# OPEN carry question...



## SafetyMan (Apr 13, 2001)

I didn't want to hijack the dog thread, so I'll start this one..



redneckdan said:


> I know open carry is legal in Michigan.


Can somebody explain this to me?

I may have misunderstood what he meant.

Thanks


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## malainse (Sep 2, 2002)

SafetyMan said:


> I didn't want to hijack the dog thread, so I'll start this one..
> 
> 
> 
> ...


He is talking about walking down the road with a exposed gun on your hip, cowboy style....


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## SafetyMan (Apr 13, 2001)

malainse said:


> He is talking about walking down the road with a exposed gun on your hip, cowboy style....


That's what I thought...

That is LEGAL?

I was under the understanding that was, in fact, NOT legal, and could be considered brandishing... and that the only LEGAL way to carry in public was with a CPL, and it HAD to be concealed.

If I am wrong, someone please enlighten me.......


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## Huntin Horseman (Nov 2, 2002)

From what I've read "Brandishing" would be displaying your firearm in a threatning or taunting way, like have it in a shoulder harness and opening your coat or pulling it out of your pocket to someone...


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## lwingwatcher (Mar 25, 2001)

SafetyMan:

Back in the days of restricted permits.....if you didn't have a hunting and target or general you had to carry it exposed. No part of your coat or other garment could cover even a portion of the gun (which was a pain in the azz for obvious reasons) and you couldn't keep it out of the weather without a permit.

Hunters can still carry in a hip, leg, shoulder, or bandoleer holster if they do not have a CPL.

Now....strolling down a sidewalk with a six gun strapped on your hip is inviting trouble but....much of that is because of location and I dunno what all factors would apply--depends where ya are. Brandishing???? I dunno but certainly improves the odds of a contact with LE.

Obviously, open carry in a vehicle would not be legal either without a CPL.


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## alex-v (Mar 24, 2005)

SafetyMan said:


> That's what I thought...
> That is LEGAL?
> 
> I was under the understanding that was, in fact, NOT legal, and could be considered brandishing... and that the only LEGAL way to carry in public was with a CPL, and it HAD to be concealed.


Yes, it is legal. It is "open carry" and the gun is carried on the body in the open and not concealed. "Brandishing" takes place when the person carrying the gun puts his or her hands on it. As far as I can tell "Open Carry" is legal anywhere in the state since no local govt can make a gun law more restrictive than the state law.

The problem is that many law enforcement officers will get the person on "creating a nuisance" since they cannot find them in violation of the "open carry" laws.

Maybe someone has links to the write-ups that appeared in the major newspapers all over the state several years ago when the conceal carry laws were reformed. These articles went into depth on the ramifications of "open carry".


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## redneckdan (Dec 14, 2004)

Open carry is legal. The only time I have done so in the city was when the power went out in August two years ago. I live a couple blocks from the "projects" at the north end of PH and things were starting to get pretty rowdy over there. At that time, I don't think the PHPD would have caused me too much trouble since I was on my own property the whole time. Port Huron does have an illegal city ordianance against open carry.


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## SafetyMan (Apr 13, 2001)

You can do what you want on your own property, I never questioned that.

I was unaware that Michigan allowed open carry.

Can anyone direct me to the verbage or law that allows it? I am truly curious as to exactly how it reads.

Thanks


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## lwingwatcher (Mar 25, 2001)

SafetyMan said:


> I was unaware that Michigan allowed open carry.
> 
> Can anyone direct me to the verbage or law that allows it?



Show me the law that says that you may not........


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## twohats (Oct 1, 2004)

Interesting subject. I also would like to see the laws on open carry.


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## dongiese (Jun 10, 2002)

Acutally PHPD can't have a a ordinance against open carry unless everyone of thier Police officers has a CCW. It is a Michigan state law for the open carry. I can't post the law numbers at this second but if you do a search on the open carry law it is there. it was created for law inforcement to be able to carry.


