Venator12
09-29-2008, 09:58 AM
CPL INSTRUCTORS AND OPEN CARRY
We often hear about CPL instructors telling their students that either open carry is illegal or it’s legal but you will be charged with brandishing. Both are incorrect. I recommend that CPL instructors touch on open carry using or modifying the outline below.
1) Open carry is legal in Michigan, period.
2) Having a CPL does not relieve you of your right to open carry; it allows you the choice to conceal your handgun if you wish
3) A gun in a holster is not brandishing. (AG opinions Opinion No. 7101 February 6, 2002). Brandishing is defined as “1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. A menacing or defiant wave or flourish.”
4) Based on two AG opinions and the Michigan State Police a CPL holder can open carry a handgun in the gun free zones listed in 750.234d. (AG Opinions No. 7097 January 11, 2002 and No. 7097 January 11, 2002 ). (“Your analysis is correct. ]Non-CPL pistol free zones do not apply to CPL holders. The CPL pistol free zones only apply to CPL holders carrying a concealed pistol. Therefore, a CPL holder may openly carry a pistol in Michigan's pistol free zones.” Sgt. Thomas Deasy, Michigan State Police Executive Resource Section, (517) 336-6441.) There is no known case law to support or overturn these opinions
5) No local ordinances can ban firearm possession (includes both open and concealed carry (with a CPL) on or in public property due to the 1990 preemption law 750 123.1102. This was upheld by The Michigan Court of Appeals on April 29, 2003; v No. 242237. Any local ordinance that bans firearms on or in public property is illegal. State and Federal laws may apply.
6) Though 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.
Disturbing the peace deals with any acts in a violent, boisterous, turbulent, quarrelsome, indecent, or disorderly manner, or to use profane, obscene, or vulgar language, or to commit any act, or to do anything to disturb the good order, peace and dignity of the city, its inhabitants or other persons. Disorderly Conduct deals with being intoxicated in a public place and to either endanger directly the safety of another person, or of property, or to act in a manner that causes a public disturbance.
7) Open carry does not make you a target of crime. There is no creditable evidence that this has every happened to a citizen. Police officers and security guards have been targeted due to the nature of their jobs. There is an abundance of anecdotal evidence that suggests that open carry deters crime. A US Department of justice report found that criminals target those that are or are believed to be unarmed over an armed victim.
8} Open carry allows for a larger caliber and more rounds. Faster draw. In warm climates and in summer open carry is conducive to a more comfortable carry.
9) If you open carry a good retention holster is recommended, as well as being aware of your surroundings.
Ultimately the choice to open or conceal carry is the individuals as there are advantages with both methods.
We often hear about CPL instructors telling their students that either open carry is illegal or it’s legal but you will be charged with brandishing. Both are incorrect. I recommend that CPL instructors touch on open carry using or modifying the outline below.
1) Open carry is legal in Michigan, period.
2) Having a CPL does not relieve you of your right to open carry; it allows you the choice to conceal your handgun if you wish
3) A gun in a holster is not brandishing. (AG opinions Opinion No. 7101 February 6, 2002). Brandishing is defined as “1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. A menacing or defiant wave or flourish.”
4) Based on two AG opinions and the Michigan State Police a CPL holder can open carry a handgun in the gun free zones listed in 750.234d. (AG Opinions No. 7097 January 11, 2002 and No. 7097 January 11, 2002 ). (“Your analysis is correct. ]Non-CPL pistol free zones do not apply to CPL holders. The CPL pistol free zones only apply to CPL holders carrying a concealed pistol. Therefore, a CPL holder may openly carry a pistol in Michigan's pistol free zones.” Sgt. Thomas Deasy, Michigan State Police Executive Resource Section, (517) 336-6441.) There is no known case law to support or overturn these opinions
5) No local ordinances can ban firearm possession (includes both open and concealed carry (with a CPL) on or in public property due to the 1990 preemption law 750 123.1102. This was upheld by The Michigan Court of Appeals on April 29, 2003; v No. 242237. Any local ordinance that bans firearms on or in public property is illegal. State and Federal laws may apply.
6) Though 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.
Disturbing the peace deals with any acts in a violent, boisterous, turbulent, quarrelsome, indecent, or disorderly manner, or to use profane, obscene, or vulgar language, or to commit any act, or to do anything to disturb the good order, peace and dignity of the city, its inhabitants or other persons. Disorderly Conduct deals with being intoxicated in a public place and to either endanger directly the safety of another person, or of property, or to act in a manner that causes a public disturbance.
7) Open carry does not make you a target of crime. There is no creditable evidence that this has every happened to a citizen. Police officers and security guards have been targeted due to the nature of their jobs. There is an abundance of anecdotal evidence that suggests that open carry deters crime. A US Department of justice report found that criminals target those that are or are believed to be unarmed over an armed victim.
8} Open carry allows for a larger caliber and more rounds. Faster draw. In warm climates and in summer open carry is conducive to a more comfortable carry.
9) If you open carry a good retention holster is recommended, as well as being aware of your surroundings.
Ultimately the choice to open or conceal carry is the individuals as there are advantages with both methods.