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OC question about shotguns/rifles

T Vance

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From what I recall reading, you can OC a rifle and/or shotgun around a city/town area as long as you have a hunting license for that time period. Correct?

Could a person OC a rifle and/or shotgun into a store/business as long as they don't sell alcohol? A friend of mine is out hunting this morning as was asking that question. I figured I'd pose it.
 

conservative85

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There is no law for or against the O.C. of a long gun same as pistol. There are DNR laws that are strict about having a firearms in hunting areas and around wildlife that could be construed as game animals. So if you long gun O.C. and walk pass a field with a deer and have no license you could be sited. there are also laws pertaining to the Liquor commission restricting the carry of all firearms.

http://www.michigan.gov/dnr/0,1607,7-153-10366_37141_37706-31578--,00.html
 

Venator

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T Vance wrote:
From what I recall reading, you can OC a rifle and/or shotgun around a city/town area as long as you have a hunting license for that time period. Correct?

Could a person OC a rifle and/or shotgun into a store/business as long as they don't sell alcohol? A friend of mine is out hunting this morning as was asking that question. I figured I'd pose it.
There is no law against it as far as I know. If a person has a CPL he can possess firearms in places listed in .234d, so if you have a CPL you could have a long gun in a bar or a place that sells alcohol.
 

Michigander

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Pistol registered long guns carried in holsters are a great way to make sure you're legal if you'd be legal with a handgun, and protected against brandishing charges as well.

The only problem can be finding a "holster" that will fit a rifle or shotgun. But a scabbard or drop leg holster can be adapted with a little effort.
 

mikestilly

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Michigander wrote:
Pistol registered long guns carried in holsters are a great way to make sure you're legal if you'd be legal with a handgun, and protected against brandishing charges as well.

The only problem can be finding a "holster" that will fit a rifle or shotgun. But a scabbard or drop leg holster can be adapted with a little effort.

That brings up an interesting question. So lets say I had an HK MP5 style rifle registered as a pistol. They have slings for them but I've never seen a holster per say. Does it need to be in a holster because it's registered as a pistol? I would assume that it would receive the same restrictions as a normal pistol would as to places off limits with a CPL or not.

Secondly, if you have a rifle registered as a rifle then pretty much a sling is all you really need to OC it legally? Are they any restrictions on OC'ing rifles besides just the DNR restrictions.
 

conservative85

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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.

Regardless of a holster as long as your not doing anything that ressembles the above definitions, you could be ok to sling a rifle, and rifles as far as I know need not be registered, just legally purchased.
 

Michigander

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Some would call it paranoid, but I want the fullest legal protection I can have when I do something that gets me targeted by cops. That's why I suggest a holster of some sort for any open carrying in an urban part of Michigan. Less of a Chance of having to take it to court.
 
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