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Encounter with Mackinac Island PD

Evil Creamsicle

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Sep 11, 2009
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I'm gonna brag about my vacation a little... with videos and pictures that will come next... but I actually had two encounters with police this week.

The first was on the way there, at a gas station in Mackinaw City. There were cops hanging out in the gas station when I got there... i went in for a coffee. They looked at me funny but didn't say anything.

My girlfriend was paying for gas, and I went to move the car to a pump. At that point the officers came out to 'talk to me for a second'.

They said they realized OC was legal but that I couldn't OC in the car. I informed them that I did have a CPL. At this point the officer attempted to tell me that I 'couldn't just jump back and forth between OC and CC like that' and that it 'didn't work that way'.

I didn't think this would go well... but these were pro-gun cops. In fact, I think the one that remained silent may have agreed with me more than the older guy... I'll explain in a minute.

By the end of the conversation though, I had turned the tide from 'you can't do that' to more the tune of 'you're legal, but we want you to be careful, because some cop down in Warren might not realize you're legal, and we don't want anything to happen to you.'

Then the other cop kind of interrupted the older guy and was like 'we don't want to keep you from your vacation'... and they left.

Encounter 2:

This one was on the way back from the U.P.. We stopped on Mackinac Island. I was OCing around the island for a while, went in and bought some fudge and had a great time. The girlfriend and I decided to go into Fort Mackinac, and looked around at the historic sites, watched a cannon demonstration, looked at some artifacts...

There were a bunch of boy scouts and kids and stuff around. The boy scouts were actually the honor guard for the Michigan Governor, since her summer residence is on Mackinac Island.

Anyway, we were watching an 1880s rifle demonstration by some army re-enactment guys, when I was approached by two Mackinac Island PD LEOs.

My girlfriend, who was filming the rifle demonstration, had the foresight to back up, and film the encounter instead, so I'll just post the video soon.

I did end up showing them my CPL though because, while I was not being 'detained', I was concealing a BUG so I figured I had better play it safe. Video of that encounter will be up today... this was the first time I've ever had an encounter where someone called police because of me, and they came.
 

mikestilly

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I think u have the ftp info already.. please up it as I'm working on youtubing the backlog this week.

If you don't I'll send it to you when I get home from work.
 

dougwg

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MOC Charter Member Westland, Michigan, USA
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Yes, send it to Mike so we can everything in one place...

Speaking of...I still need to FTP my files to you Mike...been busy and it has slipped my mind....which seems to be getting easier now-a-days. :?
 

Evil Creamsicle

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mikestilly wrote:
I think u have the ftp info already.. please up it as I'm working on youtubing the backlog this week.

If you don't I'll send it to you when I get home from work.
I don't know if I have it Mike, send again please to be sure...

and I don't have the USB for my camera right now I"m at school so it'll have to be later, sorry.
 

bsf

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Evil Creamsicle wrote:
........I did end up showing them my CPL though because, while I was not being 'detained', I was concealing a BUG so I figured I had better play it safe.........

28.425f Concealed pistol license; possession; disclosure to police officer; violation; penalty; seizure; forfeiture; "peace officer" defined.



Sec. 5f. (1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that pistol in his or her possession at all times he or she is carrying a concealed pistol.

(2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show both of the following to a peace officer upon request by that peace officer:

(a) His or her license to carry a concealed pistol.
(b) His or her driver license or Michigan personal identification card.

(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.

As I understand it, if LE asks for driver license (DL) and CPL and you are cc’ing, you must provide them, regardless of the legality of detainment. Did LE ask for DL and CPL?

Also related, I have never understood if “stopped” in MCL 28.425f(3) means detainment. Did you disclose the concealed handgun?

