Mike
Site Co-Founder
http://www.lansingstatejournal.com/...etation?odyssey=mod|newswell|text|FRONTPAGE|s
It should come as no surprise that, in response to Saturday's column, a platoon of open carry enthusiasts marched forward to shoot down attorney Shannan Kane's interpretation of the state law against "brandishing" a gun.
. . .
• From Mike Stollenwerk, co-founder of OpenCarry.org: "Properly holstered handguns have never (been) construed as 'brandished' in any state. And open carry is legal in 43 states (even California), usually without any permit, at age 18.
"The Michigan state police believe that open carry is legal in Michigan, and the U.S. Supreme Court has held that open carry is constitutionally protected ..."
. . .
• From John Pierce, co-founder and spokesman for OpenCarry.org: "... Ms. Kane should have been aware ... as a member in good standing of the Michigan Bar ... that Attorney General (Jennifer) Granholm addressed, and dismissed, this particular issue in a 2002 opinion ...
"I should note that a thorough search of published and unpublished Michigan cases (all of which are as available to Ms. Kane as they are to me) does not yield a single prosecution for brandishing that did not involve the firearm being out of the holster, in the hand, and used to threaten or intimidate.
"By reporting her opinion as uncontroverted fact, Ms. Kane is harming the public by creating a chilling effect upon the exercise of a right that, as you noted, is well established in Michigan ..."
It should come as no surprise that, in response to Saturday's column, a platoon of open carry enthusiasts marched forward to shoot down attorney Shannan Kane's interpretation of the state law against "brandishing" a gun.
. . .
• From Mike Stollenwerk, co-founder of OpenCarry.org: "Properly holstered handguns have never (been) construed as 'brandished' in any state. And open carry is legal in 43 states (even California), usually without any permit, at age 18.
"The Michigan state police believe that open carry is legal in Michigan, and the U.S. Supreme Court has held that open carry is constitutionally protected ..."
. . .
• From John Pierce, co-founder and spokesman for OpenCarry.org: "... Ms. Kane should have been aware ... as a member in good standing of the Michigan Bar ... that Attorney General (Jennifer) Granholm addressed, and dismissed, this particular issue in a 2002 opinion ...
"I should note that a thorough search of published and unpublished Michigan cases (all of which are as available to Ms. Kane as they are to me) does not yield a single prosecution for brandishing that did not involve the firearm being out of the holster, in the hand, and used to threaten or intimidate.
"By reporting her opinion as uncontroverted fact, Ms. Kane is harming the public by creating a chilling effect upon the exercise of a right that, as you noted, is well established in Michigan ..."
