Page 1 of 6 123 ... LastLast
Results 1 to 25 of 150

Thread: Open Carry on Sling - Need Help

  1. #1
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    40

    Post imported post

    New to the forum and need some help on whats legal as far as OC. Can I carry my AK pistol open carry on a sling rather than in a holster legally. I have read alot of the laws and know that by open carrying in a holster is the opinion that its not brandishing but what about carrying open with a sling rather than a holster. I called MI State Police, attorney general and nobody can tell me what the law is on if I can open carry on a sling so can someone please help me clear that up? I have a CPL as well and I like to carry my AR15 pistol or AK Pistol but they dont make a holster - just a sling.

    Thanks!!

  2. #2
    Regular Member kyleplusitunes's Avatar
    Join Date
    Aug 2009
    Location
    Lennon Michigan, ,
    Posts
    533

    Post imported post

    just curious, what everyday self defense purpose would it serve to carry one of these?

    This has been a pretty heated debate around this forum, and I think the general consensus, is, you can do it, but you can do a lot of stuff in life, that doesn't mean you should.

  3. #3
    Campaign Veteran Glock9mmOldStyle's Avatar
    Join Date
    Apr 2010
    Location
    Taylor, Wayne County, Michigan, USA
    Posts
    2,047

    Post imported post

    Good question? I'm sure one of our GURU's will be along in short order to help you out. Welcome to OCDO
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

  4. #4
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    40

    Post imported post

    I work in Detroit and its a great deturrant. I just wanted to know if that was my right to carry that way. I understand maybe its not a good idea but that wasnt the question. Question is it legal? Some like to carry a .32 berretta, other a .50 Cal Desert Eagle... Different strokes for different folks right? Not trying to be funny just wanted to know my rights.

  5. #5
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    40

    Post imported post

    Hey thanks!! I hope I can get someone to help me out. I am a law abiding man with a family and I want to follow the rules!!! Thanks!!



  6. #6
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    Legal!

  7. #7
    Regular Member kyleplusitunes's Avatar
    Join Date
    Aug 2009
    Location
    Lennon Michigan, ,
    Posts
    533

    Post imported post

    You can absolutely carry a long arm over your shoulder, again, walk around detroit with this thing and I bet you won't be walking around detroit long.

    We have plenty of members who have a hard enough time carrying a holstered pistol, on their hip, let alone ice cubes magical death gun.

  8. #8
    Campaign Veteran Glock9mmOldStyle's Avatar
    Join Date
    Apr 2010
    Location
    Taylor, Wayne County, Michigan, USA
    Posts
    2,047

    Post imported post

    http://www.youtube.com/watch?v=Yilyt...eature=related

    I know long gun carry is okay (see video), but I'd get multiple cites on the law so you don't get jammed up.
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

  9. #9
    Regular Member kyleplusitunes's Avatar
    Join Date
    Aug 2009
    Location
    Lennon Michigan, ,
    Posts
    533

    Post imported post

    also, this is OpenCarry.org's mission statement

    OpenCarry.org
    A pro-gun Internet community focused on the right to openly carry properly holstered handguns in daily American life

  10. #10
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    40

    Post imported post

    I was on the ground laughing so hard because of your reply. Ice cubes death gun - Lol. I appreciate the advice but again, its a pistol, not a long rifle but a pistol.

  11. #11
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    40

    Post imported post

    I will watch the video some time later today and I dont want to get jammed up so I appreciate the post - again. Also, please all know that I am not trying to be an idiot or something. I like the gun what can I say. Thus the questions - I am not asking for opinions but the law. I would imagine though that LEO wouldnt be as kind asif I was carrying a glock or something.

  12. #12
    Regular Member kyleplusitunes's Avatar
    Join Date
    Aug 2009
    Location
    Lennon Michigan, ,
    Posts
    533

    Post imported post

    im just curious, have you even open carried a traditional pistol before?

  13. #13
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    40

    Post imported post

    I apologise but I am not sure what you mean when you say traditional pistol sir. Please explain.

  14. #14
    Regular Member kyleplusitunes's Avatar
    Join Date
    Aug 2009
    Location
    Lennon Michigan, ,
    Posts
    533

    Post imported post

    nevermind, best of luck!

  15. #15
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    40

    Post imported post

    If you mean a Glock, 1911etc... then yes, for over 20 years.

