Open carry legal in Michigan


ricbak

New member
First, I am not an attorney, Like in real estate, Always seek assistance from a qualified attorney.


This information is really quite helpful and Its not that I dont trust you all but does anyone know if there is a link to the actual legal documents I just want look this up for myself I'm kinda cautious like that.

Check this pages:
http://www.legislature.mi.gov/documents/publications/firearms.pdf

A plain reading of section 5o(1) of the Concealed Pistol Licensing Act discloses, however, that its prohibition applies only to
the carrying of pistols that are “concealed.” A holstered pistol carried openly and in plain view is not “concealed” and therefore
does not violate the prohibition contained in that section. See, e.g., OAG, 1951-1952, No 1388, p 228 (April 18, 1951) (“Should
they be so directed by their superior officers, auxiliary police while on duty may carry weapons openly, the prohibition in the


Penal Code applying only to ‘concealed’ weapons.”), Cf.,
People v Johnnie W. Jones, 12 Mich App 293, 296; 162 NW2d 847


(1968); and


People v Kincade, 61 Mich App 498, 502; 233 NW2d 54 (1975).
 

BradAnderson

New member
Hey ya'll sorry to dig up an old thread but I just found out that open carry was legal in MI and there's one point that confuses me, which I can't seem to find much information about.

The law says:


So what I'm confused about is them listing out what 'lawful purpose' is. Open carry is fully 'lawful' as far as I'm concerned. How am I supposed to transport a pistol that I intend to open carry? :unsure:

In the trunk of your car.

Otherwise if you're walking around with it, and the police say "where are you going with that?"
Just say "am I being detained?"

If they say "no," then just walk away.

But if they say "yes," then say "then I won't say anything until I talk to my lawyer" and then don't say ANOTHER WORD.

Police are allowed to ask questions, but you do NOT have to answer-- and if they are not detaining you, you are free to go at any time.

They also can't detain or arrest you without witness of a misdemeanor or reasonable suspicion of a felony.

If you get arrested, then just tell the lawyer the truth, and the police won't be able to prove that they had reasonable suspicion to arrest you, since they didn't know where you were going with it. It's not enough that you were guilty-- they had to have the right to arrest you in the first place: they can't go around playing "Russian Roulette" by arresting people on a whim, and have the charges stick when they just happen to be right.

Of course, this is the whole PROBLEM with open carry laws-- i.e. they expose you to PUBLIC SCRUTINY, which is violates PRIVACY LAWS under the 9th Amendment.

And of course nobody can afford to spend a million dollars to fight it in court, especially if they're disabled; so the poor and weak suffer by getting attacked by criminals or arrested and harassed by cops; meanwhile the rich and powerful get what ever they want, and they don't even get arrested or jailed when they break the law.
 

BradAnderson

New member
Here is the info we handout to those that want to learn more about open carry in Michigan. A CPL holder can both carry concealed or openly. Check out the infomation below.

YOU CAN OPENLY CARRY A HANDGUN IN MICHIGAN*

1) Any law abiding citizen of the State of Michigan who owns a safety inspected handgun may openly carry (in a holster) said firearm in all places not explicitly exempt by law with or without a CPL. Private property rules over-ride state law in regards to firearm possession.

And PRIVACY laws override state laws as well, therefore you should not need a CPL to carry concealed, since this law exposes a person to public scrutiny with regard to carrying a gun.
 

BradAnderson

New member
Another point:

Hey ya'll sorry to dig up an old thread but I just found out that open carry was legal in MI and there's one point that confuses me, which I can't seem to find much information about.

The law says:
A person is now permitted to transport a pistol for a lawful purpose if the owner or occupant of the vehicle is the registered owner of the firearm and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, the pistol may be in the passenger compartment of the vehicle unloaded and inaccessible to the occupants of the vehicle.

A 'lawful purpose' includes:

* While en route to or from a hunting or target shooting area.
* While transporting a pistol to or from home or place of business and a place of repair.
* While moving goods from one place of residence or business to another place of residence or business.
* While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol.
* While en route to or from home or place of business to a gun show or place of purchase or sale.
* While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted.
*While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance.

So what I'm confused about is them listing out what 'lawful purpose' is. Open carry is fully 'lawful' as far as I'm concerned. How am I supposed to transport a pistol that I intend to open carry? :unsure:

Here, we see how the law tends to (or TRIES to) confuse, via use of wording.

A "lawful purpose," is by definition, any purpose that isn't expressly prohibited by any law.

Here, the law says "A 'lawful purpose' includes:", as if it's LIMITED to these; however in fact "includes" does NOT mean anything of the kind. In reality, it just means "a person cannot transport a pistol for the purpose of committing a crime."
That's IT.
So if a cop asks you ANYTHING about it, just respond "are you detaining me?"
Then if the answer is "no" just walk away, and if the answer is "yes" then tell them you'll speak only to your lawyer.
 

