H.B. 5091, 5092 Brandishing

[Tallbear]

• HB 5091 of 2013
  Weapons; other; brandishing a firearm; exempt the carrying of a firearm that is holstered or carried on a sling. Amends sec. 234e of 1931 PA 328 (MCL 750.234e). TIE BAR WITH: HB 5092'13
  Last Action: 10/22/2013 referred to Committee on Judiciary
• HB 5092 of 2013
  Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 5091'13
  Last Action: 10/22/2013 referred to Committee on Judiciary

[Walther]

(Gasp!) An actual definition of what constitutes brandishing!

[dhrith]

(Gasp!) An actual definition of what constitutes brandishing!

Correction. What doesn't constitute brandishing. ....;p

[Roundballer]

Correction. What doesn't constitute brandishing. ....;p

No, it is an exemption from brandishing in one law, and definition of the word brandish in another:

Sec. 234e. (1) Except as provided in subsection (2), a person shall not knowingly brandish a firearm in public.

(2) Subsection (1) does not apply to any of the following:

1. A peace officer lawfully performing his or her duties as a peace officer.
2. A person lawfully engaged in hunting.
3. A person lawfully engaged in target practice.
4. A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm.
   
5. A person who is not prohibited from owning or possessing a firearm and is in lawful possession of an openly carried firearm that is holstered or carried on a sling.

Sec. 222. As used in this chapter:
<snip>
(c) "Brandish" means to point, wave about, or display in a threatening manner.

[bigt8261]

Roundballer is correct and in the end it's both what is and what is not brandishing.

These bills will hopefully cement AG 7101. Right now law enforcement and the courts may, but do not have to, follow 7101. If everything is cemented into a statute, it will be clearer to everyone, and will leave less wiggle room for those looking for a way to pushing people for doing something they personally do not approve of.

[248 Shooter]

Called my reps and shared with followers. It would be nice to see clear definitions instead of interpretation.

[detroitbassist]

Would this become the first law that specifically codifies open carry (in Michigan)?

[dhrith]

Ahh indeed it does in the second.
I scanned it too quick and overlooked it.

[Walther]

Would this become the first law that specifically codifies open carry (in Michigan)?

I think no. Moreover, if they finally decided to write a bill that actually describes brandishing, how far behind can a bill be that specifically codifies OC? Perhaps with some less than desirable language?

[TheQ]

Much discussion here:

http://www.migunowners.org/forum/sho...d.php?t=267827