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Thread: open carr at my apartment house

  1. #1
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    When im working on my apartment house i open carry. Do i have to have my gun registration on me or could i leave it with the case that is in the apartment that im working on. The permit is with me but not on me.One morequestionI have a shoulder holster that i wear on the outside of my shirt. When my arms are at my sidethey cover part of the holster, would that be considered concealed.

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    Regular Member EM87's Avatar
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    brian3127 wrote:
    When im working on my apartment house i open carry. Do i have to have my gun registration on me or could i leave it with the case that is in the apartment that im working on. The permit is with me but not on me.¬*¬*One more¬*question¬*I have a shoulder holster that i wear on the outside of my shirt. When my arms are at my side¬*they cover part of the holster, would that be considered concealed.
    As long as it's been more than 30 days since you registered the gun in your name, you do not have to have the registration with you at all. If it hasn't been 30 days, it is my opinion that as long as you can get to the registration quickly (like walking into the building you're working on) you should be fine.

    A shoulder holster on the outside of all clothing would be open carry even if your arms are over it, in my opinion. I believe that it would be EXTREMELY difficult for someone to get in trouble for concealing with an open shoulder holster.

    I'm sure other opinions will follow.


    "You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87

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    Regular Member WARCHILD's Avatar
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    No, the law clearly states you MUST CARRY the permit with you for the first 30 days. Put it in your wallet, in the building is not WITH you.

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    brian3127 wrote:
    When im working on my apartment house i open carry. Do i have to have my gun registration on me or could i leave it with the case that is in the apartment that im working on. The permit is with me but not on me.One morequestionI have a shoulder holster that i wear on the outside of my shirt. When my arms are at my sidethey cover part of the holster, would that be considered concealed.
    28.422

    (6) Within 48 hours after receiving the license copies returned under subsection (5), the licensing authority shall forward 1 copy of the license to the department of state police. The licensing authority shall retain the other copy of the license as an official record for not less than 6 years. Within 10 days after receiving the license copies returned under subsection (5), the licensing authority shall electronically enter the information into the pistol entry database as required by the department of state police if it has the ability to electronically enter that information. If the licensing authority does not have that ability, the licensing authority shall provide that information to the department of state police in a manner otherwise required by the department of state police. Any licensing authority that provided pistol descriptions to the department of state police under former section 9 of this act shall continue to provide pistol descriptions to the department of state police under this subsection. The purchaser has the right to obtain a copy of the information placed in the pistol entry database under this subsection to verify the accuracy of that information. The licensing authority may charge a fee not to exceed $1.00 for the cost of providing the copy. The licensee may carry, use, possess, and transport the pistol for 30 days beginning on the date of purchase or acquisition only while he or she is in possession of his or her copy of the license. However, the person is not required to have the license in his or her possession while carrying, using, possessing, or transporting the pistol after this period.

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    thanks guys i wll have read the permit i dont remember the date it has to be getting close to 30 days.

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    Regular Member DanM's Avatar
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    brian3127 wrote:
    Do i have to have my gun registration on me or could i leave it with the case that is in the apartment that im working on. The permit is with me but not on me.
    As quoted in a reply above, the law says you must be "in possession" of the registration for the first 30 days. Personally, I keep it in my wallet so that I'm sure to be "in possession" of it as I travel about.

    I have a shoulder holster that i wear on the outside of my shirt. When my arms are at my sidethey cover part of the holster, would that be considered concealed.
    To date, I am not aware of a shoulder-holster OC'er being charged with a CCW violation. However, there is at least one instance of an OC'er in Michiganopenly carryingwith an IWB (inside the waist-band) holster who was charged with a CCW violation (he did not have a CPL). He did a plea-agreementto a much lesser offense, so as to avoid the risk of going to trial and a jury agreeing with the prosecutor.

    What is notquestionable as to "open carry" in Michigan is a handgun in an OWBor a drop-leg holster, and that is what many hererecommend for those who do not have a CPL, or for those having a CPL and OC'ing intoCC "pistol-free" zones, and not wishing to spend the time or money to fight what may be bogus CCW violation charges.

    The law does not specify that firearms carried in shoulder holsters are considered "concealed". Do what you feel comfortably is legal and you comfortably could afford the time and money fighting what you feel would be a bogus CCW violation charge.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    ďHe who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.Ē--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

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    Regular Member EM87's Avatar
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    WARCHILD wrote:
    No, the law clearly states you MUST CARRY the permit with you for the first 30 days. Put it in your wallet, in the building is not WITH you.
    Thanks for correcting me.
    "You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87

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    Regular Member WARCHILD's Avatar
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    No correction to you, just the correct info. You did state it as your opinion which is the best way if you don't know the exact law. It then becomes the poster's responsibility to further investigate. We only provided the definition of the law.

