View Full Version : Open carry info for newbies?
Snowman2
01-26-2009, 03:10 PM
Okay.. Without having to turn over every rock and past link, could you explain just what this is under a permanent(sp?) Title? Or at least point me in the right direction for rules so I don't get shot by the cops, because I am wandering around with a .44 on my hip!!
Venator12
01-26-2009, 03:37 PM
Okay.. Without having to turn over every rock and past link, could you explain just what this is under a permanent(sp?) Title? Or at least point me in the right direction for rules so I don't get shot by the cops, because I am wandering around with a .44 on my hip!!
Start here. http://opencarry.mywowbb.com/forum30/
Then go here for specific laws, citations, AG opinions, LEO interactions, etc. http://opencarry.mywowbb.com/forum30/13328.html
Read up for a while then ask your questions. Most should be answered on the 2nd thread. Hope this helps.
browninghunter
01-27-2009, 01:15 AM
i havent seen anything about whether u can open carry a loaded weapon or not.... can anyone tell me what the law is on that?
dougwg
01-27-2009, 01:26 AM
In France something is legal if there is a law saying so.
In America everything is legal as long as there is not a law prohibiting it.
There are no law that we have found that even mentions Open Carry.
ghostrider
01-27-2009, 01:53 AM
i havent seen anything about whether u can open carry a loaded weapon or not.... can anyone tell me what the law is on that?
In France something is legal if there is a law saying so.
In America everything is legal as long as there is not a law prohibiting it.
There are no law that we have found that even mentions Open Carry.
Basically, it’s what dougwg said. There is no law prohibiting the open carry of a loaded firearm, therefore it is legal. Further, Michigan’s constitution allows for the keeping and bearing of arms for defense of ones self, and the state.
However, if that isn’t enough for you, you could always check out Venator12’s link, as well as looking at the MSP updates that specifically state that OC is legal. Then, there is also the footage of the Hasting’s march last summer where the reporters stated that the AG’s office confirmed that OC is legal.
Do understand however, that just because it’s legal doesn’t mean that it’s for everyone. Also, if one decides to OC, then they should have a good working knowledge of not only the law, but also their rights and how to appropriately assert them during any potential LEO encounter. On top of all that, one should also be prepared to converse with any inquires (some hostile) from any fellow private citizens. While the incidents of people having trouble because of OC are rare, there have been people who have had problems with it. Most departments are gaining knowledge on the topic, but that doesn’t mean you won’t find rouge officer.
If your truly interested in gaining knowledge on the topic, you should go to the Michigan section of OCDO and read the stickies at the top of the page. Then, if you have any questions, just ask (most of your questions should be answered in those threads).
Also, I live in GR. If you want more info you can contact me. It was only a couple weeks ago when some of us got together for lunch at Arnie's on Lenard. Should have been there.
Jim Simmons
01-27-2009, 04:53 PM
In France something is legal if there is a law saying so.
In America everything is legal as long as there is not a law prohibiting it.
There are no law that we have found that even mentions Open Carry.
Then you haven't been paying attention.
Start by opening your 2006 hymnals (the one with the yellow cover) to page 131, and let us sing the first verse of hymn 750.243d, "Possession of firearm on certain premises prohibited;"
(To the tune of "Shall We Gather at the River")
Carry not at these premises,
A depositary financi-al
institution or a church-house
An arena, a theatre or a court.
Carry thou not at a daaaay care,
A hospital or a tavern,
Licensed per the liquor coooo-oode
Act 8 of all the Acts of '33.
The phrase "open carry" is not a legal description, it's a shorthand phrase that we have developed for casual conversation. So you won't find "open carry" either in the statutes or the case law.
Anywhere else in the hymnal where one finds the word "carry" or "carrying" and the word "firearm" or "handgun" and "pistol" (except where "pistol" is modified by the adjective "concealed"), one may also sing about the restrictions on "open carry."
Sing on, brethren.
dougwg
01-27-2009, 05:54 PM
So there is a law prohibiting open carry(possession, carry, carrying etc..) in those places... OK just as I said.
The OP asked to see the law that says it's OK to OC. I explained why there isn't one and why we most likely won't see one in the future.
My post stands.
Venator12
01-27-2009, 08:22 PM
Then you haven't been paying attention.
Start by opening your 2006 hymnals (the one with the yellow cover) to page 131, and let us sing the first verse of hymn 750.243d, "Possession of firearm on certain premises prohibited;"
The phrase "open carry" is not a legal description, it's a shorthand phrase that we have developed for casual conversation. So you won't find "open carry" either in the statutes or the case law.
Anywhere else in the hymnal where one finds the word "carry" or "carrying" and the word "firearm" or "handgun" and "pistol" (except where "pistol" is modified by the adjective "concealed"), one may also sing about the restrictions on "open carry."
Sing on, brethren.
And with most everything there are exceptions to the prohibited places and who can an can not carry either OC or CC. As for the term "open carry", perhaps Michigan doesn't use the term but I bet that at least one of the 6 states that outlawed it do.
Doug was trying to clarify that there is no law except perhaps, what is in the state constitution about keeping and baring arms, that states that OC is legal. There is a lack of a law that states that OC is in and of itself illegal.
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