Another thing I do not understand is whether MCL 28.424f(2) means that RAS is not needed for detainment for a person CC’ing. If you have to show DL and CPL, do you not lose the right to leave? If you cannot leave, are you not detained? I do not like MCL 28.424f(2) & (3).
 

lapeer20m

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autosurgeon wrote:
Good job! Sounds like an all around good set of experiences!
sounds like the outcome was good....but the experience is still bad. Who wants to be detained/questioned by police?

I am waiting for the day when an officer will not approach and stop and individual simply for open carry. As it should be.
 

autosurgeon

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lapeer20m wrote:
autosurgeon wrote:
Good job! Sounds like an all around good set of experiences!
sounds like the outcome was good....but the experience is still bad. Who wants to be detained/questioned by police?

I am waiting for the day when an officer will not approach and stop and individual simply for open carry. As it should be.
While I agree this is still a step in the right direction..
 

Evil Creamsicle

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lapeer20m wrote:
autosurgeon wrote:
Good job! Sounds like an all around good set of experiences!
sounds like the outcome was good....but the experience is still bad. Who wants to be detained/questioned by police?

I am waiting for the day when an officer will not approach and stop and individual simply for open carry. As it should be.
I laughed, actually, about being questioned about open carry while four guys dressed like Militia were doing a rifle demonstration a hundred feet away:celebrate
 

autosurgeon

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Evil Creamsicle wrote:
lapeer20m wrote:
autosurgeon wrote:
Good job! Sounds like an all around good set of experiences!
sounds like the outcome was good....but the experience is still bad. Who wants to be detained/questioned by police?

I am waiting for the day when an officer will not approach and stop and individual simply for open carry. As it should be.
I laughed, actually, about being questioned about open carry while four guys dressed like Militia were doing a rifle demonstration a hundred feet away:celebrate
ROFL :lol:
 

Venator

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Lansing area, Michigan, USA
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bsf wrote:
Evil Creamsicle wrote:
........I did end up showing them my CPL though because, while I was not being 'detained', I was concealing a BUG so I figured I had better play it safe.........

28.425f Concealed pistol license; possession; disclosure to police officer; violation; penalty; seizure; forfeiture; "peace officer" defined.



Sec. 5f. (1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that pistol in his or her possession at all times he or she is carrying a concealed pistol.

(2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show both of the following to a peace officer upon request by that peace officer:

(a) His or her license to carry a concealed pistol.
(b) His or her driver license or Michigan personal identification card.

(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.

As I understand it, if LE asks for driver license (DL) and CPL and you are cc’ing, you must provide them, regardless of the legality of detainment. Did LE ask for DL and CPL?

Also related, I have never understood if “stopped” in MCL 28.425f(3) means detainment. Did you disclose the concealed handgun?

Another thing I do not understand is whether MCL 28.424f(2) means that RAS is not needed for detainment for a person CC’ing. If you have to show DL and CPL, do you not lose the right to leave? If you cannot leave, are you not detained? I do not like MCL 28.424f(2) & (3).

If you are lawfully stopped by a LEO and you are CCing you must disclose the fact that you are CCing. IF they ask to see your CPL and/or your DL you must present them when asked.

You do not need to give or have ID to OC.

If you are just talking with a LEO and it's not a stop (Like just shooting the breeze) my opinion is you do NOT have to disclose you are CCing.

An officer can have consensual contact with anyone in public. If you are free to go then it's not an "Official" stop. That is why we suggest youask right away if you are being detained and if you arefree to go. Once it's determined you are not free to go it becomes a "stop" and if CCing you must disclose that you are.

SO my opinion is that if you are CCing and OCing and an LEO engages you for just OCing, that contact is consensual and you are not being detained, until you are told you can not leave. If that happens then you must disclose.
 

choover

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Belleville , michigan, ,
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Venator wrote:
bsf wrote:
Evil Creamsicle wrote:
........I did end up showing them my CPL though because, while I was not being 'detained', I was concealing a BUG so I figured I had better play it safe.........

28.425f Concealed pistol license; possession; disclosure to police officer; violation; penalty; seizure; forfeiture; "peace officer" defined.


