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Detroit News - Michigan law requires open carry in some venues

sprinklerguy28

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Dec 9, 2009
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Michigan
Open-carry defenders aim to educate
But some want lawmakers to set more limits on where unconcealed handguns are allowed
Steve Pardo / The Detroit News

Roseville — Scott Webb's final act before he left for the grocery store on Thursday was to pick up a handgun and strap it to his waist — a routine he's followed for 14 years.
Scott is the president of the Michigan chapter of Open Carry Inc., a pro-gun lobby whose goal, members say, is to educate residents and even law enforcement on the right to carry an unconcealed weapon in public. The state has always allowed people to carry a firearm — with a few exceptions — but awareness is growing as the group continues to challenge municipalities that try to limit people from walking around with a gun.

. . .


The laws can be confusing and changes would need to come from the state. A person can carry a handgun, if it's exposed in full view and holstered, everywhere except a bank, house of worship, court, theater, sports arena, day care center, hospital or a bar. Those places also are off-limits to a person with a concealed pistol license who has their weapon hidden. But a person with a concealed pistol license is exempt from the restrictions and can carry a gun into those places, if the weapon is not concealed.

From The Detroit News: http://detnews.com/article/20110107/METRO/101070373/Open-carry-defenders-aim-to-educate
 
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Venator

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All right who said this because I sure didn't. Even though they state I did.

"Open carry is the right that is enumerated in the Second Amendment of the U.S. Constitution," said Brian Jeffs, a Clinton County resident who authored a children's book entitled "My Parents Open Carry."
"If you look at the time of our founding fathers and look at their perspective on arms, they were clearly talking about openly carried arms. Only cads and scoundrels carried concealed weapons."

This is a frighting quote, even unconstitutional ones Officer?


"We enforce the laws the Legislature enacts," Maike said. "It's legal in the state of Michigan. If the Legislature chooses to change the law, we'll enforce any law they've written."


From The Detroit News: http://detnews.com/article/20110107...-carry-defenders-aim-to-educate#ixzz1AM8VNhfv

 

scot623

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Eastpointe, Michigan, USA
I suppose it IS their job to enforce the Law as written. My radar didn't go off when I read that. Overall, a good article. Only a couple factual inaccuracies. The most glaring error is that Cities aren't asking for a ban on open carry at events, they want it to be illegal to carry ALL guns, open or concealed at events. That's kind of a big deal as it once again plays the concealed guys against us.
 
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quarter horseman

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Aug 25, 2008
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Allegan co Michigan, USA
we'll enforce any law they've written[/B]."


I didnt like that statement either, how about enforce constitutional laws insted. That comment (any law they've written) in my opinion believe most LEA's would do that very thing.
 
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cmdr_iceman71

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Mar 16, 2010
Messages
409
Location
Detroit, Michigan, USA
One of the obvious questions that wasn’t asked when bringing up the matter of imposing more restrictions on where law abiding citizens can openly carry their handguns is:"Have we OCers been so much of a problem in the past that we need more legal restrictions to hem us in?"

To a degree, I could understand if there has been an influx of gun related violence due to otherwise law abiding citizens who choose to open carry acting up in public, given that its awareness is rising. But that hasn’t been the case, the presence of a firearm doesn’t make law abiding citizens suddenly go berserk.

Notice too, that the mass regular citizenry isn’t clamoring for any change regarding open carry, this is nothing more than a few anti-gun, Leftist, elitist, politicians proposing to solve a problem that doesn’t exist.
 

