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Thread: I need a basic guide to MI open carry

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    I'm considering open carrying, but I do not have a CCW permit. If I was to open carry, say at the gas station while pumping gas, how would I go about transporting and getting my weapon in a legal fashion?

    Thanks!

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    Regular Member Yooper's Avatar
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    Read the "Wash, Rinse, Repeat" section. Should have just about everything you need to know. If you still have questions, this is the most informative forum on the internet to get your questions resolved.
    Rand Paul 2016

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    I read that article and found it very informative. However, I'm asking more about just how I get the gun from my trunk to my holster without breaking the law or wasting time. Any other general tips or peculiarities of Michigan law are also welcome.

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    Regular Member Yooper's Avatar
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    Michigan's law on brandishing essentially says that you have to be waiving it around, or doing something negligent. Removing it from you car, loading it, and putting it in your holster is completely legal.

    Perhaps someone knows the statue, or AG opinion off the top of their head, I'll see if I can find it.
    Rand Paul 2016

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    Regular Member Yooper's Avatar
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    Oh, as far as the gas station goes, either pay at the pump, or make sure they don't sell ANY alcohol. You can't carry ANYWHERE that serves alcohol without a CPL.

    I don't know about down there, but up here some gas stations are finally starting to get the "pay at the pump" pumps.
    Rand Paul 2016

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    Absolutely, I always pay at the pump, but my issue is with having to spent 5 minutes retrieving and replacing my gun into and out of the trunk when it only takes me 3 minutes to get gas. It's a shame the law prevents open carry in the car without a CCW.

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    Regular Member autosurgeon's Avatar
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    You really should start here. http://opencarry.mywowbb.com/forum30/13328.html

    Wash Rinse Repeat is for once you have read everything in the link I posted 50 times and memorized it and are now ready to OC ...

    Seriously most of the pertaining laws and AG opinions are mentioned or Cited in the thread I posted the link to.

    After you read that fire away with your questions!
    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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    Regular Member Taurus850CIA's Avatar
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    Here is the AG opinion on brandishing:


    BRANDISHING Opinion No. 7101 February 6, 2002: …In the absence of any reported Michigan appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions…..the term brandishing is defined as: "1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. A menacing or defiant wave or flourish." This definition comports with the meaning ascribed to this term by courts of other jurisdictions…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." 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. It is my opinion, therefore, that…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.

    The Wash/Rinse/Repeat thread, and the Michigan Open Carry Info threads are loaded with most everything you need to know. Learn it all inside and out before you carry without a CPL.

    Remember, ANY place which sells alcohol is OFF LIMITS without a CPL. This includes many Walmart, and Meijer stores, convenience stores, many gas stations. It even goes so far as to say the place only has to be licensed to sell alcohol. That means that if it's licensed, even if they don't sell it (how often does that happen?), you can't carry there without a CPL.

    Lots to learn, lots of pitfalls. Be very diligent, and very, very careful.
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    Remember, ANY place which sells alcohol is OFF LIMITS without a CPL. This includes many Walmart, and Meijer stores, convenience stores, many gas stations. It even goes so far as to say the place only has to be licensed to sell alcohol. That means that if it's licensed, even if they don't sell it (how often does that happen?), you can't carry there without a CPL.


    Yeah, I've always wondered how the heck anyone is supposed to know that:?

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    Regular Member Bronson's Avatar
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    Denny wrote:


    Remember, ANY place which sells alcohol is OFF LIMITS without a CPL. This includes many Walmart, and Meijer stores, convenience stores, many gas stations. It even goes so far as to say the place only has to be licensed to sell alcohol. That means that if it's licensed, even if they don't sell it (how often does that happen?), you can't carry there without a CPL.


    Yeah, I've always wondered how the heck anyone is supposed to know that:?
    http://www2.dleg.state.mi.us/llist/

    You can search for all the liquor licenses in any given MI county.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

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