Sec. 5f. (1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that pistol in his or her possession at all times he or she is carrying a concealed pistol.

(2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show both of the following to a peace officer upon request by that peace officer:

(a) His or her license to carry a concealed pistol.
(b) His or her driver license or Michigan personal identification card.

(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.

As I understand it, if LE asks for driver license (DL) and CPL and you are cc’ing, you must provide them, regardless of the legality of detainment. Did LE ask for DL and CPL?

Also related, I have never understood if “stopped” in MCL 28.425f(3) means detainment. Did you disclose the concealed handgun?

Another thing I do not understand is whether MCL 28.424f(2) means that RAS is not needed for detainment for a person CC’ing. If you have to show DL and CPL, do you not lose the right to leave? If you cannot leave, are you not detained? I do not like MCL 28.424f(2) & (3).

If you are lawfully stopped by a LEO and you are CCing you must disclose the fact that you are CCing. IF they ask to see your CPL and/or your DL you must present them when asked.

You do not need to give or have ID to OC.

If you are just talking with a LEO and it's not a stop (Like just shooting the breeze) my opinion is you do NOT have to disclose you are CCing.

An officer can have consensual contact with anyone in public. If you are free to go then it's not an "Official" stop. That is why we suggest youask right away if you are being detained and if you arefree to go. Once it's determined you are not free to go it becomes a "stop" and if CCing you must disclose that you are.

SO my opinion is that if you are CCing and OCing and an LEO engages you for just OCing, that contact is consensual and you are not being detained, until you are told you can not leave. If that happens then you must disclose.
I agree with this, I have had a few discussions with some people whom disagree but with the statute wording this is how I also read it
 

DrTodd

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Jun 20, 2008
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Hudsonville , Michigan, USA
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Venator wrote:
bsf wrote:
Evil Creamsicle wrote:
........I did end up showing them my CPL though because, while I was not being 'detained', I was concealing a BUG so I figured I had better play it safe.........

28.425f Concealed pistol license; possession; disclosure to police officer; violation; penalty; seizure; forfeiture; "peace officer" defined.

Sec. 5f. (1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that pistol in his or her possession at all times he or she is carrying a concealed pistol.

(2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show both of the following to a peace officer upon request by that peace officer:

(a) His or her license to carry a concealed pistol.
(b) His or her driver license or Michigan personal identification card.

(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.
As I understand it, if LE asks for driver license (DL) and CPL and you are cc’ing, you must provide them, regardless of the legality of detainment. Did LE ask for DL and CPL?

Also related, I have never understood if “stopped” in MCL 28.425f(3) means detainment. Did you disclose the concealed handgun?

Another thing I do not understand is whether MCL 28.424f(2) means that RAS is not needed for detainment for a person CC’ing. If you have to show DL and CPL, do you not lose the right to leave? If you cannot leave, are you not detained? I do not like MCL 28.424f(2) & (3).

If you are lawfully stopped by a LEO and you are CCing you must disclose the fact that you are CCing. IF they ask to see your CPL and/or your DL you must present them when asked.

You do not need to give or have ID to OC.

If you are just talking with a LEO and it's not a stop (Like just shooting the breeze) my opinion is you do NOT have to disclose you are CCing.

An officer can have consensual contact with anyone in public. If you are free to go then it's not an "Official" stop. That is why we suggest youask right away if you are being detained and if you arefree to go. Once it's determined you are not free to go it becomes a "stop" and if CCing you must disclose that you are.

SO my opinion is that if you are CCing and OCing and an LEO engages you for just OCing, that contact is consensual and you are not being detained, until you are told you can not leave. If that happens then you must disclose.
Yep... this is exactly how I understand it also. +1
 

Evil Creamsicle

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Link coming soon I'm uploading the vid...

Unfortunately the audio isn't that good so if you need clarification anywhere tell me.


