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OC in Michigan on Private Property
- Thread starter Titleist
- Start date
thebigsd
Founder's Club Member
Welcome to OCDO!!! Stick around and you will learn a lot!!!! I recommend that you repost this in the Michigan forum here:
http://forum.opencarry.org/forums/forumdisplay.php?106-Michigan
You are more likely to get an accurate response there.
http://forum.opencarry.org/forums/forumdisplay.php?106-Michigan
You are more likely to get an accurate response there.
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stainless1911
Banned
What kind of private property? A store, your store? A home/yard, your home/yard? CPL?
Welcome =D
Welcome =D
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It would be my home, in the front yard \ porch area.
I had someone come to my door this morning who was openly carrying. I have nothing against open carry, it just made me think what kind of recourse does someone have when another individual brings a weapon onto their property.
I had someone come to my door this morning who was openly carrying. I have nothing against open carry, it just made me think what kind of recourse does someone have when another individual brings a weapon onto their property.
thebigsd
Founder's Club Member
Was this someone you knew or a stranger that came to your door armed?
eastmeyers
Regular Member
The pistol doesn't change anything, you can ask someone to leave your property for whatever reason you want. Whether that be because they are wearing a blue shirt on a Tuesday, or because they have a Ruger Security Six on their hip. Just like they don't have to ask permission to come onto your property to come to knock on your door (unless you have up signs, saying no trespassing, a fence, and such), if they are wearing a blue shirt on a Tuesday, or have a Ruger Security Six on their hip. But if you ask them to leave they must.
I Am Not A Lawyer ***IANAL***
I Am Not A Lawyer ***IANAL***
Big Gay Al
Michigan Moderator
As I understand it, you can OC on someone else's private property, until they ask you not to.
stainless1911
Banned
Why does it bother you? If he were a criminal, he wouldnt be openly carrying.
TheQ
Regular Member
I don't think this is always an accurate statement.
stainless1911
Banned
Odds are pretty slim.
Haman J.T.
New member
True! Except for homocidal maniacs,most BGs are cowards and shun any type of attention from good guys(the public and or LEOs)!
The gun is not relevant. I can OC on your property. The only redress you have is to trespass me. You can ask a person to leave your private property for any reason (or no reason). If your property is a public accommodation engaged in interstate commerce, you cannot discriminate based on race, color, religion, or national origin. You can discriminate based on whether or not they are practicing their 2nd amendment.
Big Gay Al
Michigan Moderator
Which even former New Jersey Superior Court Judge Andrew Napolitano, says isn't right. Imagine that, a Libertarian from New Jersey!!
WilDChilD
Regular Member
I dont think Titleist liked the answers you guys were giving him. I think he wanted to do something about it and once he found out he couldnt he left. He must have been scared by the sight of a holstered firearm. If you asked him he would say he doesnt BELIEVE in guns.
stainless1911
Banned
Thats what i thought too.
While I agree gun ownership and possession should be a natural right, I don't agree with the Judge's position on private property rights. I believe that land owners (or their agents) should have near absolute authority over who and what they permit on their private property, even if it's a public accommodation, and even if it's contrary to the visitors natural rights.
So if someone wants to kick a person off their property because they are __________ (fill in the blank with anything), they should be permitted to do so. Of course, they will have to live with the blowback from that decision.
CoonDog
Regular Member
Napolitano isn't a libertarian precisely because of his stance on private property. In his mind, it's ok for the state to initiate aggression against the shop owner when the shop owner chooses to practice freedom of association. Why he can identify .gov abuses and corruption in so many areas but fail to see the .gov abuse in this issue, I have no idea.
stainless1911
Banned
Because people should be able to keep the rights that they were born with.
ManInBlack
Regular Member
One of which is the inalienable right to property. I believe in the adage that, "your right to swing your fist ends at the tip of my nose." I would never ban someone from my property for carrying, but if I am to be allowed to ban people for reasons that I see fit, others must be allowed to do so. My property is sacrosanct.
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