TheQ

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Lansing, Michigan
This article was listed in today's Gongwer distribution. Gongwer is a news service that caters to people and State Government and those who want to stay abreast of State Government. MANY many State employees and officials get a Gongwer email each day.
 

smellslikemichigan

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Jun 16, 2008
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Troy, Michigan, USA
I suppose it IS their job to enforce the Law as written. My radar didn't go off when I read that. Overall, a good article. Only a couple factual inaccuracies. The most glaring error is that Cities aren't asking for a ban on open carry at events, they want it to be illegal to carry ALL guns, open or concealed at events. That's kind of a big deal as it once again plays the concealed guys against us.

another factual inaccuracy is that WITH a CPL you CAN conceal OR OC in a bank
 

PDinDetroit

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SE, Michigan, USA
H/T dougwg (MGO Posting)

I posted this at the site:

Please note that the 3rd Picture showing Open vs. Concealed Carry is wrong. The Open Carry Picture should be showing a firearm carried OWB (Outside Waist Band) instead of IWB (Inside Waist Band). Currently, IWB Open Carry is a "gray area" and most MI Courts consider this CONCEALED. Carrying in this way without a CPL will most likely get you in trouble.
 

PDinDetroit

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Yes, I read them, and you did very well. The post where you went straight to the point in dispelling the same old tired myths about open carry, it was like three smashing K.O. blows against ignorance. Well done sir!

I loved your post (paraphrased): "Is this currently a problem?"
 

DanM

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Jul 11, 2008
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West Bloomfield, Michigan, USA
This is a [frightening] quote, even unconstitutional ones Officer?

"We enforce the laws the Legislature enacts," Maike said. "It's legal in the state of Michigan. If the Legislature chooses to change the law, we'll enforce any law they've written."

That MSP spokesperson is completely wrong. They are not sworn to "enforce any law written". MI Constitution, Article XI, Section 1 "Oath of public officers":

All officers, legislative, executive and judicial, before entering upon the duties of their
respective offices, shall take and subscribe the following oath or affirmation: I do solemnly
swear (or affirm) that I will support the Constitution of the United States and the constitution
of this state, and that I will faithfully discharge the duties of the office of . . . . . . . . . . . . . . . . . .
according to the best of my ability. No other oath, affirmation, or any religious test shall be
required as a qualification for any office or public trust.

If a law is written that is not in accordance with the Constitution of the United States or the constitution of Michigan, it is a "faithful discharge" of duty to not enforce it and take your concerns about it up the chain of command.

I was in the military, and we had a similar oath. We were told often that we had a duty not to obey orders, rules of engagement, or any other form of direction if it were illegal or otherwise violated our oath. If we did, we were told, we would be subject to criminal punishment.

The MSP, or at least this spokesperson, is in need of a refresher on that concept.
 

PDinDetroit

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Jun 20, 2009
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SE, Michigan, USA
That MSP spokesperson is completely wrong. They are not sworn to "enforce any law written". MI Constitution, Article XI, Section 1 "Oath of public officers":

If a law is written that is not in accordance with the Constitution of the United States or the constitution of Michigan, it is a "faithful discharge" of duty to not enforce it and take your concerns about it up the chain of command.

I was in the military, and we had a similar oath. We were told often that we had a duty not to obey orders, rules of engagement, or any other form of direction if it were illegal or otherwise violated our oath. If we did, we were told, we would be subject to criminal punishment.

The MSP, or at least this spokesperson, is in need of a refresher on that concept.

I believe Autosurgeon has a relationship with this person due to his work on MSP Update #86. I am sure he can get the message across to her...
 

Venator

Anti-Saldana Freedom Fighter
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Jan 10, 2007
Messages
6,462
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Lansing area, Michigan, USA
I suppose it IS their job to enforce the Law as written. My radar didn't go off when I read that. Overall, a good article. Only a couple factual inaccuracies. The most glaring error is that Cities aren't asking for a ban on open carry at events, they want it to be illegal to carry ALL guns, open or concealed at events. That's kind of a big deal as it once again plays the concealed guys against us.
You must become more cynical:D They are supposed to enforce constitutional laws. If Michigan created a law that told MSP to shoot all 38 year old males the OC, would MSP enforce that law and shoot??? That was my only point.

If you mean it was a good article in the fact that I never said what they quoted me as saying then I guess.
 
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