Michigan Open Carry Laws


M

m.ritz

New member
Can anyone tell me where I can obtain a copy of Michigan's open carry laws? An electronic copy would be preferred.

Thanks in advance!
 

Here in WA there are no open carry laws; it's the lack of a law prohibiting it that makes it lawful.

For what do you need this?
 
Mainsail said:
Here in WA there are no open carry laws; it's the lack of a law prohibiting it that makes it lawful.

For what do you need this?
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In MI, I know we have always been able to open carry due to our state laws protecting our right to keep and bear arms and supporting the 2nd amendment. I do believe that there are SOME limitations to it though, such as a handful of places where it's not permitted. I know we have less "no carry" zones for open carry than for concealed carry, but there are still a few. I just don't know exactly where those are, so that's what I want to find out.
 
So here's something I don't get about states like Michigan with great open carry laws, but only while NOT in your car. So I can open carry in most public areas, but if I get in my car, I need to pull my gun out of the holster, remove the magazine and round in the chamber so I can keep them separated in the vehicle, and then put the gun in the trunk in a case and the rounds in the glove compartment. Then when I get to my destination, I have to pull out the gun and rounds, reload the gun and put it in the holster and put it on my hip. How is that not two counts of brandishing? I know if a cop sees me pull a gun from the trunk and lock and load, I am probably going to have a very unpleasant conversation. To be allowed to open carry (no permit necessary) in a car, you need.......a concealed weapons permit????? So while Michigan might be considered a "great" open carry state, they make it a real pain in the ass to actually carry it out.
 
In Michigan OC is legal almost anywhere - because there is no law against it. However, when in a vehicle it is considered "concealed" even if it is laying on the seat beside you in plain sight - as such falls under the Concealed Carry laws. Unless you hold a Concealed Pistol License (CPL) the firearm must be properly stored for transport. With a CPL it can be OC or CC legally in the vehical.

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dhardy57 said:
In Michigan OC is legal almost anywhere - because there is no law against it. However, when in a vehicle it is considered "concealed" even if it is laying on the seat beside you in plain sight - as such falls under the Concealed Carry laws. Unless you hold a Concealed Pistol License (CPL) the firearm must be properly stored for transport. With a CPL it can be OC or CC legally in the vehical.

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Click to expand...
And for those without a CPL (carry permit) ....

Do NOT handle the gun within the confines of the vehicle. Do NOT uncase/load/holster with the gun inside the vehicle .... like doing that inside the trunk/on or in the seat.

Leave the gun in the case... take the case out of the vehicle... and now uncase/load/holster. And do the same in reverse when unholstering/unloading/casing. In short... the only way that gun should be inside the vehicle is if it is already inside the case.

Also... take care not to cross that invisible line of "inside" or "outside" the vehicle after holstering by reaching into the vehicle to get a package or something.

No carry permit means the gun MUST be inside a case while inside the vehicle and before it goes in, or comes out.

And here is a fantastic source of info about the legal aspects of open carry in Michigan. For anyone contemplating openly carrying in Michigan I strongly suggest following the link below.

New? Start Here (Info only -- No Discussion Please)
 
immortalmusic said:
So here's something I don't get about states like Michigan with great open carry laws, but only while NOT in your car. So I can open carry in most public areas, but if I get in my car, I need to pull my gun out of the holster, remove the magazine and round in the chamber so I can keep them separated in the vehicle, and then put the gun in the trunk in a case and the rounds in the glove compartment. Then when I get to my destination, I have to pull out the gun and rounds, reload the gun and put it in the holster and put it on my hip. How is that not two counts of brandishing? I know if a cop sees me pull a gun from the trunk and lock and load, I am probably going to have a very unpleasant conversation. To be allowed to open carry (no permit necessary) in a car, you need.......a concealed weapons permit????? So while Michigan might be considered a "great" open carry state, they make it a real pain in the ass to actually carry it out.
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You got that right !!! They really need to simplify these laws .
 
