Open Carry in Michigan...

S

samuelcwade

Sid0618
Hello to all my fellow members, I was arrested for open carry in detroit, in which they say I was carrying partial concealed because of the type of holster that I had, which was a uncle mikes in the pants holster but the holster was not in my pants it was cliped on my belt, but in between my pants and belt in clear public view and the said that that was partial concealment. Do anyone know if this true or not, and even if partial concealment is even a law? any help would be great, as well as and legal help like any good attorneys or any other information that would help. THANKS in Advance!!
 
samuelcwade said:
Hello to all my fellow members, I was arrested for open carry in detroit, in which they say I was carrying partial concealed because of the type of holster that I had, which was a uncle mikes in the pants holster but the holster was not in my pants it was cliped on my belt, but in between my pants and belt in clear public view and the said that that was partial concealment. Do anyone know if this true or not, and even if partial concealment is even a law? any help would be great, as well as and legal help like any good attorneys or any other information that would help. THANKS in Advance!!
Click to expand...

Makes me wonder how many drug deals went down while Detroits finest were taking you down. What a bunch of crap! The last time I was in Detroit was in 1983, and myself and a friend were mugged at gunpoint.:mad: All we were trying to do is get to the MEPS station to get our physicals to join the service! I am sorry that that happened to you and really don't know what advice to give, but hope and pray all comes out ok with your situation.
 
samuelcwade said:
Hello to all my fellow members, I was arrested for open carry in detroit, in which they say I was carrying partial concealed because of the type of holster that I had, which was a uncle mikes in the pants holster but the holster was not in my pants it was cliped on my belt, but in between my pants and belt in clear public view and the said that that was partial concealment. Do anyone know if this true or not, and even if partial concealment is even a law? any help would be great, as well as and legal help like any good attorneys or any other information that would help. THANKS in Advance!!
Click to expand...
Well, I don't think they can actually charge you with "partial concealment." But I'd say get a lawyer, and fight it. From your description, I don't think it would be considered concealed. Except of course, by some moron of a DPD officer. But that's just my opinion. :)
 
Sounds like the Detroit PD is messing with you.. On a side note an incident here in BC back in the early 70's involved a guy that was tagged because his gun was in a full holster, at one time it was considered CC if the bottom of the holster was not open!!!

Things have changed a lot since then but try the Michigan Gun Owners web site and find Jim Simmons in the leagal section, he is one of the gun friendly lawyers in the area.....
 
Get a lawyer. You don't want this on your record if they were incorrect. I do not agree with open carry, but if you do it you have legal obligations to yourself and the ones around you.
 
samuelcwade said:
Hello to all my fellow members, I was arrested for open carry in detroit, in which they say I was carrying partial concealed because of the type of holster that I had, which was a uncle mikes in the pants holster but the holster was not in my pants it was cliped on my belt, but in between my pants and belt in clear public view and the said that that was partial concealment. Do anyone know if this true or not, and even if partial concealment is even a law? any help would be great, as well as and legal help like any good attorneys or any other information that would help. THANKS in Advance!!
Click to expand...


You NEED a lawyer.

Try this one, He won an open carry case in Grand Haven not long ago.

Welcome to The Law Offices of Steven W. Dulan, PLC

Also you may try Dean Greenblatt
Deans ph# is 248-644-7520 and he is VERY well versed in firearm law.
Dean G Greenblatt Attorney
100 Bloomfield Hills Pkwy
Bloomfield Hills, Michigan 48304-2949
 
first off welcome. second, this has happened before in canton mi, with not so great ending for the person arrested. the deferents is that the holster was clipped to your belt and not tucked in to your pants. Detroit pd is known to be highly anti gun anti open carry.
 
I want to open carry in saginaw michigan.I would love to hear from the sheriff department,State Police & township police to see if they all agree on the law!!I think if you have it open carry ,you might stop a crime from happening . The bad guy/gal, might think you could be in law enforcement or a citizen that will stop you.I fire 300 rounds a month from a 9mm,a 40 caliber,& and a 45. I am a very good shot. I shoot from 25 yards.I have also taken firearms training from several instructors. I take a refresher class every year to keep up to law changes and belong to many differnt groups that have excellant information, like open carry!I have carried cocealed for over 10 years..I have been a bail agent since 2005. I see bad guys reoffend every day, but that is my business.the crook would not commit crimes if they see over a hundred thousand armed citizens! crime is down because we carry! I want more people to open carry.
Thank you for your time.:
 
No such thing as partial conceal. It would be under the brandishing law, which in your case, doesnt seem like it would apply, a holster is a holster. No where in the Michigan law does it state what type of holster you have to use for open carry, it just says in plain view, in a holster.
IWB or OWB types do not matter....Cant stress that enough. Ive used both to openly carry, never had any type of problems. I would take that to civil court against the PD, possibly win some money, and for sure have it wiped off your record, just got to find an attorney to represent such a case whos also experienced in such cases.
Good luck
 
Open carry in mi.

Was at the Meijer store in Taylor yesterday and saw a dude oc'ing.He looked like he was looking for trouble. Had dirty clothes and was just plain un-kept looking. No jacket, plus he had an ill fitting holster, and the piece was flopping around on his hip. He was walking like a pimp. I was not surprised to see someone oc'ing ( I do look for it. ), but this guy just looked out of it. He really lloked like one of the "Walmartians" you see on the internet. Couldn't help but LOL when I saw him ! Wonder if he made it home before getting hassled by some LEO.
 
missoak said:
Was at the Meijer store in Taylor yesterday and saw a dude oc'ing.He looked like he was looking for trouble. Had dirty clothes and was just plain un-kept looking. No jacket, plus he had an ill fitting holster, and the piece was flopping around on his hip. He was walking like a pimp. I was not surprised to see someone oc'ing ( I do look for it. ), but this guy just looked out of it. He really lloked like one of the "Walmartians" you see on the internet. Couldn't help but LOL when I saw him ! Wonder if he made it home before getting hassled by some LEO.
Click to expand...

Well, except for the pimp walk, and the ill fitting holster, it could have been me, except I don't live near Taylor. That, and generally, I don't look un-kept. :wink:

Come to think of it, there's no way that could have been me. Oh well. :biggrin:
 
There is no such law defining partial concealment. It's either covered or not. If you get technical, The holster would partialy conceal the weapon even on the outside of your clothing. Go to prejudicial hearing and ask to see in the state legislature, where there would be a partial concealment. When or if they do show you. Ask for an adjournment til a later date so you can seek proper representation

Almost positive they will throw it out. If someone saw it, it was not concealed. The call most likely interupted the officers while on break or near the end of shift.
 
There is case law regarding IWB open carry by non CPL and in places where OC is required even with a cpl.it seems that it is viewed as concealed.
 
Please email me as I would like to follow this case.
[email protected]

In Michigan there is no law defining open carry or concealed carry. The statement "in a holster in plain view" comes from an AG opinion, not from actual law. Others have been convicted for carrying IWB without a CPL, and others have won against it in court.
 
You must log in or register to reply here.

New Threads

Members online

No members online now.
Total: 146 (members: 0, guests: 146)

Latest posts

Forum statistics

Threads
49,525
Messages
610,668
Members
74,995
Latest member
tripguru365

Share this page

Back
Top