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ezkl2230
Guest
Bills HB 5091/5092 finally define brandishing. MI law prohibits brandishing, but never defined the word. It is this lack of a definition that has been the weapon use by anti-OC forces in Michigan to attack this right. Since there is no official definition, the courts have to rely on the dictionary definition - so in the case of the Capitol Area District Libraries who were suing to prohibit OC in the library, the dictionary definition they found not only defined brandishing as waving or displaying a firearm in a threatening manner, it also included "ostentatious display" as part of the definition. Using this definition, the attorneys for CADL argues that OC constitutes the ostentatious display of a firearm and should be prohibited under the state's brandishing law.
HB 5092 defines brandishing as:
This definition finally takes the wind out of the sails of several in Michigan who have tried to classify OC as brandishing.
HB 5091 allows for brandishing in necessary self-defense or defense of another:
Now on to the state senate.
HB 5092 defines brandishing as:
(C) "BRANDISH" MEANS TO POINT, WAVE ABOUT, OR DISPLAY IN ATHREATENING MANNER WITH THE INTENT TO INDUCE FEAR IN ANOTHER PERSON.
This definition finally takes the wind out of the sails of several in Michigan who have tried to classify OC as brandishing.
HB 5091 allows for brandishing in necessary self-defense or defense of another:
Sec. 234e. (1) Except as provided in subsection (2), a person shall not WILLFULLY AND knowingly brandish a firearm in public.
(2) Subsection (1) does not apply to any EITHER of the following:
(a) A peace officer lawfully performing his or her duties as a
peace officer.
(B) A PERSON LAWFULLY ACTING IN SELF-DEFENSE OR DEFENSE OF
ANOTHER UNDER THE SELF-DEFENSE ACT, 2006 PA 309, MCL 780.971 TO
780.974.
Now on to the state senate.