MSP legal update #86 open carry of handguns cpl or non cpl

[damn_ford]

because ive seen the questions asked more than once on here i think anyone that carrys should
be aware of this legal update by the michigan state police. its not new. this covers cpl holders
and non cpl holders that carry.


http://miopencarry.org/sites/default/files/MSP_Legal_Update_No._86_2_336854_7.pdf

[damn_ford]

here is the really important part as undeducated po po like to say people are "brandishing" when openly carrying a handgun

Brandishing firearms
MCL 750.234e provides that it is a 90-day misdemeanor for a person to knowingly brandish a firearm in public. Brandishing is not defined in Michigan law and there are no reported Michigan cases that define the term. Attorney General Opinion No. 7101 provides guidance and states, "A person when carrying a handgun in a holster in plain view is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm...."

[damn_ford]

little MSP update for local pd about open carry......

Officers are reminded that the Fourth Amendment protects citizens from unreasonable searches and seizures. Carrying a non- concealed firearm is generally legal. Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot. For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol.
Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation.

[RIP_K52007]

hmmmm yeah I doubt the police around here know any of that.

[RIP_K52007]

http://www.cato.org/pubs/pas/pa109.pdf

[damn_ford]

hmmmm yeah I doubt the police around here know any of that.

every law enforcement agency in the state recieved that update from the MSP

if local law enforcement refuses to acknowledge it find yourself a pro 2a attorney
or just a constitutional rights attorney and sue the hell out of them.
costs you nothing but time to put them in there place.

if you dont want to go that extreme start writing letters to the attorney general
and MSP about your local leo's disregard for your consitutional rights and an investigation
will be started. if you have a legitimate case. rights and constitutional amendment violations
are taken seriously at the higher levels.   

[damn_ford]

if your on your own land. in your home. or place of business you do not need a cpl to conceal.   

MCL 750.227  allows you to carry a concealed pistol if you are in your home, place of business, or on other land possessed by you.  If you do not possess the land, you may lawfully carry the pistol as long as you carry it non-concealed.  Michigan appellate courts have held complete invisibility is not required for the weapon to be considered concealed.  The weapon is concealed if it is not observed by those casually observing the person as people do in the ordinary and usual associations of life.  Attorney General's opinion #3158 dated February 14, 1945, states a pistol carried in a holster or belt outside of the clothing in plain view is not considered concealed, but carrying under a coat would constitute concealed.

Additionally, the Natural Resources and Environmental Protection Act prohibits against carrying or transporting a firearm in areas frequented by wild animals and the Michigan Department of Natural Resources has rules and regulations regarding where firearms are prohibited on certain land.  Contact the Michigan Department of Natural Resources with any questions you may have regarding these laws, rules, and regulations.