Serious self defense question
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Old 05-22-2010, 05:07 AM   #1
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Default Serious self defense question

In Michigan, its a 2 to 5 year felony to carry a concealed pistol w/o a license. However, you can open carry a pistol w/o a cpl. Lets say someone has a pistol in public and is attacked. They shoot the person in self defense. The police come and find the defender doesnt have a cpl, and they charge him with carrying a concealed pistol. How will the law be able to prove that you were concealed carrying instead of open carrying? Keep in mind, you dont need a license to open carry, but concealed carry.

So if the cops come after the fact and just see you with the gun, but they didnt see in which condition you originally had it (open or concealed) can they still charge you with carrying a concealed weapon?
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Old 05-22-2010, 05:41 AM   #2
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I think that if you are open carrying and some dumba$$ attacks you, even with your firearm in plain sight, then the sh!tbag deserved to be dead.

That is a good question, depending on the type of holster you were using at the time, and the type of clothing, it's possible that it could be proven easily that the firearm could not have possibly been concealed, lots of variables here, a lawyer in your area would be the best person to ask.
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Old 05-22-2010, 05:57 AM   #3
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I know of a case where someone shot another in self defense and was given 2 years in prison, but he was a felon in possesion. There was a fight, the guy took out his gun and fired, he defended himself by taking out his gun and shooting back and ended up injuring the guy.

But in the above scenario im talking about a person legally allowed to own a firearm.
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Old 05-22-2010, 09:41 AM   #4
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Supposedly, we are innocent until proven guilty. Should something like that happen, don't talk until you have a lawyer present (and talk only to him/her). Do not run away (flight = guilt). Don't move anything (disturbing a possible crime scene). Do become well informed of your state's statutes on firearms.
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Old 05-22-2010, 11:10 AM   #5
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I think you need to ask a lawyer......just sayin.
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Old 05-22-2010, 12:50 PM   #6
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What he said ^

We aren't lawyers (as far as I know), just firearm enthusiasts. Its your responsibility to research and know your state/county specific laws if your going to carry a firearm. As for a source, I recommend your library or your state's website instead of some random guy's opinion. In doing so, your probably going to learn some other laws you should know, before you are being charged with them in court.
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Old 05-22-2010, 04:18 PM   #7
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Im a security guard for a church in a not so good part of Detroit, Im working on getting a cpl, but I need to come by an extra $200 (105 for the state and 100 for the class). I've been thinking of open carrying in the meantime. I know some people may say open carry might draw trouble on the other hand, some store security guards open carry and I never heard of someone shooting them (or trying to) and taking their weapon to rob the store.

But I dont want to be in a situation where if I have to act in self defense, I risk going to prison and having a felony record for

1. Defending myself
2. Not having the money to pay the state to exercise a right (or privilege the way they act) given to me by the 2A.
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Old 05-22-2010, 04:25 PM   #8
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Looks like a no-brainer to me.

Get the license.

Can't do that?

Open carry.


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Old 05-22-2010, 04:39 PM   #9
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I would say get some self defense training, but if you can't get up $205 for the CPL and Training, you'll be hard pressed to pay a good martial arts instructor.

Your best bet is to wait, get the training and CPL before you carry. I know open carry is legal, but.....

First Crackhead:

"Hey, there's this dude that open carries to and from that church over there and I think we could jump him one night and get enough for the gun to get some more sh!t!"

Second Crackhead:

"OK, man. I'm in, and maybe he'll have a little cash on him too! I've got this crow bar!"
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Old 05-22-2010, 04:46 PM   #10
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Quote:
Originally Posted by dunerunner View Post
I would say get some self defense training, but if you can't get up $205 for the CPL and Training, you'll be hard pressed to pay a good martial arts instructor.

Your best bet is to wait, get the training and CPL before you carry. I know open carry is legal, but.....

First Crackhead:

"Hey, there's this dude that open carries to and from that church over there and I think we could jump him one night and get enough for the gun to get some more sh!t!"

Second Crackhead:

"OK, man. I'm in, and maybe he'll have a little cash on him too! I've got this crow bar!"
I see what you're getting at, but its a pretty open area so unless I was completely zoned out for them to sneak upon me with a crow bar and I not see it. And most times when Im standing outside, my back is to the door of the building.
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