STEELME

New member
You can't carry concealed in those places, but if you have a CPL you can carry openly in these places. Remember most of these places are private and they can ask you to leave if you are openly carrying.

So is there any place a person can not open carry.. without getting prior permission as needed?
and a bank is a no carry zone for those who carry concealed?
 

bailenforcer

New member
So is there any place a person can not open carry.. without getting prior permission as needed?
and a bank is a no carry zone for those who carry concealed?

A bank is a no pistol zone; concealed or otherwise. There are a few places in MI that you can not carry; open or concealed unless you hold a Professional Investigators License. A church is a pistol free zone unless you have the permission of the church. Other ares that are pistol free zones include schools; unless you sitting in your car while picking up ro droping off a student, bars, sporting arenas.

The CCW laws here seem to stumble backa dn forth across the line. You cant carry a concealed pistol if you dont have a CCW-CPL but ont he other hand you can carry it openly with out a CCW-CPL so long as it is in plain view and in a holster.

For istance; say you are walking through Hartz Plaza with a openly carried pistol the police can not ask you for your name, id or ccw-cpl and if asked you are not required to reply. Though I suggest always comply when challanged by an officer. Failure to do so can go very bad; especially here in Detroit. THough most of the Officers are aware of the open carry law they will still challange you.
 

Sheldon

New member
A bank is a no pistol zone; concealed or otherwise. There are a few places in MI that you can not carry; open or concealed unless you hold a Professional Investigators License. A church is a pistol free zone unless you have the permission of the church. Other ares that are pistol free zones include schools; unless you sitting in your car while picking up ro droping off a student, bars, sporting arenas.

The CCW laws here seem to stumble backa dn forth across the line. You cant carry a concealed pistol if you dont have a CCW-CPL but ont he other hand you can carry it openly with out a CCW-CPL so long as it is in plain view and in a holster.

For istance; say you are walking through Hartz Plaza with a openly carried pistol the police can not ask you for your name, id or ccw-cpl and if asked you are not required to reply. Though I suggest always comply when challanged by an officer. Failure to do so can go very bad; especially here in Detroit. THough most of the Officers are aware of the open carry law they will still challange you.

Once told to me by an Police Official that will remain nameless, and I am no way condoning anyone breaking the law... "Concealed means concealed, if you do not need it then no one will know you have it but if you do It's better to be judged by 12 than carried by 6"

n yea we need to put forth more effort to remove the criminal empowerment zones (CEZ), and have made some progress but need to push harder, so in short call your Representative and make it so...
 

BradAnderson

New member
Once told to me by an Police Official that will remain nameless, and I am no way condoning anyone breaking the law... "Concealed means concealed, if you do not need it then no one will know you have it but if you do It's better to be judged by 12 than carried by 6"

n yea we need to put forth more effort to remove the criminal empowerment zones (CEZ), and have made some progress but need to push harder, so in short call your Representative and make it so...

Good call on the CEZ's-- legislators are IDIOTS,thinking what cold-blooded criminals are going to check their guns at the bank door or school border!
(Or so it would SEEM-- in reality, NOBODY can be that stupid, and they just want to force people to trade liberty for security).

Also, forget Congress-- contrary to popular belief, congress does not exist to PROTECT your rights.
We need a FEDERAL LAWSUIT against CCW requirements, since that's an INVASION OF PRIVACY under federal law!

There's a serious policy-conspiracy going on in America: gun-crimes are being lightly punished and plea-bargained, while innocent people are being disarmed.
Likewise, lawyers don't want to address this insane policy, since it doesn't pay; while judges are politicians first.

LOGICALLY, you'd deal with gun-crimes, by simply making the criminal DISAPPEAR forever-- like 10-to-life for armed robbery.

However, now they have the "brilliant idea" of simply passing laws against GUNS THEMSELVES, while letting the CRIMINALS off easy-- i.e. "one with gun, gets you 2."

Not 20, not life-- 2.

And so gun-crimes run rampant, and the idiot-voters accept laws against GUNS, trading liberty for security.
 

STEELME

New member
A bank is a no pistol zone; concealed or otherwise. There are a few places in MI that you can not carry; open or concealed unless you hold a Professional Investigators License. A church is a pistol free zone unless you have the permission of the church. Other ares that are pistol free zones include schools; unless you sitting in your car while picking up ro droping off a student, bars, sporting arenas.

The CCW laws here seem to stumble backa dn forth across the line. You cant carry a concealed pistol if you dont have a CCW-CPL but ont he other hand you can carry it openly with out a CCW-CPL so long as it is in plain view and in a holster.

