Open Carry in Michigan

[SIRVEYR666]

I sent numerous e-mails, regarding open carry, to the MI AG back in February. They finally got back to me.

(Name and e-mail withheld for posting purposes)

Citizen Inquiry AG# 2008-3017901

Attorney General Cox has requested that the Criminal Division respond to your e-mail regarding Michigan firearms laws. We apologize for not responding sooner. However, this office receives hundreds of letters each week and some delays are inevitable.

Pursuant to Michigan Compiled Law (MCL) 750.234.d, one who has fulfilled all other requirements for carrying a firearm may carry a visible pistol in public. (*Please note exceptions do apply to this rule) Nevertheless, you must consult the appropriate MCL’s to assure that you are acting in full compliance with any exceptions that may exist regarding this law and other laws pertaining to firearms in the State of Michigan.

Important to note is that the Michigan Department of Attorney General is not responsible for any “mistakes/misinterpretations of law” that may occur when you attempt to interpret any of the foregoing statutes regarding firearms. Therefore, you may wish to consult with a private attorney regarding any specific questions you have regarding the interpretation of Michigan laws.

Lastly, we highly discourage citizens from openly carrying firearms as such practices will likely lead to fellow concerned citizens, who are unaware of the open carry law, contacting local law enforcement. Such complaints will undoubtedly result in local law enforcement personnel requesting the appropriate documentation as well as subjecting the citizen wishing to exercise his/her open carry rights to any other procedural policies the law enforcement agency might have regarding such concerns.

Thank you for your inquiry.

Donna L. Pendergast
First Assistant Attorney General
Criminal Division

 

[RaspberrySurprise]

So don't exercise your rights cause it might scare the soccer moms and might get you harased by law enforcement. The stupidity, it burns.

 

[Z-Michigan]

I disagree. I think this is a very reasonable response and correctly reflects both the law and common sense. Most parts of Michigan where people live (i.e. Detroit, Grand Rapids) are not socially receptive to open carry, and while it may be legal you're going to find it a hassle. Now, in rural areas or most of the UP, go right ahead. This response doesn't say it's illegal, just says it may not be advisable. I think that's a common theme of open carry in most places, with the exception of the most RKBA-friendly states like Vermont, Alaska, Wyoming etc.

I'm sure this has been discussed in many threads, but tactically speaking CCW is better for most situations in public/developed areas - e.g. defending against muggers, spree shooters, etc.

 

[starshooter231]

As I see it if you don't mind being "hassled" by your local LEOs, DO IT. As long as you are obeying the law they can't do a darn thing about it. I have attached a copy of a MSP Legal Update regarding open carry. If you wish to see the Legal Updates for yourself go to http://mi.gov/msp/0,1607,7-123-6498-16120--,00.html and click on MSP LEGAL UPDATES.

The BOLD is the text.
BACK-TO-BASICS
Firearms-related frequently raised issues
What follows are the short answers to those firearms-related questions most often asked by police officers and the public.
Open carry of firearms
Subject to MCL 750.234d, it is legal to carry a visible pistol in public.
Possession of a pistol belonging to another
Per MCL 28.432, a person with a Concealed Pistol License (CPL) may legally possess a properly registered pistol belonging to another. The owner need not be present.
Possession of pistols by non-residents
A resident of another state may possess a pistol in Michigan if they have a CPL issued by their state of residence (MCL 28.432 & MCL 28.432a). Without a CPL, a non-resident may not have a pistol in Michigan.
Safety Inspection Certificates
Michigan law does not require a person to have a copy of their certificate with their pistol after it has been registered; nor does the law require that a person keep a copy.
Transporting ammunition and long-guns
MCL 750.227d describes the lawful way to transport a shotgun or rifle. While they must be unloaded, they may be transported in the same case as ammunition (including loaded magazines).
CPL holders – required notifications
The notification requirements of MCL 28.425f only apply when a CPL holder is actually carrying a concealed pistol. Nothing in Michigan law allows an officer to search a CPL holder to determine whether they are carrying a pistol.

Now as for me I do open carry on occasion. So far I have had zero problems with my local LEAs. I am also aware that it is possible for the LEOs in my area to try and give me a hard time but, if I'm not breaking the law they can't do a darn thing.

