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Discussion in 'Concealed Carrying & Personal Protection' started by clip11, Feb 22, 2010.
Is it legal to open carry a pistol (or any gun) in Michigan without a CPL??
I am NOT a legal guru or lawyer by any means. I did however find the following information on opencarry.org. You may want to call local law enforcement and/or the highway patrol for more information.
Michigan is a traditional open carry state. Open carry is more common in rural areas. You may NOT open carry in a car without a permit. However, Michigan recognizes the resident permits of all 50 states.
I believe Mi is an open carry state. however there are rules. You cannot just show up to a bar thinking it is ok since it is an open carry. You will have to look up the rules. Michigan State Police website should be a good resource for you. Remember even if you carry a pistol on your side or leg and you put a jacket on that is slightly covering it, it can be viewed as conceiled. It is very easy to conceil a pistol with out intentionally doing so. Keep that in mind. You also cannot have a loaded weapon in the vehicle unless you have a cpl license as well. You have to have the gun in a case, locked preferably, unloaded and out of reach of anyone in the car. If you don't you will have some stiff explaining to do if you get pulled over.
Open carry is legal here in Michigan.There are a few rules but the biggest one is that you cannot sit in or drive a vehicle with a gun.You also have to be aware of what branishing is and make sure not to do that.Pointing or waving a gun around is only legal when hunting,when target shooting,when at a gun store,and in the act of self defense.Keep in mind that without a CCW you must open carry on other's private property alsnly on your OWN property or home or your own business can you conceal without a CCW.Open carry is also prohibited on a motorcycle,even when exposed because the law makes no differencial between a vehicle as whether being a car or bike.
O ok. Im just checking because I dont want to get in trouble. I caught a misdemeanor case and have to wait 8 years here in MI to get a CCW permit. Here in Detroit, and I live in the inner city not the suburbs, the police are cracking down on folks carrying guns and I know if I open carry I will almost certainly be hassled by the cops.
Now what if I am open carrying and the cops dont know its legal and want to arrest me anyway, then what?
Don't know. Not sure why anyone would want to open carry in a rough part of town, but to each their own. Seems like open carry in gangsta territory makes you a target for death and someone else getting your gun.
I do know that if the cops arrest someone for something that is not a crime, then they will not be prosecuted. Police enforce laws, they don't charge and prosecute in a court of law.
Why would you say it makes you a target? The average person would think im a undercover cop and if youre going to rob someone it would seem that you would pick someone who is not armed.
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.
So open carry is just illegal in Detroit????
I'm sure that most Cities, Townships, and Counties have similar ordinances. The main reason having them is for safety of the citizens and to reduce the amount of guns in their localities. imagine without the ordinances in place, it would look just like it did in the old wild west with everyone having a gun strapped to their thigh. I lived in Mi for 53 years before moving to Fla. and I don't ever remember being able to open carry anywhere except when hunting.
I personally don't like the idea of open carry but I do encourage everyone who is eligible to have a CCW permit to get one and carry concealed all the time.
If you plan to open carry a weapon, I would first go online and check the local ordinances to see if it's legal wherever you might be going.
The way laws are written now (majority not absolute), open carry is a right and concealed carry is a privelage. I hope your not saying it should not be allowed. Thats a slippery slope. And your statement that it will be the wild west again, thats what they said about Florida enacting Shall-Issue back in 1987. That didnt happen, and it is a that crime went down, mostly violent crime. Open carry helps stop crime, has a quicker draw time, and helps desensetizing stygmas with guns in public. Open and concealed both have pros and cons, but open carry makes it more visable and more publicly acceptable. Plus it makes cops actually learn guns laws after they get repremanded for illegal detainment and seizure.
No offense to cops that know the laws, but there are still some cops that think only police and military should carry.
Good luck with that. Seriously, if I were looking to rob a store and an open carry guy was in line...*pop* behind the ear and I have an extra weapon. Average citizens don't go around robbing. Ganstas don't care if the guy with the overt gun is cop or not. Plus, why on earth would an undercover cop carry openly. Kinda makes them not 'undercover' anymore.
Bottom line, know the laws of where you live. Ignorance of the law is no excuse in any court in the US.
I said in my post that "I personally don't like the idea of open carry" I didn't say it should not be allowed. I'm going to add this, "I think it is totally stupid for someone even if they are carrying lawfully, to go anywhere with a gun carried openly, unless they are hunting. Is open carry a "badge of courage"? For years the standard practice was to carry concealed, now a minority of people want to push the issue and I think it will cause a lot of problems for every person who carrys a gun in a lawful manner.
I'd like to see you produce the stat's on open carry help's stop crime. Where were the survey(s) done?
And public acceptance? You think that when I'm or my wife or kids are in a store or bank and some guy/gal comes walking in with a gun on their hip that everyone is not going to wonder if there is going to be a problem. Get real, it isn't acceptable.
Do you want to be stopped by every cop to check if you are carrying lawfully? No one has a magic wand to let them know the weapon is being carried lawfully so the only way to find out is to stop the person and check. That's what will happen. Pretty soon every Tom, Dick, & Harry will go through the same thing then cry that they are being harrassed or discriminated against.
That's my stand, you have your stand, and I'm not going to argue it any further.
You have your opinion, I respect that, I really do. But your treating it how people used to look at those with tattoos and face and body piercings. Taboo in the past, socially acceptable now. Its the same as the homosexuality move in the '70s-'80s. Highly taboo, but now more socially acceptable. I personally dont agree with homosexuality, but I dont go out there and gay bash.
It is funny to hear a poster say that Detroit law supercedes state law.I just watched a video of an open carry advocate go before the Warren,MI city council arguing that many open carriers were being hassled by police.The city council agreed that city ordinances cannot supercede state law on open carry,and that if open carry is legal by the state,it is legal everywhere.The person who went before the city board won their case.
Except, Michigan's pre-emption law is later than the cases you've cited. Detroit does not trump state pre-emption, I'm very happy to say.
No exceptions listed.
Good luck getting into position to pop the guy behind the ear. When I OC, I'm watching anyone and everyone.
And a good example of what really happens when OCers are around has occured. Open carry deters armed robbery in Kennesaw