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Discussion Starter #1
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.
 

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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
 

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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.
 

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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.
 
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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.
 

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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.
 

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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?
 

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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.
 

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Discussion Starter #12
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.
 

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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.
 

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Discussion Starter #14
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.
 

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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.
Waite the 60days and then start the paper work, Maybe if enough people starting makeing noise they might start following the laws themselves.
 

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Know the laws regarding your state and community. Carry accordingly. Be polite, not confrontational or aggressive and you will be fine. Open carry is not the evil that so many try to make it.
 

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Know the laws regarding your state and community. Carry accordingly. Be polite, not confrontational or aggressive and you will be fine. Open carry is not the evil that so many try to make it.
You are correct in this statement.

OP IMO I think you should wait for your CPL. If the city you live in has issues with OC, I would avoid it...
 

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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.
If you have deep pockets; yep..it's worth it.
 
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