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## lwingwatcher (Mar 25, 2001)

Just be careful when researching any of the Firearms Laws of Michigan.

There are all sorts of pitfalls....often conflicting statutes that can be confusing to even the experts.

Pertinent links would be a wonderful thing....


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## boehr (Jan 31, 2000)

dongiese said:


> Acutally PHPD can't have a a ordinance against open carry unless everyone of thier Police officers has a CCW.


Actually, all certified LEOs for all practical purposes have an automatic CCW. In fact under federal law, all LEOs that have retired in good status can carry concealed.


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## Ferg (Dec 17, 2002)

boehr said:


> Actually, all certified LEOs for all practical purposes have an automatic CCW. In fact under federal law, all LEOs that have retired in good status can carry concealed.


As long as you keep your quails current - at least every 12 months - and documented - 

ferg....


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## Ferg (Dec 17, 2002)

1. Do I need a concealed pistol permit to carry my pistols while walking through the woods near my cabin in Michigan? If not, are there any restrictions on how or where the gun is carried?

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 dated February 14, 1945, 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.

The above is from the MSP FAQ on firearms.

ferg....


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## Violator22 (Nov 10, 2004)

Are you a Michigan resident if not you cannot carry or bring handguns into the state unless you have a CCW or are a LEO, that is what I am trying to tell you in the other post. It is ridiculous, I know, I went thru this last year. My dads local sheriff is the one who directe me to call MSP headquarters and talk to a person, not go by the MSP website or email. I am just trying to keep you out of trouble. I think Boehr might remember me bringing this up back in February. Les


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## safetreehunt (Oct 1, 2003)

As always there are conflicts in the laws that are written. I looked up the number ferg posted in the MCL site: http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-28-422



*FIREARMS (EXCERPT)*
*Act 372 of 1927*



*28.422 License to purchase, carry, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; basic pistol safety brochure; forging application; implementation during business hours.* 

Sec. 2.

(1) Except as provided in subsection (2), a person shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.


I have searched the MCL for OPEN CARRY and found nothing. This may however only apply to having a license for the pistol in this case.


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## Ferg (Dec 17, 2002)

Violator22 said:


> Are you a Michigan resident if not you cannot carry or bring handguns into the state unless you have a CCW or are a LEO, that is what I am trying to tell you in the other post. It is ridiculous, I know, I went thru this last year. My dads local sheriff is the one who directe me to call MSP headquarters and talk to a person, not go by the MSP website or email. I am just trying to keep you out of trouble. I think Boehr might remember me bringing this up back in February. Les


Not currently a Mi resident - I was told by MSP that my home state rules would apply to transport as long as they mirrored michigans and they do - I have a family member checking with the local sherriff for me to see what his take on it is - 

Michigan law does state that you can transport from home to private property which I'll be doing -

Anyway, I understand what your saying - and I actually may have an 'in' if you will, as I am a retired LEO - BUT - haven't kept my quals up to date so that won't meet the federal law - but I still have my badge and retired ID so 'maybe' - I"ll see what the local sherriff says - as it would most likly be his call in the end - not much chance of being stopped and searched on my way into the state - only the act of fireing them would draw any attention and then it would be the local guys responding - 

I"ll report what I find out - 

ferg....


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## Ferg (Dec 17, 2002)

could I, as a non-res, apply for a lic, then take my pistols to the local sherriff for 'inspection' ? 

ferg....


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## Violator22 (Nov 10, 2004)

Thanks, this has frustrated me for over a year now. i find it quite ridculous that I can't take any of my handguns to my dads Farm to shoot or hunt with, just because Colorado doesn't have the nazist registration systme that Michigan has. In CO, I can carry my pisol in my hip holster, I don't have to get a permit to buy one and I can buy one from a private individual without relaying that to the state. I find it silly, that as a legal firearms owner, Proud Veteran and member of the NRA, that this is allowed to go on. Drives me nuts. JMHO, Les


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