dhardy and Bikenut,

I fully understand both of what you are saying. My point is that it is completely asinine. You (the state) are completely okay with me carry a gun in the open in a mall full of people or whatever, but in the confines of my car, while still being a law-abiding citizen who is legally allowed to have and carry a gun, not. That seems pointless and like they are trying to make open carry something that is not worth the hassle of doing the steps you mention. And Bikenut, I agree with you, but I also wonder how taking a gun out of a case outside your vehicle, let's say in a parking lot of a Walmart, and loading it, racking a round, and then holstering would not be considered brandishing. If I were just walking to the Walmart and unholstered my gun in the presence of a cop, I would probably be shot down in an instant. Just seems damn dumb. Seems to me that if you had a CPL and you were literally concealing under a jacket while in your car, you should have a CPL. But having it openly on a seat or in my shoulder holster doesn't make it concealed, just like if I go to a photo booth at the mall with an open carry, the booth doesn't make it a concealed carry. I just think they need to think the logistics through on this one.
 
immortalmusic said:
dhardy and Bikenut,

I fully understand both of what you are saying. My point is that it is completely asinine. You (the state) are completely okay with me carry a gun in the open in a mall full of people or whatever, but in the confines of my car, while still being a law-abiding citizen who is legally allowed to have and carry a gun, not. That seems pointless and like they are trying to make open carry something that is not worth the hassle of doing the steps you mention. And Bikenut, I agree with you, but I also wonder how taking a gun out of a case outside your vehicle, let's say in a parking lot of a Walmart, and loading it, racking a round, and then holstering would not be considered brandishing. If I were just walking to the Walmart and unholstered my gun in the presence of a cop, I would probably be shot down in an instant. Just seems damn dumb. Seems to me that if you had a CPL and you were literally concealing under a jacket while in your car, you should have a CPL. But having it openly on a seat or in my shoulder holster doesn't make it concealed, just like if I go to a photo booth at the mall with an open carry, the booth doesn't make it a concealed carry. I just think they need to think the logistics through on this one.
Click to expand...

What state DOESN'T have laws that don't make sense on any given issue? Dumb or not, the law in Michigan says that unless you have your CPL you cannot OC in your vehicle. The moment you enter your vehicle, the firearm is concealed for the purposes of law. The fact is that, even if you transport it in plain view on the seat beside you, until an officer reaches the point at which the firearm comes into view, it is concealed from his view. End of story. Now, you can carp and complain about that, or, if you are from MI, you can get into the fight and start raising cain with your legislators in Lansing.

As to brandishing, the law requires you to both secure and re-deploy your firearm in the parking lot of a business prior to entering or upon exiting your vehicle if you don't have your CPL; you are NOT guilty of brandishing. Brandishing, while undefined by MI law, generally means that you "wave or flourish (something, esp. a weapon) as a threat or in anger or excitement." Since the law requires you to store your firearm unloaded before you get in your vehicle if you OC without a CPL, and MI specifically permits you to store your firearm in your vehicle in the parking lot of a business, then as long as you aren't waving your firearm about in the process in what could be construed as a threatening manner, you aren't guilty of brandishing it as you load or unload it prior to securing or re-deploying it.
 
ezkl2230 said:
What state DOESN'T have laws that don't make sense on any given issue? Dumb or not, the law in Michigan says that unless you have your CPL you cannot OC in your vehicle. The moment you enter your vehicle, the firearm is concealed for the purposes of law. The fact is that, even if you transport it in plain view on the seat beside you, until an officer reaches the point at which the firearm comes into view, it is concealed from his view. End of story. Now, you can carp and complain about that, or, if you are from MI, you can get into the fight and start raising cain with your legislators in Lansing.

As to brandishing, the law requires you to both secure and re-deploy your firearm in the parking lot of a business prior to entering or upon exiting your vehicle if you don't have your CPL; you are NOT guilty of brandishing. Brandishing, while undefined by MI law, generally means that you "wave or flourish (something, esp. a weapon) as a threat or in anger or excitement." Since the law requires you to store your firearm unloaded before you get in your vehicle if you OC without a CPL, and MI specifically permits you to store your firearm in your vehicle in the parking lot of a business, then as long as you aren't waving your firearm about in the process in what could be construed as a threatening manner, you aren't guilty of brandishing it as you load or unload it prior to securing or re-deploying it.
Click to expand...

But your point that I highlighted is part of why this doesn't make sense. So simply because the officer can't see your weapon makes it "concealed"? So what I stated about being in a photo booth, or if my open carry side is not facing an officer, or if I am standing behind a counter and my gun is not plainly showing I am concealing. That is the logic behind the law and your statement. I guess that's why I think this is dumb.

