imported post
acarlile2 wrote:
I have a question for Michigan residents. I cannot find laws associated to this debate;
suppose your CC. The wind blows your shirt up and exposes your firearm holstered to a bunch of people. At this point, your in an OC friendly (legal) environment. Do you at this point reconceal? Or openly carry? Is there any info on this? Do you have to make a descision at the start of a day wether you will CC or OC? if not what lines are there to possibly cross, aside from unholstering which is obviously against the law unless your life is in immediate danger and it's a justified shoot. That aside any help would be great!!
Thanks!!
Adam
Please do come to the Michigan subforum and find the actual laws that pertain to my answer to your question... do not be afraid to ask questions since there are a host of folks who are very much up on the law(s) and how they affect carrying a gun.
A concealed carry permit (CPL) in Michigan does NOT
require a person to always keep the pistol concealed. It merely allows the person to carry it concealed if that person so desires. Again, there is no
requirement to keep it concealed.
Open carry is legal in Michigan (subject to lawful restrictions/conditions... restrictions/conditions that change if a person is also a CPL holder.. more later on that) so since it is legal there are no laws being broken if a concealed pistol becomes exposed.... unless the exposure is intentional and intended to intimidate which would be "brandishing".
Ok... suppose a person with a CPL is walking along the street and the wind blows their jacket open exposing their concealed pistol. No harm, no foul, since both forms of carrying... CC with a CPl and OC with, or without a CPL,... are legal.
Now... suppose a person with a CPL is walking along the street and purposefully pulls their jacket aside to show the gun to someone in order to intimidate or scare them... that is "brandishing" even though the gun didn't leave the holster because the intent was to intimidate or scare.
But there has been an Attorney General ruling that a properly holstered pistol in plain sight all by itself is NOT "brandishing".
As far as making a decision on which way to carry each day, CC or OC,... yep, we have the freedom to do that. I personally carry OC every day, all day long, everywhere I go that it is legal for me to do so since I made a lifestyle decision to OC.
But I also CC at the same time I OC ... and with my CPL that Concealed Pistol License also allows me to OC (but not CC) in almost all of the zones declared to be pistol free zones.
Please, please, go to the Michigan subforum to learn about how all these laws interact because it can be, and frankly is, confusing.
