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Disclaimer Nothing said by the presenter, or contained in this presentation, is to be construed as legal advice. It is your responsibility to seek the help of a skilled attorney.
Please hold questions until one of the question and answer breaks. Thank you!
Michigan Open Carry, Inc. Michigan Open Carry, Inc. (MOC) was formed as a Michigan non-profit organization in March of MOC was formed from the Michigan Forum on opencarry.org (OCDO). OCDO was started by John Pierce and Mike Stollenwerk in These men are responsible for revitalizing the growing practice of the open carry of a handgun. Michigan is one of the fastest growing states in regards to the practice of openly carrying a handgun.
Michigan Open Carry, Inc. - Objectives To educate and desensitize the public and members of the law enforcement community about the legality of open carry. To exercise a natural right to self-defense using the most efficient and common tool, a handgun. To demonstrate to the public that gun owners are one of the most lawful segments of society and they have nothing to fear from the lawful carry of a firearm. To protect our right to self-defense.
Michigan Open Carry, Inc. - Methods Hold free seminars like this to educate the public. Distribute information to local law enforcement agencies, local governments and the public in general. Have informal gatherings like picnics, lunches or dinners in public places throughout the state while open carrying holstered handguns. Contact the media, conduct interviews, relate information on the internet, and write articles and letters to the editor on the legality of open carry and firearm possession. Stay informed on legislation. Always be an ambassador of good will in regards to the safe and lawful carry of a firearm.
Open Carry Around The U.S. 44 states allow some type of Open Carry of a handgun. 6 states ban Open Carry. The Open Carry movement is growing in the US, much like the Concealed Carry movement has in the last years. Many studies show that lawful firearm owners are less likely to commit any kind of crime, let alone violent crime.
Open Carry Around The US
What Is Open Carry
Open Carry ?
Why Open Carry - Personal Comfort Some prefer to wear tighter clothing or fewer layers Preference - Everyone is different and methods of carry work differently for different people Cost
Why Open Carry - Practical Shown to deter crime Faster access to firearm Allows larger firearm and caliber Increased round capacity Age (legal at 18)
Why Open Carry - Political Desensitize the public and destigmatizes gun owners Public learns that their friends and neighbors are lawful gun owners Alerts and brings others to the cause Brings gun ownership out of the closet and into the mainstream
Assumptions YOU WILL BE SHOT FIRST! Not True: Though anything can happen, it is very unlikely. We take personal responsibility for our own safety. In Fact: Criminals tend to avoid persons they know are armed. (DOJ Report)
Assumptions PEOPLE WILL PANIC! Not True: Few people seems to notice a holstered handgun carried openly. In Fact: Some OCers are approached and asked if they are LEOs. When the OCer states they are not and informs the person that OC is legal in Michigan, the person is usually satisfied and both go about their business.
Why Open Carry Ultimately up to you. The most important thing is that you are able to protect yourself.
How Is Open Carry Legal In Michigan?
Disclaimer Again Nothing said by the presenter, or contained in this presentation, is to be construed as legal advice. It is your responsibility to seek the help of a skilled attorney.
How Is Open Carry Legal? State of Michigan Constitution Article 1 Section 6 – Every person has the right to keep and bear arms for the defense of himself and the State. (1963 MI Const.) There are some restrictions for those with and without a Concealed Pistol License (CPL).
How Is Open Carry Legal? Have you ever applied for a “purchase permit” or mailed in your registration? MCL (1) Except as otherwise provided in this section, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.
Additional Michigan Firearm Laws Preemption: In 1990, the Michigan legislature enacted MCL which provides, in pertinent part: A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.
Additional Michigan Firearm Laws Preemption Continued: Michigan Court of Appeals concluded in Capital Area District Library vs. Michigan Open Carry, Inc. (CADL v. MOC) October 25, 2012, No : "We conclude that state law preempts CADL’s weapon policy […] The library is a quasi-municipal corporation and, thus, a governmental agency subject to the principles of preemption when it attempts to regulate subject matter that is regulated by the Legislature."
Additional Michigan Firearm Laws Brandishing: AG Opinion No 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.“ “Brandishing" a weapon is defined to mean "that the weapon was pointed or waved about, or displayed in a threatening manner […] 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.
Open Carry WITHOUT a CPL
Open Carry Restrictions WITHOUT a CPL Be 18 years of age or older. Can only carry a handgun that is registered in your name. Places that firearm are restricted MCL d (Gun “Free” Zones) (1) Except as otherwise provided in subsection (2), a person shall not possess a firearm on the premises of any of the following: a)A bank or credit union b)A church c)A theater d)A sports arena e)A day care center f)A hospital g)An establishment licensed under the Michigan liquor control act. (2) This section does not apply to any of the following: a)An owner or an employee who has been contracted to provide security for that entity. b)A peace officer. c)A person licensed by this state or another state to carry a concealed weapon. d)Someone with permission.
Restrictions WITHOUT a CPL Continued Places that firearm are restricted continued MCL a (Schools and school property) (4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school zone is guilty of a misdemeanor […] (5) Subsection (4) does not apply to any of the following: a) An individual employed by or contracted by a school if the possession of that weapon is to provide security services for the school. b) A peace officer c) An individual licensed by this state or another state to carry a concealed weapon. […] e) An individual with permission. […]
Transporting a Firearm WITHOUT a CPL When transporting your handgun in a vehicle it must be unloaded and secured in the trunk. Excerpt from MCL a (transporting a firearm) (1) Subsection (2) of [MCL ] does not apply to any of the following: (d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL , and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle. (e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL , and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.
