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