Luckily I am stationed in Quantico, VA where they don't give a crap about the lib agenda and love us open carry people (except Fairfax county). I was just posting this to see if I could find a logical explanation for this seemingly obvious negative loophole. And besides, what is the point of a blog site if not to ***** about stuff??
 
immortalmusic said:
dhardy and Bikenut,

I fully understand both of what you are saying. My point is that it is completely asinine. You (the state) are completely okay with me carry a gun in the open in a mall full of people or whatever, but in the confines of my car, while still being a law-abiding citizen who is legally allowed to have and carry a gun, not. That seems pointless and like they are trying to make open carry something that is not worth the hassle of doing the steps you mention. And Bikenut, I agree with you, but I also wonder how taking a gun out of a case outside your vehicle, let's say in a parking lot of a Walmart, and loading it, racking a round, and then holstering would not be considered brandishing. If I were just walking to the Walmart and unholstered my gun in the presence of a cop, I would probably be shot down in an instant. Just seems damn dumb. Seems to me that if you had a CPL and you were literally concealing under a jacket while in your car, you should have a CPL. But having it openly on a seat or in my shoulder holster doesn't make it concealed, just like if I go to a photo booth at the mall with an open carry, the booth doesn't make it a concealed carry. I just think they need to think the logistics through on this one.
Click to expand...

I think the issue is more about making the firearm less accessible to a non-CPL holder while in the vehical. If a LEO has pulled you over at night or even during the day they do not want you to have ready access to a firearm because they cannot immediately see if you are armed or not. It becomes a matter of safety. In Michigan your car license tags tell an officer that the owner is a CPL holder before they ever leave their vehical to approach you. In addition, you are required to announce that you are a CPL holder and if you are currently armed as you initial statement to the officer. Same principle applies if you are OC in broad day light but it is 20° F outside, you cannot wear a coat that hides the OC weapon, even though it may be plainly visible when you take off the coat unless you have a CPL. Wearing a coat makes it "concealed".

Sent from my SPH-L900 using Tapatalk
 
immortalmusic said:
dhardy and Bikenut,

I fully understand both of what you are saying. My point is that it is completely asinine. You (the state) are completely okay with me carry a gun in the open in a mall full of people or whatever, but in the confines of my car, while still being a law-abiding citizen who is legally allowed to have and carry a gun, not. That seems pointless and like they are trying to make open carry something that is not worth the hassle of doing the steps you mention. And Bikenut, I agree with you, but I also wonder how taking a gun out of a case outside your vehicle, let's say in a parking lot of a Walmart, and loading it, racking a round, and then holstering would not be considered brandishing. If I were just walking to the Walmart and unholstered my gun in the presence of a cop, I would probably be shot down in an instant. Just seems damn dumb. Seems to me that if you had a CPL and you were literally concealing under a jacket while in your car, you should have a CPL. But having it openly on a seat or in my shoulder holster doesn't make it concealed, just like if I go to a photo booth at the mall with an open carry, the booth doesn't make it a concealed carry. I just think they need to think the logistics through on this one.
Click to expand...

Since when was LOGIC the primary concern for a politician? If THAT were the case, we would have Constitutional carry.
 
immortalmusic said:
But your point that I highlighted is part of why this doesn't make sense. So simply because the officer can't see your weapon makes it "concealed"? So what I stated about being in a photo booth, or if my open carry side is not facing an officer, or if I am standing behind a counter and my gun is not plainly showing I am concealing. That is the logic behind the law and your statement. I guess that's why I think this is dumb.

Luckily I am stationed in Quantico, VA where they don't give a crap about the lib agenda and love us open carry people (except Fairfax county). I was just posting this to see if I could find a logical explanation for this seemingly obvious negative loophole. And besides, what is the point of a blog site if not to ***** about stuff??
Click to expand...
Ok....here is the actual law..

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.227 Concealed weapons; carrying; penalty.

Sec. 227.

(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.

(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

So the part I put in bold for emphasis refers to merely having a pistol in a vehicle operated or occupied by the person.

So it isn't about whether the gun being in the car makes the gun "concealed"... this law says it is illegal for a person without a carry permit to have a gun in a vehicle "concealed or otherwise".

In the interest of full disclosure... I am not an attorney nor did I stay at Holiday Inn last night.
 
Bikenut said:
....So it isn't about whether the gun being in the car makes the gun "concealed"... this law says it is illegal for a person without a carry permit to have a gun in a vehicle "concealed or otherwise".
Click to expand...

I think that is what we have been saying - Without a CPL, you may not carry OC or CC in a vehical or even have the firearm immediately available - the reason is because it is considered "concealed".

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