Open carry - concealed carry
This is a discussion on Open carry - concealed carry within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; You should always check the laws yourself and not depend upon forum advice by itself but as I understand it you would be fine in ...
September 15th, 2009 11:25 PM
You should always check the laws yourself and not depend upon forum advice by itself but as I understand it you would be fine in Kentucky. And you would not be brandishing since you were not pointing it at someone or waving it about in a threatening manner.
September 16th, 2009 09:41 AM
Michigan law is pretty clear on what Brandishing is. In a holster, can not be considered brandishing.
Originally Posted by BaserRonin
from: http : // miopencarry.weebly.com/
BRANDISHING Opinion No. 7101 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." This definition comports with the meaning ascribed to this term by courts of other jurisdictions…the court recognized that in federal sentencing guidelines, "brandishing" a weapon is defined to mean "that the weapon was pointed or waved about, or displayed in a threatening manner." Applying these definitions to your question, it is clear that a reserve police officer, regardless whether he or she qualifies as a "peace officer," when carrying a handgun in a holster in plain view, is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm in violation of section 234e of the Michigan Penal Code. 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.
September 16th, 2009 09:46 AM
I don't CC and I'm not lawyer. My research led me to this from http : // miopencarry.weebly.com/
Originally Posted by Mags
Added: Which applied to Michigan!
BOLD added by me.
Opinion No. 7097 January 11, 2002… A person licensed by this state… to carry a concealed weapon….By its express terms, section 234d prohibits certain persons from carrying a firearm in the enumerated places but explicitly exempts from its prohibition “[a] person licensed by this state or another state to carry a concealed weapon.” Thus, any person licensed to carry a concealed pistol, including a private investigator, is exempt from the gun-free zone restrictions imposed by section 234d of the Penal Code and may therefore possess firearms while on the types of premises listed in that statute.
“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.”
September 16th, 2009 09:50 AM
Originally Posted by Miggy
That's a good one. Is that a recent or older portrait?
"Without fear there can be no Courage!"
September 16th, 2009 01:07 PM
In a nutshell, IF this happens, and you aren't aware of it, then yes, you are technically guilty of a violation of law. IF you become aware and retuck your shirt, then you are fine.
Originally Posted by OldLincoln
I mean, really, sometimes we just overthink things. What prosecutor will try to say you're guilty of OC a loaded firearm when it was the wind blowing your jacket open? What police officer is going to arrest you for it when he didn't see it? And, even if he DID see it, once you show your permit and explain don't you think the LEO is just going to warn you to be more careful?
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