 

[Standing Wolf]

[sincerity] Wow! Weasel words from a public trough feeder! [/sincerity]

 

[enfield]

Mike Cox is one of the good guys -- he's merely stating the facts as they apply to open carry in Michigan, a liberal *****hole. It's legal, do it at your own risk.

 

[Z-Michigan]

+1, Cox has been quite good to Michigan gun owners. And he doesn't make the laws, he just enforces them.

For those who aren't local, Michigan has a huge range of social realms, from some that are borderline western (most of the UP) to areas that would fit in well in NJ (Detroit proper) and everything in between.

 

[RaspberrySurprise]

If it's legal they shouldn't be hassling you. One of the problems we have is that people are willing to accept a certain amount of harassment to be able to exercise their rights. If more people were willing to push back a bit things would probably be better. I'm not trying to put down everyone who doesn't sue a city when the cops hassle them I can understand that not everyone has the time or money to do it. It just grinds on me every time I see someone get stepped on and nothing happens.

 

[whosyrdaddy]

I can't imagine what "the appropriate documentation" could be.

But "any other procedural policies" sounds like it could be downright painful.

You should write her back about the documentation thing, it might be worth a good laugh.

 

[starshooter231]

If it is legal for you to own a handgun in Michigan you can open carry it. As for "the appropriate documentation" part the only thing that a LEO can ask you for is your DL or ID. And as long as you are 100% sure you are not violating the law you DO NOT have to give it to them. IF you chose not to give them your ID I would bet that they "find" something to charge you with.


If you are thinking about OCing I recommend that you check out opencarry.org it is a great site.


Jason

 

[freakshow10mm]

I can't open the .pdf file.

 

[poor_richard]

Pursuant to Michigan Compiled Law (MCL) 750.234.d, one who has fulfilled all other requirements for carrying a firearm may carry a visible pistol in public. (*Please note exceptions do apply to this rule) Nevertheless, you must consult the appropriate MCL’s to assure that you are acting in full compliance with any exceptions that may exist regarding this law and other laws pertaining to firearms in the State of Michigan.

Sorry but,

Whoever wrote that nonsense is probably expecting you to not actually read MCL 750.234.d.

It reads as follows:

Section 750.234d

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931​

750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.
Sec. 234d.
(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(b) A church or other house of religious worship.
(c) A court.
(d) A theatre.
(e) A sports arena.
(f) A day care center.
(g) A hospital.
(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.
(2) This section does not apply to any of the following:
(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.
(b) A peace officer.
(c) A person licensed by this state or another state to carry a concealed weapon.
(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.
(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.​

This is the law for Michigan’s CEZ (or pistol free zones), which are exempt for CPL holders (see section (2)c), and it says nothing about carrying in public (unless you consider those "certain premises" to be public). How that bureaucrat took “certain premises prohibited”, to mean “in public” is quite the leap. Nowhere does it state that you need to have, "fulfilled all other requirements for carrying a firearm ". There are no requirements for carrying a firearm beyond being allowed to legally own said firearm, there are only requirements to carry a firearm concealed.

 

[Tyris]

I can't imagine what "the appropriate documentation" could be.

Police in general are very ignorant about laws of anything beyond "60mph > 55mph = ticket". Ergo, the appropriate documentation would be a copy of the law. Highlight the interesting portions for them.

In my experience michigan police are an especially dumb lot, and I do not expect much from them beyond a heart beat and minimal brain activity.

My brother had once had a state trooper tell him that his "hollow points were illegal" because they were the same kind he used. Hogwash. My brother pulled out the receipt from WalMart for the Hydrashoks and left the guy dumb founded. That officer was later arrested for cocaine use, he crashed his truck into a telephone pole before his trial and is now busy taking a dirt nap.

He had another Lansing city police look at his CHL and dumbly ask "whats this?". Seems someone forgot to inform him that it was now OK to carry a handgun legally. He had to radio back to his station and get clued in.

-T

 

[whosyrdaddy]

But how do you get it there?

Without a cpl, you may have to walk to the place you wan't to carry.

Here's another from the MSP site.
http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._59_216014_7.pdf

While this list seems exhaustive, it’s worth noting that the statute does not allow a person to transport a pistol in a vehicle simply because they choose to do so. In such cases, the person would be in violation of MCL 750.227.

The Michigan concealed weapons statute (MCL 750.227(2)) makes it illegal to transport a pistol anywhere in a vehicle unless the person is licensed to carry a concealed pistol. Exceptions can be found in MCL 750.231a, which allows transportation of pistols for a “lawful purpose.” A lawful purpose is defined as going to or from any one of the following:
A hunting or target area
A place of repair
Moving goods from a home or business to another home or business
A law enforcement agency (for a safety inspection or to turn the pistol over to the agency)
A gun show or place of sale or purchase
A public shooting facility
Public land where shooting is legal
Private property where a pistol may be lawfully used

 

[highorder]

In my experience michigan police are an especially dumb lot, and I do not expect much from them beyond a heart beat and minimal brain activity.

That's not very fair, accurate or necessary.

How much experience do you have with Michigan Law Enforcement?

My brother had once had a state trooper tell him that his "hollow points were illegal" because they were the same kind he used. Hogwash. My brother pulled out the receipt from WalMart for the Hydrashoks and left the guy dumb founded. That officer was later arrested for cocaine use, he crashed his truck into a telephone pole before his trial and is now busy taking a dirt nap.

yep, a bad cop. They exist everywhere as a small percentage of LEO's. The exception is not the rule.

 

[Gunnerpalace]

Michigan......is a lot like California but with less gun laws and jobs.

Up north Conservative,

To the SW and Detroit Liberal,

 

[freakshow10mm]

The officers in my area in the UP are very well aware of the laws. They don't bat an eye when I OC.

 

[Sheldon J]

So don't exercise your rights cause it might scare the soccer moms and might get you harased by law enforcement. The stupidity, it burns.

I would not sell the soccer mom's short, it was a big group of them that shut down a major kids and yes it was soccer event. When the anti gunners tried circulating a petition to stop our "Shall Issue" law from taking effect, they literally shut the event down until the anti group was expelled from the event with the warning of don't let it happen again.

 

[silent_killer]

Ok, since some are talking about the OC with vehicles, how does a motorcycle come into play, since you can technically carry it, 100% visible. Does this still violate the law?

 

[Brett Bellmore]

As long as you are obeying the law they can't do a darn thing about it.

As long as you are obeying the law they may eventually get in trouble for doing a darn thing about it. (Though I wouldn't bet on it!) But I assure you that they darned well CAN "do a darn thing about it", as in charging you with "brandishing". You might be acquitted in the end, but it's still going to be a great big hassle.

 

[freakshow10mm]

Open carry is not brandishing. This has been covered many times. There is a DA downstate that got his ass handed to him by the AG's office because he filed charges on someone for openly carrying. The AG's office told him "drop the charges or else".

Ok, since some are talking about the OC with vehicles, how does a motorcycle come into play, since you can technically carry it, 100% visible. Does this still violate the law?

"In a vehicle" is interpreted to include "on a vehicle" such as riding a motorcycle, snowmobile, or ATV. If you are riding a motorcycle, snowmobile, or ATV it is considered concealed and you need a CPL to open carry.

Bottom line= operating a motor vehicle=CPL for open carry.

A pedal bicycle is not a motor vehicle so no permit is needed for open carry of any firearm. You can ride your bicycle with a loaded rifle across your back and it is perfectly 100% legal.

 

[lawson4]

Possession of pistols by non-residents
A resident of another state may possess a pistol in Michigan if they have a CPL issued by their state of residence (MCL 28.432 & MCL 28.432a). Without a CPL, a non-resident may not have a pistol in Michigan.

I see that if you go to Michigan to participate in a match, you MUST have a CPL, or go to jail. Also, if I go to my brother's house near Stanton, I can't practice at the local range he belongs to, with him; I can only watch.

lawson4

 

[freakshow10mm]

Correct.

 

[Polish_Pounder]

FreakShow,

Where have you carried other than Laurium up here? I have been considering OCing aroung the Houghton/Hancock area once I get a better OWB holster and I wasn't sure if I should send them the opencarry.org info packet or just go ahead and do it.

Thanks,

-Polish

 

[bobbarker]

Wow...Some Ignorance when talking about Michigan Police Officers. You don't like it out there? Try it in California. I was born and Raised Michigan, and am stationed out in Cali, and let me tell you, you have nothing to complain about with MI Police Officers. I may be a BIT biased against Cali officers, considering my recent arrest....but still. MI LEO's are not bad.