imported post
I am seeing a lot of confusion on two separate actions here: mandatory disclosure MCL 28.425f(3) and complying with a police officer's request MCL 28.425f(2).
28.425f(2) states "An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall both of the following to a peace officer upon request by that peace officer. (a) His or her license to carry a concealed pistol. (b) His or her drivers license or Michigan personal identification card."
28.425f(3) states "An individual under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a police officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon her or her person or in his or her vehicle."
Here's the sticky point I see in the language, if a peace officer requests your identification and you were carrying concealed then you have already violated 28.425f(3) because you did not immediately disclose. However, it is possible to say "Officer, I am carrying concealed" (disclosure) and not show your identification at that point. Then the officer could request to see your CPL and DL.
Here's the reality of the situation, if you stopped on your own property and you are carrying concealed, do not disclose, the officer won't charge with the law that provides you a complete defense. He is more likely to charge you with what will stick. It is difficult if not near impossible to go into court and argue that while my client violated this statute, that statute provided him with an out. Courts do not always work the way that common sense would suggest. It is a flaw in the legal system, but one that is known about. I see no harm in be honest, forthright, and respectful of an officer's sense of security by informing him first and putting the officer at ease and ending the encounter quickly and inexpensively as possible. (I know not a great statement for my business interests). I don't think one should distinguish about the locale at that moment but rather err on the side of caution and the pocketbook and leave the real battles where they belong (i.e. cleaning up local ordinances, educating officers about open carry and its legality, etc).
