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Posted: 11/10/2002 5:49:59 PM EDT
From [url]www.packing.org[/url]: Open carry of handguns is legal except in certain areas (see restrictions), some municipalities, and in your vehicle. However, open carry is not common, and most likely you will be hassled, (try carrying openly in Detroit). Also, as soon as you get to your car you have to meet the other requirements (unloaded, etc.) It is a real hassle to openly carry in Michigan. (The following was taken from the Michigan State Police Web site on CCW's in Michigan: MCL 28.422 No license is needed to carry a pistol as long as it is exposed. However, should a person cover the pistol during inclement weather with a jacket or coat or get into a vehicle, the pistol would be concealed, and the carrier would place himself in jeopardy unless he possessed a concealed pistol permit. Per Attorney General's opinion #3158, a holster, in plain view, is not considered concealed. Department of Natural Resources regulations require a person to have a valid Michigan hunting license if in an area inhabited by wildlife.
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OK, don't make fun of me but I seriously did not know this. Does anyone actually carry open in this state or is it just one of those things they temp us with and then slap the carryier with a disturbing the peace ticket for getting all the antis up in a roar? Keving67
Link Posted: 11/10/2002 6:03:29 PM EDT
Almost definitely the latter. Arizona is one of the few states I am aware of where open carry doesn't get LEO's panties in a bunch.
Link Posted: 11/10/2002 6:07:49 PM EDT
Keving, I always read the law the same way... 'here's a little morsel for ya, but don't ya dare try it'. I'd figure the local LEO's would be all over you like a cheap suit...
Link Posted: 11/10/2002 6:18:56 PM EDT
You can't legally carry exposed firearms in public. It all comes down to interpretation. There is a key word that in the law that is interpreted differently......but I forgot what it was. [:/]
Link Posted: 11/10/2002 6:44:38 PM EDT
The Sheriff of Kalamazoo county taught a Criminal Law and Procedure Class at WMU back in the late 80's early 90's. His position was, "try it and find out". It is legal, the problem you run into is wether it is brandishing. Unfortunately brandishing is illegal and it is up to LE to make that call.
Link Posted: 11/10/2002 7:10:07 PM EDT
I carry open in VA all the time in the summer, have only been hastled twice and they weren't LE...of course this is the rural part of VA where a lot of people are used to seeing guns.
Link Posted: 11/10/2002 7:49:38 PM EDT
kevin, the "open" carry, plain & simple applies to 2 things here; 1 is called "expectancy of pirivacy rule", which means your vehicle is not expected to be a puplic free for all. hence have it laying on your front seat (CPL provided). 2; NO CPL; while targeting or hunting, side arm must be exposed. if your jacket covers it in the least bit, it'll be considered "concealment". if you have a CPL, then it shouldn't matter for the hunting aspect. just be sure you have a small games license. hope that helps. for more MI CPL info, go to www.mcrgo.com (go to the forums) there's a whole thread on this kinda stuff.
Link Posted: 11/10/2002 8:19:14 PM EDT
Link Posted: 11/10/2002 9:11:32 PM EDT
My experience with the cops in MI (where I grew up) as well as the political climate is this: it's legal, but you'll get arrested for something if you do it. Nobody does, so if you do some soccer mom will be on her cellphone to the locals, who will prone you out and take your gun. Once they figure out it actually is legal to carry openly, more than likely they'll find something else to arrest you for. The majority of the LEO's I met while living in MI were very opposed to civilians carrying guns. They viewed the general public as untrustworthy, and thought CCW was a privilege best reserved for themselves and the elite. No offense intended to any MI LEO's who are pro-CCW, but that was my experience while living there. BTW, one of my professors at Michigan State was a retired deputy director of the Michigan State Police. He said it was pretty clear to him that open carry was legal under state law.
Link Posted: 11/10/2002 9:21:59 PM EDT
Link Posted: 11/10/2002 9:26:14 PM EDT
I just want ot make this clear that I have absolutley no intenetionsof doing this I just thought it was funny that I have never, ever, seen anyone open carry. I'll be getting my ccw in a few months unless Jennifer "nipple cheek" Granholm takes that right away from me. Keving67
Link Posted: 11/10/2002 11:44:17 PM EDT
For what it is worth when I am on my Dad's property I always have my .357 at my side.
Link Posted: 11/11/2002 12:08:17 AM EDT
Originally Posted By Sparky315: My experience with the cops in MI (where I grew up) as well as the political climate is this: it's legal, but you'll get arrested for something if you do it. Nobody does, so if you do some soccer mom will be on her cellphone to the locals, who will prone you out and take your gun. Once they figure out it actually is legal to carry openly, more than likely they'll find something else to arrest you for. BTW, one of my professors at Michigan State was a retired deputy director of the Michigan State Police. He said it was pretty clear to him that open carry was legal under state law.
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Try it and you'll be popped for 'being idle in the night' or 'conspiracy to commit long hair' or simply one of the many 'Say So' laws that LEOs often use and/or abuse. FYI, the term 'SAY SO' law goes back to the late 60s. It works like this: "You're under arrest because I say so."
Link Posted: 11/11/2002 1:35:04 PM EDT
Originally Posted By 82ndAbn:
Originally Posted By QCMGR: The Sheriff of Kalamazoo county taught a Criminal Law and Procedure Class at WMU back in the late 80's early 90's. His position was, "try it and find out". It is legal, the problem you run into is wether it is brandishing. Unfortunately brandishing is illegal and it is up to LE to make that call.
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You can beat the rap, but you can't beat the ride.
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Yep!
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