MI State Police Firearm FAQ Legal Update - Open Carry LEGAL in MI and other good stuf - Page 2

rocky · July 5th, 2008, 10:55 AM

Quote:

Originally Posted by para owner

I have to disagree with the safety inspection certificates point. My ex-brother in law is the local armorer and training officer for this area and the sheriffs dept. He states that if I loan my weapon(handgun) to a friend I must also give him the inspection certificate. I assume that if the person gets into a situation, where law enforcement has to check the serial numbers or background of the gun, having the inspection certificate will offer proof that he has legal permission by the owner to possess the gun.

The unfortunate truth is even Le cannot know or keep up with every law on the books. Typically they know the common stuff they see daily or more often.

ozshadow · July 5th, 2008, 11:04 AM

Quote:

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.

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.

Al Lowe · July 5th, 2008, 12:28 PM

Actually AG opinions carry the same weight as law until legislated or challenged in court and overturned. Example Mi law classified black powder muzzle loading guns as non registrable, but an old (70's) AG opinion said they should be and were until legislation was enacted that stated specifically otherwise.

(From another forum)

sixball · July 5th, 2008, 04:15 PM

I have had two pistols in for safety inspection in the last three months. In both cases the sheriff told me to keep the inspection green card with the gun at all times. I never checked the written law but was talking with my brother about two weeks be for this post came up. He does a lot of work for a township police department and told me BULL you do not need it in your position. Well now I don't need to research this thanks Nice post.
I believed the open carry be for the post but just wondering how far down the street you would get be for the local LEO might give you a little hassle? anybody have any experience?

Tubby45 · July 5th, 2008, 04:34 PM

I open carry a fair amount of the time and never got stopped by local or state police. They are pretty up and up on the gun laws here.

Al Lowe · July 5th, 2008, 05:47 PM

Quote:

Originally Posted by sixball

I have had two pistols in for safety inspection in the last three months. In both cases the sheriff told me to keep the inspection green card with the gun at all times. I never checked the written law but was talking with my brother about two weeks be for this post came up. He does a lot of work for a township police department and told me BULL you do not need it in your position. Well now I don't need to research this thanks Nice post.
I believed the open carry be for the post but just wondering how far down the street you would get be for the local LEO might give you a little hassle? anybody have any experience?

It is pretty typical for the LEO's that do the inspection to tell you to keep the green card with the gun. It's also typical for them to ask to see it if they stop you while you are carrying. The state police will tell you it is not required, but they recommend you keep it or a copy with you when packing. I took all the green cards for the pistols I might pack, and made a photo copy, and that is what I carry. The green card stays locked in a fire proof safe.

For Open carry stories, I suggest the forum at Open Carry dot Org.

DaveH · July 5th, 2008, 09:31 PM

Quote:

Michigan law does not require a person to have a copy of their certificate with their pistol after it has been registered

Sort of puts a stop to the claim it is not a registration.

Tubby45 · July 6th, 2008, 01:35 AM

Registered (placed) into the state police database that it was safety inspected. From the get go in 1925, it's understanding is that it was a pseudo-registration.

Supertac45 · July 9th, 2008, 08:29 PM

Michigan Law Enforcement is actually very pro-gun. I really doubt you'll ever have a problem here. Michigan Officer's are really professional.

Tubby45 · July 9th, 2008, 11:44 PM

Agreed.

July 5th, 2008, 12:28 PM	#13
Al Lowe Member Join Date: Apr 2005 Location: Lansing, MI, USA Posts: 431	Actually AG opinions carry the same weight as law until legislated or challenged in court and overturned. Example Mi law classified black powder muzzle loading guns as non registrable, but an old (70's) AG opinion said they should be and were until legislation was enacted that stated specifically otherwise. (From another forum) __________________ Al Lowe Coordinator, Michigan Pink Pistols http://www.pinkpistols.us Member Board of Directors for Shooters' Alliance for Firearm Rights (a REAL Grassroots organization) Last edited by Al Lowe; July 5th, 2008 at 05:49 PM. Reason: misspelled "black powder"

July 5th, 2008, 04:34 PM	#15
Tubby45 Distinguished Member Join Date: May 2005 Location: In the reloading room Posts: 1,988	I open carry a fair amount of the time and never got stopped by local or state police. They are pretty up and up on the gun laws here. __________________ Freakshow Manufacturing LLC "You can kill it. We can help." 07 FFL/ 02 SOT

July 6th, 2008, 01:35 AM	#18
Tubby45 Distinguished Member Join Date: May 2005 Location: In the reloading room Posts: 1,988	Registered (placed) into the state police database that it was safety inspected. From the get go in 1925, it's understanding is that it was a pseudo-registration. __________________ Freakshow Manufacturing LLC "You can kill it. We can help." 07 FFL/ 02 SOT

July 9th, 2008, 08:29 PM	#19
Supertac45 VIP Member Join Date: May 2006 Location: Michigan's U.P. Posts: 2,952	Michigan Law Enforcement is actually very pro-gun. I really doubt you'll ever have a problem here. Michigan Officer's are really professional. __________________ Les Baer 45 Sig Man N.R.A. Patron Life Member M.C.R.G.O.

July 9th, 2008, 11:44 PM	#20
Tubby45 Distinguished Member Join Date: May 2005 Location: In the reloading room Posts: 1,988	Agreed. __________________ Freakshow Manufacturing LLC "You can kill it. We can help." 07 FFL/ 02 SOT

July 5th, 2008, 04:15 PM	#14
sixball Member Join Date: Jan 2008 Location: Michigan Posts: 46	I have had two pistols in for safety inspection in the last three months. In both cases the sheriff told me to keep the inspection green card with the gun at all times. I never checked the written law but was talking with my brother about two weeks be for this post came up. He does a lot of work for a township police department and told me BULL you do not need it in your position. Well now I don't need to research this thanks Nice post. I believed the open carry be for the post but just wondering how far down the street you would get be for the local LEO might give you a little hassle? anybody have any experience?

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