MI LSJ Opinion Article on Open Carry – 12/02/07

[bsf]

http://www.lsj.com/apps/pbcs.dll/article?AID=/20071202/OPINION02/712020586/1085/opinion

Published December 2, 2007
[ From Lansing State Journal ]

Jeffs: Mich. is among states that allow citizens to openly carry handguns

Some restrictions do apply, but citizens have right to carry


A movement is growing nationwide as more residents are exerting a right that is not often exercised. That right is the open carry of a handgun for all lawful purposes.

Forty-four states allow the open carry of a handgun by adults who can lawfully own one. Few realize, including some in law enforcement, that Michigan is one of these states.

One does not need a concealed pistol license to open carry, but it makes it easier to do so. In Michigan, non-CPL holders can only transport an unloaded handgun secured in a case or in the trunk of their vehicle under specific conditions defined by law (MCL 750.227).

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CPL holders, however, can transport a loaded handgun in their vehicle or on their person, either concealed or openly.

CPL holders can carry or transport a handgun registered to another person as long as the handgun is lawfully owned and registered in Michigan (MCL Act 372, 28.432). A non-CPL holder can only carry a handgun that is registered in their name.

If one spouse is a CPL holder and the other is not, the CPL holding spouse can transport the other's handgun as well as their own. Once the non-CPL holding spouse leaves the vehicle they can carry their loaded handgun openly. This method can be employed by non-relatives as well. A non-CPL holder must unload and secure his handgun before entering a vehicle.

Why open carry? One reason is that an adult under 21 years of age can not get a CPL in Michigan, but the law allows them to openly carry. A second reason is that a person may not be able to afford the high cost of the initial permit, which can exceed $300.

Before deciding to openly carry a handgun, it behooves you to research Michigan firearm laws (www.michigan.gov/msp). There are restrictions in which a person can possess a firearm. These restrictions vary slightly for concealed carry and open carry. These restrictions can be found in MCL 28.424o and 750.234d. Game laws also exist that restrict times and areas a firearm can be carried.

Michigan has a firearm preemption law that disallows local municipalities from passing laws more restrictive than the state without state approval. This allows open carry in any city as well as most municipal buildings.

Most federal property has restrictions on firearm possession. A review of federal firearm laws is recommended.

Additionally, private property owners can restrict firearms in their building and on their property. If you are asked to leave private property, you must do so or face a trespass charge.

Openly carrying a firearm has restrictions and is not for everyone. Become familiar with firearm laws and the use of deadly force. Carrying a firearm is a great responsibility each person must consider.

For those wishing to carry a firearm for protection and all lawful purposes, though, it is an option worth looking into. Remember, a right not exercised is a right lost.

- Brian Jeffs lives in Bath.

Can some of you MI residents in Detroit, Lansing, and Grand Rapids try OC'ing and tell me how it turns out for you? Thanks.

 

[Winchester 73]

I don't live in Michigan,but it seems like a well done,instructive article by Mr.Jeffs.
The more the general public is made aware of their legal gun rights the better it is for all of us who believe in the original intent of the 2nd Amendment.
Kudos to Brian Jeffs, who is from the town of the Bath school disaster, where a maniac killed dozens of children and teachers by setting off dynamite charges at an elementary school in 1927.

http://en.wikipedia.org/wiki/Bath_School_disaster

 

[Gunnerpalace]

Detroit, Lansing, and Grand Rapids

Try that in any of those and you would get a visit from the police, GR though it depends outside the city they are more conservative.

Other places it would be a bad idea:

South Haven
Ann Arbor
Kalamazoo

 

[dtown240]

I live in Ann Arbor. They mention that the state has preemption laws, but the University of Michigan campus (and Michigan State University in Lansing) are a no-go for open or concealed carry. It's interesting the way the Board of Regents is set up as if they were the mayor/city council of their little zone. The State of Michigan lists classrooms as a Gun-Free Zone, but the Board of Regents expand it to any property owned/leased by the University is off-limits.

 

[MachIVshooter]

In CO, anyone who can possess can open carry anywhere in the state, sans Denver (they will arrest you, even though we have a state preemption law). No restrictions on handguns in vehicles whatsoever (DOW regs apply to long guns).

I've done it, got some curious and sometimes alarmed looks, and decided CC was just a whole lot less hassle.

 

[novaDAK]

I didn't know MI had gun registration...does it?

 

[bsf]

I didn't know MI had gun registration...does it?

Only for firearms classified as handguns by our silly laws. It is done under the guise of "safety checks", but it is registration just the same. There was a bill introduced to remove from law the requirement for "safety checks", but the requirement for registration would remain.

 

[thumbody]

novaDAK

I didn't know MI had gun registration...does it?
Today 03:18 AM

When You purchase a handgun in Mi You must take it to the Chief law enforcement department in you area (Sheriff,Local Police department etc.) for a "Safety Inspection". Which amounts to a secretary recording (registering) the serial number and giving you a Green card with your name address make model and serial # for that particular gun. On the back of that card it basically says that this inspection does not insure that this gun actually is safe to use.

This only applies to handguns. Last year bills were introduced to abolish this requirement.