Need holster to open carry

[apate1231]

I was wondering if I have to use a holster to open carry in Michigan? Or can I use a clip on the side of my handgun?

 

[SR9]

For safety reasons I would recommend a holster, if for just to guard your trigger from unintended firing. Whether it be by you or someone else.

 

[Banjarmon]

I would ALWAYS use some type of Trigger guard. It may be your body parts that are SHOT if you do not use a guard!

 

[foxytwo]

Use a nice leather holster that looks good with your pistol and you will feel a lot better.

 

[bofh]

I was wondering if I have to use a holster to open carry in Michigan? Or can I use a clip on the side of my handgun?

First of all, welcome to the forum.

The question I have is: What are you trying to accomplish? I am assuming that some thought went into this post. Please provide some details to get a more detailed response. As you can see, the given responses talked about if you should use a holster not if you have to. For example, are you planning to open carry without a CPL? How do you plan to carry the gun with the clip? What type of gun are you planning to carry? Do you have anything against using a holster?

 

[SR9]

Check out the options you get at The Holster Store: Leather Gun Holsters & Concealed Carry Holsters . best to search by the make and model of your gun. They will list a great selection and the prices are good. Shipping is fast. I got mine in 4 days. US made of US materials in Florida.

 

[Quiet Observer]

This is from the Michigan State Police. It does not address holsters which would indicate that one is not specifically needed, if certain conditions are met. Still you could have problems depending how much, or little, or the gun is exposed. An OWB holster may be practical.

Open carry of firearms
In Michigan, it is legal for a person to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed. You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm.

michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf

On the other hand having the only partially exposed, as in IWB holster, could be a problem. In 1996 STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, v CURTIS PHILLIPS, the court said in part.

Defendant appeals from his bench trial conviction for carrying a concealed weapon, MCL 750.227; MSA 28.424. Defendant was sentenced to two years probation: we affirm.

Defendant argues that the evidence was insufficient to prove beyond a reasonable doubt that he “concealed” a handgun because the arresting officers could see the butt of a gun protruding from his waistband. We disagree.

To determine whether a rational trier of fact could have found that the essential elements of the crime were proven beyond a reasonable doubt, this Court views the evidence in the light most favorable to the prosecution. People v Wolfe, 440 Mich 508, 515; 489 NW2d 748 (1992). A conviction for carrying a concealed weapon without a license requires proof that the accused concealed a dangerous weapon. People v Pickett, 21 Mich App 246, 248; 175 NW2d 347 (1970). Concealment is a question of fact and exists when the weapon is “not discernible by the ordinary observation of [those] coming in contact with [the accused], casually observing him, as people do in the ordinary and usual associations of life.” People v Johnnie W Jones, 12 Mich App 293, 296; 162 NW2d 847 (1968).

Frequently Asked Questions (FAQ) | Michigan Open Carry, Inc.

If your clip keeps most of the gun inside your waist band, you could be subject to arrest, based on the above. If you have a Michigan concealed carry permit or one from another state that Michigan recognizes, it appears that you would be legally carrying.

The MichiganOpenCarry.org site above also addresses out of state visitors open carrying.

15. I don't live in Michigan. Can I open carry in Michigan?

It depends. MCL 28.422 states:


(1) Except as otherwise provided in this act, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.

There is a relevant exception to this listed in subsection (8):


(8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following conditions apply:
(a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
(b) The individual is in possession of the license described in subdivision (a).
(c) The individual is the owner of the pistol he or she possesses, carries, or transports.
(d) The individual possesses the pistol for a lawful purpose as that term is defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a. (Editor's note: MCL 750.231a was modified by PA 427 of 2012 which removed this definition so this language is a left-over that needs to be cleaned up by the legislature)
(e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.

 

[XD40scinNC]

Cover the trigger, from fingers, clothing, and anything else that could interface with the trigger.