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Holster required?

NovaMan

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I've read the law, and I haven't seen anywhere that it's actually necessary to use a holster. If I missed it somewhere, that would preclude OC'ing a rifle/carbine or any other weapon that one would typically sling. Does anyone know for sure?
 

HankT

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NovaMan wrote:
I've read the law, and I haven't seen anywhere that it's actually necessary to use a holster.
Do you want to carry [a handgun]without a holster? Why on earth would you want to do that?




NovaMan wrote:
...that would preclude OC'ing a rifle/carbine or any other weapon that one would typically sling. Does anyone know for sure?
The rifle thing....again. Good luck with that. Really, good luck with that.
 

zigziggityzoo

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NovaMan wrote:
I've read the law, and I haven't seen anywhere that it's actually necessary to use a holster.  If I missed it somewhere, that would preclude OC'ing a rifle/carbine or any other weapon that one would typically sling.  Does anyone know for sure?

How do you think you go about hunting without prosecution for brandishing?

Of course it's legal.
 

Michigander

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Licensed hunting, as I recall, is specifically exempted from brandishing charges in the MCL on it. So are police actions, and by an AG opinion a HOLSTERED PISTOL.

I do think you could convince a judge/jury that a slung rifle or shotgun wasn't being brandished. But my advise is that if you're going to do it, be ready to spend the time and money to convince a judge or jury.
 

NovaMan

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HankT wrote
Do you want to carry [a handgun]without a holster? Why on earth would you want to do that?
I don't want to do that.

HankT wrote:
The rifle thing....again. Good luck with that. Really, good luck with that.
Yes, the rifle thing again. Please direct me to the other threads dealing with this topic, or a MI law that requires a holster for OC. Actually, if you can't do the latter, don't bother with the former.


Edit: no disrespect intended, but let's keeps this factual and documented with actual laws and AG opinions.
 

Michigander

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NovaMan wrote:
Please direct me to the other threads dealing with this topic, or a MI law that requires a holster for OC.

Carrying a gun in your hand to prove you can carry a gun in your hand seems to me to be the very definition of brandishing. It wouldn't be a smart thing to do in an urban environment.
 

NovaMan

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AG opinion 7101 of February 2002 (included here) states that carrying a pistol/handgun in a holster is legal, but that is the specific situation considered - niether that opinion nor the law consider a weapon without a holster, such as a rifle slung over the shoulder. It seems to me the only way that could be illegal is if it were considered brandishing by being an ostentatious way of carrying a weapon; however, ostentatious display is further defined in the same AG opinion as "a menacing or defiant wave or flourish." In the spirit of AG opinion 7101, to flourish is further defined as "to make bold and sweeping gestures" or "to wield with dramatic gestures." A rifle slung over the shoulder fits none of those definitions.
 

HankT

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NovaMan wrote:

HankT wrote:
The rifle thing....again. Good luck with that. Really, good luck with that.
Yes, the rifle thing again. Please direct me to the other threads dealing with this topic, or a MI law that requires a holster for OC. Actually, if you can't do the latter, don't bother with the former.


Edit: no disrespect intended, but let's keeps this factual and documented with actual laws and AG opinions.
There are several threads about OCing long guns in the various state subforums. Have you used the search function or scanned the subforum for them?

I'd be surprised if you couldn't find something.

Someone always comes along with this idea. It seems to hold a special allure of some kind...
 

T Vance

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I've personally seen him carry twice. Once to the "Tea Party" in Jackson, and another time at Walmart. He even walked right infront of 2 LEO's. They didn't say a word.
 

HankT

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T Vance wrote:
I've personally seen him carry twice. Once to the "Tea Party" in Jackson, and another time at Walmart. He even walked right infront of 2 LEO's. They didn't say a word.

Why does he do it?



Does he carry a decent backup weapon when he carries the AK?
 

Venator

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HankT wrote:
T Vance wrote:
I've personally seen him carry twice. Once to the "Tea Party" in Jackson, and another time at Walmart. He even walked right infront of 2 LEO's. They didn't say a word.

Why does he do it?



Does he carry a decent backup weapon when he carries the AK?

He also OCs a handgun. I have seen him do it at both the places T has stated. No issues.

He has to answer why he does it, but I think it's because he's a free man in a free state. No other reason needed.
 

T Vance

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You sound like an investigating officer Hank. What's with all the questions?

Why do you ask all these questions?

Will they be used for something?

What time did you wake up today?

Did you have breakfast?

What did you have for breakfast?

Was it deliscious?


I had a quessadilla.
 

springerdave

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T, I don't care what Hank had for breakfast, we should only ask Hank important questions such as, Hank, what do you carry and do you open carry and where do you open carry and why do you ask other people questions like these but refuse to answer questions such as what state do you reside in? Those are the questions Hank should be asked and answer, but of course, Hank doesn't have to answer them:banghead:.springerdave.
 

choover

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I know where you guys are going but hank asking him questions like why do you carry a AK are actually good questions that he may be asked on the streets by people who do not OC at all. That means..... having the conversation here can prepare other OCers for possible responses ect if they themselves decide to do it :D

I truly find the conversations on this forums where people have dissenting views to be the most educational.
 

HankT

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springerdave wrote:
... we should only ask Hank important questions such as, Hank, what do you carry and do you open carry and where do you open carry ....
So, SD, is it only certain people that should get asked those questions?

Or is it everyone? Should we, do you think, ask these questions of all OCDO members?

Be careful in your answer....



choover wrote:
I know where you guys are going but hank asking him questions like why do you carry a AK are actually good questions that he may be asked on the streets by people who do not OC at all. That means..... having the conversation here can prepare other OCers for possible responses ect if they themselves decide to do it :D

I truly find the conversations on this forums where people have dissenting views to be the most educational.
Of course. But some people, including some above who are small-minded think that a discussion is best if participants do not say anything they a) do not like, or, b) do not understand.

But, that's the way unprepared and inflexible minds handle even moderatecomplexity. That's why they frequently opt for restriction and censorship...

They think it's easier.
 
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