Dr. Tad Hussein Winslow
member
- Joined
- Nov 14, 2007
- Messages
- 13,146
That's a good sign; I was NOT comfortable for several weeks at the beginning, so you've got it made.
cambeul41 said:Quote:
Now try carrying open!
Not a good idea in Michigan. While open carry is not illegal, disturbing the peace (etc.) is -- and the police, it least in the Detroit area, are quite capable of finding someone who is disturbed.
MCRGO v. Ferndale: The Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession.
Brandishing and disturbing the peace are not an offense while lawfully openly carrying a firearm.
ADVISORY NOTE: Though this section on disturbing the peace does not deal with firearms, due to the nature of this code, this law has been cited by officers to suppress or discourage lawful open carry. Since a person who is not licensed to carry concealed MUST open carry their firearms on foot in order to avoid criminal charge, nor is there any duty for anyone licensed to conceal their handgun, open carry is not disorderly conduct. The open carrying of firearms is not by itself threatening, nor does it cause a hazardous or physically offensive condition.
BRANDISHING Opinion No. 7101 February 6, 2002: …In the absence of any reported Michigan appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions…..the term brandishing is defined as: "1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. A menacing or defiant wave or flourish." This definition comports with the meaning ascribed to this term by courts of other jurisdictions…the court recognized that in federal sentencing guidelines, "brandishing" a weapon is defined to mean "that the weapon was pointed or waved about, or displayed in a threatening manner." Applying these definitions to your question, it is clear that a reserve police officer, regardless whether he or she qualifies as a "peace officer," 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 in violation of section 234e of the Michigan Penal Code. It is my opinion, therefore, that…by carrying a handgun in a holster that is in plain view, does not violate section 234e of the Michigan Penal Code, which prohibits brandishing a firearm in public.
does anyone know of a case where someone broke the law and carried and used a firearm within such a place and what ever happened to him or her?
OK. I give. What is so special about carrying in Wall Mart?
Carrying for the first time in WM is kind of a tradtion search for a thread called "The Walmart Walk" and you will understand grasshopper