ALso the corny comments about the MIPD at the end are because they were still standing right there... lol.

Now, as far as my understanding of the encounter versus providing CPL:

I was not being 'detained'... the conversation was voluntary. Even the officers made the comment that 'you don't have to show it to us'...

As such, I did provide ID, I did 'flash' CPL but not relinquish, and I did not disclose BUG.
 

bsf

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Venator wrote:
If you are lawfully stopped by a LEO and you are CCing you must disclose the fact that you are CCing. IF they ask to see your CPL and/or your DL you must present them when asked.

You do not need to give or have ID to OC.

If you are just talking with a LEO and it's not a stop (Like just shooting the breeze) my opinion is you do NOT have to disclose you are CCing.

An officer can have consensual contact with anyone in public. If you are free to go then it's not an "Official" stop. That is why we suggest youask right away if you are being detained and if you arefree to go. Once it's determined you are not free to go it becomes a "stop" and if CCing you must disclose that you are.

SO my opinion is that if you are CCing and OCing and an LEO engages you for just OCing, that contact is consensual and you are not being detained, until you are told you can not leave. If that happens then you must disclose.

I comprehend what you are saying. I am not convinced your opinions are correct, though. I am hung up on the use of the term “stopped” in 28.425f [/quote][/quote](3). This has always bugged me. I do not understand what “stopped” means in this context. I understand the common or dictionary usage of the term, but I have been unable to find case law, statutory law, or an AG opinion defining “stopped”?



In addition, you start off stating “lawfully stopped”, and technically that is true, but incomplete. The law does not state “lawfully stopped”, though, only “stopped”. Again though, it is hard for me to analyze this without an understanding of the term “stopped”.
 

Bailenforcer

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Evil Creamsicle wrote:
I'm gonna brag about my vacation a little... with videos and pictures that will come next... but I actually had two encounters with police this week.

The first was on the way there, at a gas station in Mackinaw City. There were cops hanging out in the gas station when I got there... i went in for a coffee. They looked at me funny but didn't say anything.

My girlfriend was paying for gas, and I went to move the car to a pump. At that point the officers came out to 'talk to me for a second'.

They said they realized OC was legal but that I couldn't OC in the car. I informed them that I did have a CPL. At this point the officer attempted to tell me that I 'couldn't just jump back and forth between OC and CC like that' and that it 'didn't work that way'.

I didn't think this would go well... but these were pro-gun cops. In fact, I think the one that remained silent may have agreed with me more than the older guy... I'll explain in a minute.

By the end of the conversation though, I had turned the tide from 'you can't do that' to more the tune of 'you're legal, but we want you to be careful, because some cop down in Warren might not realize you're legal, and we don't want anything to happen to you.'

Then the other cop kind of interrupted the older guy and was like 'we don't want to keep you from your vacation'... and they left.

Encounter 2:

This one was on the way back from the U.P.. We stopped on Mackinac Island. I was OCing around the island for a while, went in and bought some fudge and had a great time. The girlfriend and I decided to go into Fort Mackinac, and looked around at the historic sites, watched a cannon demonstration, looked at some artifacts...

There were a bunch of boy scouts and kids and stuff around. The boy scouts were actually the honor guard for the Michigan Governor, since her summer residence is on Mackinac Island.

Anyway, we were watching an 1880s rifle demonstration by some army re-enactment guys, when I was approached by two Mackinac Island PD LEOs.

My girlfriend, who was filming the rifle demonstration, had the foresight to back up, and film the encounter instead, so I'll just post the video soon.

I did end up showing them my CPL though because, while I was not being 'detained', I was concealing a BUG so I figured I had better play it safe. Video of that encounter will be up today... this was the first time I've ever had an encounter where someone called police because of me, and they came.
Just curious, since the Ferry services fall under the TSA rules how did you handle carry on the Ferry? Note the normally have TSA signs prohibiting all firearms on the ferry.
 
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