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Originally Posted by Tubby45
And yes, in Michigan the attorney general's opinion IS binding legal precedent. The AG's opinion is the interpretation of the law and is applied with the same precedent as case law. This is how open carry is not brandishing, machine guns are now legal, and a host of other opinions came about.
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It is not binding legal precedent in the least. A judge can consider it or throw it out without further thought. If it was binding precedent, it would be the equivalent of the prosecutor telling the judge what the law is instead of the judge being an impartial part of the process determining what the law is for himself or herself, based on prior case law or the judge's own personal interpretation where none exists.
What an attorney general's opinion does do is provide guidance to other prosecutors throughout the state who may or may not follow it, and also allow any person charged with a crime related to an AG opinion's subject to advance some form of reasonable justification why he or she should not be found guilty of breaking the law.