Federal Property Federal Buildings – IRA, SSA, USDA, Federal Courts, etc. -In short, NO, though parking lots are okay. (18 USC § 930) Post Offices -NO. All property including parking lots. (39 C.F.R. § 232.1(l)) -If the post office does not own the parking lot, then the parking lot is okay. National Parks and National Wildlife Refuges -YES, if allowed by state law. (36 CFR 2.4 and 50 CFR 27.42) -Stay out of any buildings. See top.
Questions / Break
Open Carry WITH a CPL
A CPL holder is NOT REQUIRED to conceal their handgun; the license allows the person to conceal carry as an option. (You have a license to drive but can still walk or ride a bike) A CPL holder can transport a loaded handgun in the passenger compartment of a vehicle. MCL a (1)(a) A CPL holder can carry another person’s handgun as long as that handgun is legally registered. MCL (1)(i)
Conceal Carry Restrictions WITH a CPL Be 21 years of age or older and meet all of the requirements for the license. Places that are restricted MCL o (“Pistol Free Zones or PFZs”) (1) […] an individual licensed under this act to carry a concealed pistol, or who exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following: a)School. In your vehicle while picking up or dropping of a child is OK. b)Day care center, child caring agency, or child placing agency. c)Sports arena or stadium. d)A bar where the primary source of income is the sales of alcoholic liquor by the glass for consumption on the premises. e)Any property or facility owned or operated by a religious institution. f)An entertainment facility have a seating capacity of 2,500 or more. g)A hospital. h)A dormitory or classroom of a community college, college, or university. i)A casino. (4) As used in subsection (1), “premises” does not include parking areas of the places identified under subsection (1).
Were You Paying Attention? With a CPL, is it LEGAL to Open Carry in the Concealed Carry restricted places listed in MCL o?
Watch Carefully … MCL d (1) Except as otherwise provided in subsection (2), a person shall not possess a firearm on the premises of any of the following: a)A bank or credit union b)A church c)A theater d)A sports arena e)A day care center f)A hospital g)An establishment licensed under the Michigan liquor control act. (2) This section does not apply to any of the following: a)An owner or an employee who has been contracted to provide security for that entity. b)A peace officer. c)A person licensed by this state or another state to carry a concealed weapon. d)Someone with permission. MCL o (1) […] shall not carry a concealed pistol on the premises of any of the following: a) School. In your vehicle while picking up or dropping of a child is OK. b)Day care center, child caring agency, or child placing agency. c)Sports arena or stadium. d)A bar where the primary source of income is the sales of alcoholic liquor by the glass for consumption on the premises. e)Any property or facility owned or operated by a religious institution. f)An entertainment facility have a seating capacity of 2,500 or more. g)A hospital. h)A dormitory or classroom of a community collage, college, or university. i)A casino (4) As used in subsection (1), “premises” does not include parking areas of the places identified under subsection (1).
OC In a PFZ With a CPL Michigan State Police Legal Update #86 – October 26, 2010 “Note, the above statute (28.425o) applies to CPL holders carrying a concealed pistol. If the CPL holder is carrying a non-concealed pistol, the statute does not apply. As noted above, the unlawful premises listed in MCL d do not apply to persons with a valid CPL. Therefore, a person with a valid CPL may carry a non-concealed pistol in the areas described in MCL o and MCL d.” Michigan Attorney General Opinion No – June 28, 2002 “It is my opinion, therefore, that a uniformed reserve police officer acting as an unpaid volunteer for a local police agency may carry an exposed, holstered pistol within the gun-free zones established by the Concealed Pistol Licensing Act; or, alternatively, possesses a valid concealed pistol license issued under the Concealed Pistol Licensing Act, he or she may also carry an exposed, holstered pistol within the gun free zones established by the Michigan Penal Code.” Lt. Thomas Deasy, Michigan State Police “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.”
Open Carry and Law Enforcement
Things To Remember Officers are reminded that the Fourth Amendment protects citizens from unreasonable searches and seizures. Carrying a non-concealed firearm is generally legal. Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot. For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol. Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation. Michigan State Police Legal Update #86 - Oct 26, 2010
Things To Remember Continued The U.S. Supreme Court in 2000 ruled that an anonymous tip that a person is carrying a gun is not sufficient to justify a police officer's stop and frisk of that person, even where descriptive detail regarding the subject has been corroborated. Florida v. J.L., 529 U.S. 266, (2000) An anonymous tip with a physical description and location that a person had a gun was not enough for reasonable suspicion, absent anything else to arouse the officer's suspicion. Pennsylvania v. D.M., U.S. 120 (2000)
Disclosure You are only required to disclose the fact that you are carrying a firearm and provide ID if you are carrying a concealed pistol in accordance with your CPL. You are only required to disclose if you are being detained. Casual conversations don’t count. MCL f […] (3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol […] and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol […].
Interacting With Law Enforcement As Open Carry has become more recognized, LEO interactions have become less frequent, however, they can still happen. If you are stopped by a LEO, let them know you are lawfully Open Carrying. Know your rights. You do not have to answer any questions or even present ID. Should you? Only you can decide what is best for your and your situation. If the officer wants to disarm you, let the officer remove your firearm. Do not place your hands anywhere near the firearm. We recommend you cooperate with all lawful requests. Continue to repeat that open carry is legal and ask “Why am I being detained?” Do not argue with the LEO. Do not editorialize on the law. Do not say anything that will be used against you. If you are arrested, know your 5 th Amendment right to remain silent and call an attorney when possible.
Interacting With Law Enforcement In many states where OCers have been illegally detained or arrested, Federal Civil Rights lawsuits have been won. Federal Civil Rights lawsuits were filed against Grand Haven and Ottawa County, and Warren in Michigan. These cases were settled out of court. The goal is to avoid these kinds of actions through education and outreach.
Ambassadorship Remember, when you carry your handgun openly, you become a face for all gun owners. How you look and, more importantly, how you act affects how your message is received.
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