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    SpringerXDacp wrote:
    brian3127 wrote:
    When im working on my apartment house i open carry. Do i have to have my gun registration on me or could i leave it with the case that is in the apartment that im working on. The permit is with me but not on me.¬*¬*One more¬*question¬*I have a shoulder holster that i wear on the outside of my shirt. When my arms are at my side¬*they cover part of the holster, would that be considered concealed.
    28.422

    (6) Within 48 hours after receiving the license copies returned under subsection (5), the licensing authority shall forward 1 copy of the license to the department of state police. The licensing authority shall retain the other copy of the license as an official record for not less than 6 years. Within 10 days after receiving the license copies returned under subsection (5), the licensing authority shall electronically enter the information into the pistol entry database as required by the department of state police if it has the ability to electronically enter that information. If the licensing authority does not have that ability, the licensing authority shall provide that information to the department of state police in a manner otherwise required by the department of state police. Any licensing authority that provided pistol descriptions to the department of state police under former section 9 of this act shall continue to provide pistol descriptions to the department of state police under this subsection. The purchaser has the right to obtain a copy of the information placed in the pistol entry database under this subsection to verify the accuracy of that information. The licensing authority may charge a fee not to exceed $1.00 for the cost of providing the copy. The licensee may carry, use, possess, and transport the pistol for 30 days beginning on the date of purchase or acquisition only while he or she is in possession of his or her copy of the license. However, the person is not required to have the license in his or her possession while carrying, using, possessing, or transporting the pistol after this period.
    I may be wrong but I recall a change to this when it no longer became required to have your pistol inspection. I'll have to do some digging. I could be wrong here but for some reason I remember the requirement changing.

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    mikestilly wrote:
    SpringerXDacp wrote:
    brian3127 wrote:
    When im working on my apartment house i open carry. Do i have to have my gun registration on me or could i leave it with the case that is in the apartment that im working on. The permit is with me but not on me.One morequestionI have a shoulder holster that i wear on the outside of my shirt. When my arms are at my sidethey cover part of the holster, would that be considered concealed.
    28.422

    (6) Within 48 hours after receiving the license copies returned under subsection (5), the licensing authority shall forward 1 copy of the license to the department of state police. The licensing authority shall retain the other copy of the license as an official record for not less than 6 years. Within 10 days after receiving the license copies returned under subsection (5), the licensing authority shall electronically enter the information into the pistol entry database as required by the department of state police if it has the ability to electronically enter that information. If the licensing authority does not have that ability, the licensing authority shall provide that information to the department of state police in a manner otherwise required by the department of state police. Any licensing authority that provided pistol descriptions to the department of state police under former section 9 of this act shall continue to provide pistol descriptions to the department of state police under this subsection. The purchaser has the right to obtain a copy of the information placed in the pistol entry database under this subsection to verify the accuracy of that information. The licensing authority may charge a fee not to exceed $1.00 for the cost of providing the copy. The licensee may carry, use, possess, and transport the pistol for 30 days beginning on the date of purchase or acquisition only while he or she is in possession of his or her copy of the license. However, the person is not required to have the license in his or her possession while carrying, using, possessing, or transporting the pistol after this period.
    I may be wrong but I recall a change to this when it no longer became required to have your pistol inspection. I'll have to do some digging. I could be wrong here but for some reason I remember the requirement changing.
    That is what the statute was change to.

    The 30 day requirement is to allow for the registration to be completed in the system.

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    EM87 wrote:
    brian3127 wrote:
    When im working on my apartment house i open carry. Do i have to have my gun registration on me or could i leave it with the case that is in the apartment that im working on. The permit is with me but not on me.One morequestionI have a shoulder holster that i wear on the outside of my shirt. When my arms are at my sidethey cover part of the holster, would that be considered concealed.
    As long as it's been more than 30 days since you registered the gun in your name, you do not have to have the registration with you at all. If it hasn't been 30 days, it is my opinion that as long as you can get to the registration quickly (like walking into the building you're working on) you should be fine.

    A shoulder holster on the outside of all clothing would be open carry even if your arms are over it, in my opinion. I believe that it would be EXTREMELY difficult for someone to get in trouble for concealing with an open shoulder holster.

    I'm sure other opinions will follow.

    AG Opinion # 7113 states: "A holstered pistol carried openly and in plain view is not "concealed"..."

    It does not specify type of holster. It just states that holster must be in plain view. Shoulder holster is definitely in plain view. I do not see how this can be argued otherwise. I, personally would not hesitate to OC with shoulder holster. IWB is a different story, in my opinion. It can be mush easier to argue that IWB is CC.

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