  16. #16
    Campaign Veteran Glock9mmOldStyle's Avatar
    Join Date
    Apr 2010
    Location
    Taylor, Wayne County, Michigan, USA
    Posts
    2,047

    Post imported post

    Well the law says "holstered" pistol. Maybe you can fab one up. Again I am no expert but if you did then I would assume you & your AK/AR pistol would be in compliance with the law as it stands today.


    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

  17. #17
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    40

    Post imported post

    Thanks for the post. Can you send me anything or a link to where the law states it must be holstered.



  18. #18
    Campaign Veteran Glock9mmOldStyle's Avatar
    Join Date
    Apr 2010
    Location
    Taylor, Wayne County, Michigan, USA
    Posts
    2,047

    Post imported post

    http://www.miopencarry.org/moc_files/brochure.pdf

    Read this PDF file above it gives all the needed references to the laws in question. Plus I always carry a couple for those under informed LEO's out there.
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

  19. #19
    Regular Member Taurus850CIA's Avatar
    Join Date
    Jun 2008
    Location
    , Michigan, USA
    Posts
    1,071

    Post imported post

    Glock9mmOldStyle wrote:
    Well the Attorney General Opinion says "holstered" pistol. Maybe you can fab one up. Again I am no expert but if you did then I would assume you & your AK/AR pistol would be in compliance with the law as it stands today.

    Fixed.
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

  20. #20
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    40

    Post imported post

    I saw it out there and thanks again!

    I will make sure that I have it on the sling but also fab a holster some how.

    Thanks!!

  21. #21
    Regular Member
    Join Date
    Jul 2009
    Location
    Near Lapeer (Hadley), Michigan, USA
    Posts
    932

    Post imported post

    Glock9mmOldStyle wrote:
    Well the law says "holstered" pistol.

    cite please?

    The law does not specify how a gun is to be carried.

    There is an attorney general opinion that tries to explain what brandishing is.

    In the absence of any reported Michigan appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions. People v Denio, 454 Mich 691, 699; 564 NW2d 13 (1997). According to The American Heritage Dictionary, Second College Edition (1982), at p 204, the term brandishing is defined as: "1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. –n. A menacing or defiant wave or flourish." This definition comports with the meaning ascribed to this term by courts of other jurisdictions. For example, in United States v Moerman, 233 F3d 379, 380 (CA 6, 2000), 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."
    the opinion goes on to say that a pistol in a holster is not brandishing.

    here is the link: http://www.ag.state.mi.us/opinion/da...0s/op10176.htm
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  22. #22
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    40

    Post imported post

    I agree, I dont think the law specifies how the gun should be carried but because its of the opinion that brandishing constitues you carrying it in a menacing manner (ostentatiously) then I may just get charged. Probably not a good idea. What would you think if you saw a guy strapped with an AK Pistol on his back shopping at Kroger or the Mall or something. I know, I know, probably NOT a good idea but then again I was only interested to find out if its legal or not.

  23. #23
    Campaign Veteran Glock9mmOldStyle's Avatar
    Join Date
    Apr 2010
    Location
    Taylor, Wayne County, Michigan, USA
    Posts
    2,047

    Post imported post


    Thanks for the assist Taurus850CIA

    "the opinion goes on to say that a pistol in a holster is not brandishing."

    I was suggesting the holster to take another variable out of the equation for the ill informed members of DPD he may run into. Again I'm no expert just trying to help another new guy like myself out here.

    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

  24. #24
    Campaign Veteran Glock9mmOldStyle's Avatar
    Join Date
    Apr 2010
    Location
    Taylor, Wayne County, Michigan, USA
    Posts
    2,047

    Post imported post

    For all: From MOC PDF I linked OP to:

    What is Brandishing?
    A.G.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. JENNIFER M. GRANHOLM,
    Attorney General


    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

  25. #25
    Regular Member
    Join Date
    Jun 2010
    Location
    , ,
    Posts
    40

    Post imported post

    This is the key phrase here: "displayed in a threatening
    manner". If I had seen someone with an AK Pistol or AR 15 Pistol strapped to thier back then it could go either way especially if its left up ti ill informed LEO. I would say its probably not reccomended huh??

    Most people would consider that "threatening manner " Do you agree or NOT???

Page 1 of 6 123 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •