Open Cary while waiting for a CPL…

This is a discussion on Open Cary while waiting for a CPL… within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in a county where the wait time is 5 months to get your CPL (Concealed Pistol License) and I am 6 weeks in. ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 19
Like Tree4Likes

Thread: Open Cary while waiting for a CPL…

  1. #1
    Member Array MJClark's Avatar
    Join Date
    Jan 2013
    Location
    West Michigan
    Posts
    344

    Open Cary while waiting for a CPL…

    I live in a county where the wait time is 5 months to get your CPL (Concealed Pistol License) and I am 6 weeks in. However, I live in Michigan, which permits open carry without prior approval. So I have been thinking of open carrying until my CPL arrives, but then I run into 10,000 questions regarding at what point is it concealed and at what point is it open.

    I also run the dilemma that open carry is illegal in my City, however the mayor has even admitted that the City law is in violation of the state law, so I am 100% I could win it in court if I needed to. However, since I am in the waiting for my CPL to show up time frame, I wonder if it is worth the hassle.

  2. Remove Ads

  3. #2
    Distinguished Member Array lionround's Avatar
    Join Date
    Jan 2013
    Location
    Memphis
    Posts
    1,587
    Patience is a virtue. Unless you want to spend the rest of the time that you would waiting for you permit in and out of jail, court, lawyers' offices, etc. I would just wait it out. My .02
    The early bird gets the worm, but the second mouse gets the cheese.
    -- Steven Wright
    1950 Colt .38 Police Positive Special
    2013 SCCY 9mm CPX-2 Stainless Steel
    US Army 1973-1977, 95B

  4. #3
    Ex Member Array heatherr855's Avatar
    Join Date
    Feb 2013
    Location
    S.C.
    Posts
    192
    Laws can be so complex,it seems with certain things.That said,i don't see how a city law can over ride a state law.They tried that here,except it was that everyone riding a motorcycle had to wear a helmet.That's different from state law.They had to drop it,after some took them to court.

  5. #4
    Senior Member Array oldman45's Avatar
    Join Date
    Mar 2013
    Location
    Louisiana
    Posts
    1,121
    My advice. Wait til you get your permit. Any action taken against you for open carry where forbidden, right or wrong, will stop your application. It is just not worth it.
    Aceoky likes this.
    A 9mm might expand but a .45acp never shrinks.

  6. #5
    Member Array Dnbailey's Avatar
    Join Date
    Apr 2013
    Location
    United States
    Posts
    60
    You may be able to win long term in court, but you don't want the fuzz to confiscate your pistola in the meantime.

    Sent from my Galaxy Note 2 using Tapatalk

  7. #6
    Member Array fredg53's Avatar
    Join Date
    Feb 2013
    Location
    Cleveland
    Posts
    393
    I am in the same position I am waiting it out I dont want the hassles and or mess up my pending app

  8. #7
    Member Array Kevets's Avatar
    Join Date
    Jan 2012
    Location
    Michigan
    Posts
    29
    Quote Originally Posted by MJClark View Post
    So I have been thinking of open carrying until my CPL arrives, but then I run into 10,000 questions regarding at what point is it concealed and at what point is it open.
    Michigan law says completely exposed is open, and even 1% covered is concealed (ignoring the 'in a holster' factor). Kent County? I've heard they're issuing in a reasonable timeframe the last few months.

  9. #8
    Member Array rutcrazed's Avatar
    Join Date
    Jan 2013
    Location
    Michigan
    Posts
    273
    Open carry in Michigan is legal. There are people that do it every day. Do not repeat DO NOT get in a car while carring open, to do so is considered concealed. The choice is yours to make. Because it is legal does not mean you would not be harrassed.
    40Bob likes this.
    I Love Guns!!!

  10. #9
    VIP Member
    Array OldVet's Avatar
    Join Date
    Nov 2009
    Location
    S. Florida, north of the Miami mess, south of the Mouse trap
    Posts
    14,554
    Being charged with illegal OC, even though it may get thrown out at a later date, would make a mess of your CCW application. Is it a gamble you want to take?
    Retired USAF E-8. Avatar is OldVet from days long gone. Oh, to be young again.
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  11. #10
    Member Array mnmbrewing's Avatar
    Join Date
    Apr 2012
    Location
    Michigan
    Posts
    159
    If you decide you want to do this I would suggest having this conversation with the Lawyer that is going to represent you in the test case. Remember the kid in Royal Oak, I believe. His case took months to be resolved and the city lawyers have no urgent need to resolve the case. You however will be denied your CPL due to pending criminal charges. A five month wait Sufis but if you get charged and the case drags out you will be waiting even longer. Oh and the advise about not having the gun loaded in the car is good advise. There have been cases that resulted in convictions for illegal CC. Be safe and careful.

  12. #11
    Member Array rutcrazed's Avatar
    Join Date
    Jan 2013
    Location
    Michigan
    Posts
    273
    One should not fear to exercise a legal right,,,,just sayin.
    carracer likes this.
    I Love Guns!!!

  13. #12
    Member Array MJClark's Avatar
    Join Date
    Jan 2013
    Location
    West Michigan
    Posts
    344
    Quote Originally Posted by Kevets View Post
    Michigan law says completely exposed is open, and even 1% covered is concealed (ignoring the 'in a holster' factor). Kent County? I've heard they're issuing in a reasonable timeframe the last few months.
    Reasonable time frame? No disrespect but that is funny. I was told 5 month's when I applied and our CLP instructor said that he has yet to see anyone in the county get their CPL in less than 3 1/2 months.... and that was last fall. The Clerk here is an outspoken anti-gun advocate and while there is some question if she is breaking any laws or not, it is no secret that the CPL's is the very bottom of her to-do list.

    Based on what I hear above, I will just leave my M&P Shield in the safe (unless I am off to the range), and wait until my card arrives. Thanks for the suggestions and input.

  14. #13
    New Member Array Ventus's Avatar
    Join Date
    Jan 2013
    Location
    US
    Posts
    11
    Michigan has no law specifically prohibiting or allowing, open carry and thus is legal to open carry by the state constitution. Michigan State Firearm Law Preemption, forbids any local unit of government from enacting laws regarding firearms differing from statewide firearm laws see MCRGO v Ferndale. Under Michigan firearm laws for concealed carry, from the time the FBI receives the finger prints, the county has 60 days maximum to either issue or deny the the issuing of a concealed pistol license, if no decision to issue or deny an individual a cpl within those 60 days is reached, a temporary permit must be issued to the applicant.

  15. #14
    Member Array MJClark's Avatar
    Join Date
    Jan 2013
    Location
    West Michigan
    Posts
    344
    Quote Originally Posted by Ventus View Post
    Michigan has no law specifically prohibiting or allowing, open carry and thus is legal to open carry by the state constitution. Michigan State Firearm Law Preemption, forbids any local unit of government from enacting laws regarding firearms differing from statewide firearm laws see MCRGO v Ferndale. Under Michigan firearm laws for concealed carry, from the time the FBI receives the finger prints, the county has 60 days maximum to either issue or deny the the issuing of a concealed pistol license, if no decision to issue or deny an individual a cpl within those 60 days is reached, a temporary permit must be issued to the applicant.

    I agree with your comments regarding the state law, however until there is an official ruling in regards to my City's illegal gun regulations, I rather not get mixed up in messy court battles.

    As for the time frame for the issuance of a CPL, that part is 60 days. According to the law, it could actually get stretched out to 102 days before a temporary has to be issued. The 60 days is from when the gun board receives all the information, not from when we submit our applications to the county Clerks. In Michigan, there is all the background checks, the paperwork shuffle at the clerks office, letters of support, and all of the other things that are required as part of the request.

  16. #15
    Member Array Qtip's Avatar
    Join Date
    Dec 2011
    Location
    Mississippi/Tennessee
    Posts
    212
    If it's legal, and you want to and can do so responsibly, I'd say go for it.
    carracer likes this.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

2013 wayne county cpl wait times
,
cpl denial kent
,
is it illegal to have a ccw while waiting for cpl in mail
,
kent county 3 months no cpl
,

kent county cpl

,

kent county cpl status

,
kent county mi open carry
,
kent county michigan cpl wait time
,
mi cpl renewal wait time
,
michigan,wayne co cpl wait times
,
waiting on michigan cpl
,
where is my cpl kent county
Click on a term to search for related topics.