For istance; say you are walking through Hartz Plaza with a openly carried pistol the police can not ask you for your name, id or ccw-cpl and if asked you are not required to reply. Though I suggest always comply when challanged by an officer. Failure to do so can go very bad; especially here in Detroit. THough most of the Officers are aware of the open carry law they will still challange you.

So anywhere u cannot carry concealed is a pistol free sone wether one carrys concealed or open carry. What make a bank a no carry zone? they are not governmently owned (there are a few), most are publicly owned.. just curious if anyone could give me specifics on that..
 

BradAnderson

New member
So anywhere u cannot carry concealed is a pistol free sone wether one carrys concealed or open carry. What make a bank a no carry zone? they are not governmently owned (there are a few), most are publicly owned.. just curious if anyone could give me specifics on that..

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.

(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.227 ;-- Am. 1973, Act 206, Eff. Mar. 29, 1974 ;-- Am. 1986, Act 8, Eff. July 1, 1986
Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix punishment. People v Sturgis, 427 Mich 392; 397 NW2d 783 (1986).


So essentially, Michigan statute holds that ALL land in Michigan is off-limits for carrying a handgun openly OR concealed, unless you OWN the land in question.

Recent case-law has changed that, apparently; but you still have to wear a holster like Billy the frickin' Kid, while those with money and power get to play James Bond.
 

SSBN620Gold

New member
I have been discussing open carry with many of my friends. CPL instructors continue to teach that open carry in Michigan violates the terms of having a CPL. I have searched the Michigan firearm laws looking for this law. I can not find anything that supports that legal position. I did not think that getting a CPL required giving up 2A rights.

Can anybody point me to the law indicating a CPL holder can not leagelly open carry.

This is my first post, be kind.
 

BradAnderson

New member
I have been discussing open carry with many of my friends. CPL instructors continue to teach that open carry in Michigan violates the terms of having a CPL. I have searched the Michigan firearm laws looking for this law. I can not find anything that supports that legal position. I did not think that getting a CPL required giving up 2A rights.

Can anybody point me to the law indicating a CPL holder can not leagelly open carry.

This is my first post, be kind.

Repeatd from above:

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.227 Concealed weapons; carrying; penalty.

Sec. 227.

(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.

(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.


So if you poked your nose off your own property while carrying without a permission-slip from mommy-government (meaning you had CONNECTIONS), you'd be charged with a felony and jailed for up to 5 years-- even if someone was stalking you with machine-guns.

It's how those in power expercise special-rights over those WITHOUT it; clearly, all men are NOT created equal in Michigan, since the law discriminates based on circumstances other than conduct (and the US Supreme Court has pretty much pled ignorance with regard to the concept of "equal protection," i.e. they're stupid so we suffer..
 

SSBN620Gold

New member
Brad, Thank you for the response. If I read your post correctly the only possible part of the law that could apply is the last sentance. "shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license". Other than the restrictions we are all familure with (criminal safe zones). Is there a restriction that prohibits open carry if you have a CPL?
 

BradAnderson

New member
Brad, Thank you for the response. If I read your post correctly the only possible part of the law that could apply is the last sentance. "shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license". Other than the restrictions we are all familure with (criminal safe zones). Is there a restriction that prohibits open carry if you have a CPL?

No, but you'll get carded by every cop with a chip on his shoulder-- i.e. ALL of them.
 

bailenforcer

New member
No, but you'll get carded by every cop with a chip on his shoulder-- i.e. ALL of them.

I don't know abou that; it was, in fact, a Detroit Police Officer that clued me into the OC Law and directed me to this site int he first place.

On a side note DPD has finally been authorized to carry Gold Dot ammo now; they are finally getting away from the dumb-dumb bullets they have been utilizing for a while now.
 

SSBN620Gold

New member
I have not had an LEO encounter yet. My open carry experiences have been limited to taking my coat off to eat in a restaurant.

I did go into the Farmington Hills Police Station to discuss open carry with the Duty Officer. He would not tell me how the departments officers would handle the situation. He did acknowledge they know it's legal. I found his statement that "someone will just take the gun from you" really stupid.

I remember how nervous I was when I first started concealed carry. I thought everybody could tell I was carrying a gun. The first time I removed my coat exposing my 1911 I thought I was going to crawl out of my skin. It does take a little getting used to.
 

BradAnderson

New member
I have not had an LEO encounter yet. My open carry experiences have been limited to taking my coat off to eat in a restaurant.

I did go into the Farmington Hills Police Station to discuss open carry with the Duty Officer. He would not tell me how the departments officers would handle the situation. He did acknowledge they know it's legal. I found his statement that "someone will just take the gun from you" really stupid.

It's the standard myth cops use in order to dissuade people from packing; the police always want a police-STATE, since they think that everyone but a cop is an idiot.
 

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