of OKOCA

    I am not an attorney. None of my statements should be accepted, nor are they intended to be offered, as legal advice or fact of law.

  3. #3
    Michigan Moderator DrTodd's Avatar
    Join Date
    Jun 2008
    Location
    Hudsonville , Michigan, USA
    Posts
    3,337

    Post imported post

    I've posted it a number of times... but it is important enough to post again. Thanks.
    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.

  4. #4
    Regular Member Springfield Smitty's Avatar
    Join Date
    May 2009
    Location
    OKC, OK (Heading back to MI very soon - thank goodness)
    Posts
    296

    Post imported post

    Guess I'm just too new to have seen it before. Sorry.
    -U.S. Army Veteran (2002-2005) 11BVB4 (Infantry, Airborne, Ranger, some other stuff) SGT (E-5)
    -Public Service Professional - I've done it all: LEO, FF, and EMT
    -Certified NRA Instructor
    -CPL / CCW (whatever other acronym you can think of for carrying a concealed pistol) Instructor
    -Co-founder of OKOCA

    I am not an attorney. None of my statements should be accepted, nor are they intended to be offered, as legal advice or fact of law.

  5. #5
    Regular Member dougwg's Avatar
    Join Date
    Nov 2007
    Location
    MOC Charter Member Westland, Michigan, USA
    Posts
    2,445

    Post imported post

    easierto read

    http://www.cs.cmu.edu/afs/cs/usr/wba...ns/MI_3158.txt
    Office of the Attorney General State of Michigan

    Opinion No. 3158 February 14, 1945

    CONCEALED WEAPONS - General discussion relative to concealed weapons.

    Mr. Clyde H. Edgar, Sheriff, Jackson County, Jackson MI

    Dear Sir:

    Your letter addressed to the Michigan State Police and dated January 31, 1945 has been referred to me for reply. In your letter you ask substantially the following questions on weapons or firearms:
    1. Is a weapon considered concealed when carried in a holster outside of all the clothing of a Person? 2. Is it necessary to have a license to carry a concealed pistol when such pistol is being transported from a city home to a place in the country, each of which places is owned by the party transporting the pistol, when the purpose of such transportation is target practice? Would the answer be the same if the place to which the pistol was being transported was owned by a near relative?

    3. If a pistol is carried concealed or openly, with clip or cylinder removed, must a license be obtained?4. A number of our local factories hire men for guard work only and furnish them with guns while on duty only. Is it necessary for them to have licenses to carry such guns?
    The late Wm. W. Potter rendered an opinion in April of 1927 on the subject of your first questions and I quote the following from that opinion:"The statute does not mean or import that no part of the weapons should be concealed, but the offense is only committed when the weapon is so concealed that it is impossible for one approaching in view of the person carrying the weapon to see any part of it. All that the Legislature meant when it prohibited the carrying of concealed weapons was to compel persons to so wear them that others who might come in contact with them might see that they were armed and dangerous persons, who were to be avoided in consequence, for, if it should be required that no part of the weapon should be concealed, the statute would amount to an infringement of the constitutional right of citizens to have and bear arms, since it would be impossible for one to have and bear about his person a pistol or weapon of any kind without having some part of it concealed. (Stockdale v. State, 32 Ga. 225, 227).

    "I am, therefore, of the opinion that if a pistol is carried in a holster or belt, on the outside of the clothing so as to be in plain view, it does not constitute carrying a concealed weapon. If it is worn under a coat, it would be, in my judgment, a violation of the statute, as the same would then not be in plain view." I agree with the conclusions reached in that opinion.

    Relative to your second question, it is my opinion that Section 231 of Chapter 27 of the penal Code of the State of Michigan (Sec. 28.428, Mich. Stat. Ann.) fairly defines the exceptions to the licensing act and therefore it is quoted:"The provisions of the second, third, sixth and seventh sections of this chapter shall not apply to any peace officer of the state or any subdivision thereof who is regularly employed and paid by the state or such subdivisions, or to any member of the army, navy or marine corps of the United States or of organizations authorized by law to purchase or receive weapons from the United States or from this state, nor to the national guard or other duly authorized military organizations when on duty or drill, nor the members
    thereof in going to or returning from their customary places of assembly or practice, nor by another state, nor to the regular and ordinary transportation of pistols as merchandise, or to any person while carrying a pistol unloaded in a wrapper from the place of purchase to his home or place of business or to a place of repair or back to his home or place of business, or in moving goods from one place of abode or business to another."This section does not except the case of a person transporting a pistol from his city to his country home for target practice and it is therefore my opinion that it would be illegal to do so without the license to carry concealed weapons. The same would certainly be true in case the pistol was being transported to a place owned by a near relative.

    Answering your third question, it is my opinion that, if carried, openly, no license would be required since the weapon would not be concealed. However, if carried concealed, a license would be required regardless of whether the clip or cylinder were removed.
    People v. Williamson, 200 Mich. 342.Replying to your fourth question, Opinion No. 0-926, dated July 6, 1943, copy of which is enclosed, relative to plant protection men who are members of the auxiliary military police, seems to cover that situation adequately. However, as to plant protection men who are not members of military police auxiliary, it is my opinion that a license to carry concealed weapons is required.

    No license would be required if the weapons are carried openly.

    Very truly yours,

    JOHN R. DETHMERSAttorney General



Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •