Originally Posted by clip11
Is it legal to open carry a pistol (or any gun) in Michigan without a CPL??
In Detroit, NO. Covered in Section 38-58-10. Detroit's Firearms Ordinance's are not preempted by State Law. In other words whatever Detroit enacts as unlawful, you cannot claim that the State law allows you to do what you want to do without penalty.
ARTICLE X. WEAPONS*
*Case law annotations: Regulation of firearms is not preempted by state law; Detroit v. Judge, Recorder's Court, 56 Mich. App. 224, 223 N.W. 2d 722 (1974).
Cross references: Replica or facsimile firearms, § 38-16-1 et seq.
State law references: Firearms and weapons generally, MCL 28.421 et seq., 750.222 et seq.; MSA 28.91 et seq. 28.419 et seq.
Sec. 38-10-8. Drawing, handling, etc., of guns in public.
No person, except a peace officer in the discharge of his duty or a citizen in self-defense, shall draw, handle or flourish a revolver, pistol or other gun in any public street, avenue, alley, public park or other public space.
(Code 1964, § 66-1-7)
Sec. 38-10-13. Exceptions.
This ordinance does not apply to the following:
(1) Peace officers, as defined in section 38-10-1(l).
(2) Any person summoned by a peace officer to assist in the performance of the officer's duties and to whom the peace officer supplies a handgun and ammunition.
(3) Corrections officers, as defined in section 38-10-1(c).
(4) Military personnel, as defined in section 38-10-1(g).
(5) Security personnel, as defined in section 38-10-1(o).
(6) Agents and investigators of the Michigan Legislative Investigating Commission, authorized by the commission to carry weapons, and investigators of a county prosecutor's office, if they are authorized by the appointing authority to carry weapons.
(7) Persons specifically authorized to possess firearms under federal or state law.
(8) Licensed gun collectors.
(9) Persons transporting handguns to any person authorized to possess a handgun under this section, provided that the handguns are in an inoperable condition.
(Ord. No. 12-89, § 1, 7-19-89)
Sec. 38-10-58. Transportation in vehicles; carrying in public.
It shall be unlawful for any person to carry a pistol concealed on or about his or her person, or whether concealed or otherwise, in a vehicle operated or occupied by him or her, contrary to the State Concealed Weapons Licensing law.
Except for a pistol carried or transported lawfully under the State Concealed Weapons Licensing Law, it shall be unlawful for any person to carry a firearm on any public street or in a public place unless it is unloaded and in a case, or to transport or have in or upon any vehicle occupied by him or her any firearm unless the firearm is unloaded in both barrel and magazine and is taken down, enclosed in a case, carried in the luggage compartment of the vehicle or inaccessible from the interior of the vehicle.
(Code 1964, § 66-4-2; Ord. No. 25-86, § 1, 11-26-86)
Cross references: Traffic and motor vehicles, Ch. 55.