| Author | Post |
|---|
T Vance
Regular Member
|
Posted: Sat Nov 21st, 2009 12:24 pm |
|
From what I recall reading, you can OC a rifle and/or shotgun around a city/town area as long as you have a hunting license for that time period. Correct?
Could a person OC a rifle and/or shotgun into a store/business as long as they don't sell alcohol? A friend of mine is out hunting this morning as was asking that question. I figured I'd pose it.
|
conservative85
Regular Member
| Joined: | Sat Aug 16th, 2008 |
| Location: | |
| Posts: | 641 |
| Status: |
Offline
|
|
Posted: Sat Nov 21st, 2009 01:02 pm |
|
There is no law for or against the O.C. of a long gun same as pistol. There are DNR laws that are strict about having a firearms in hunting areas and around wildlife that could be construed as game animals. So if you long gun O.C. and walk pass a field with a deer and have no license you could be sited. there are also laws pertaining to the Liquor commission restricting the carry of all firearms.
http://www.michigan.gov/dnr/0,1607,7-153-10366_37141_37706-31578--,00.html
Last edited on Sat Nov 21st, 2009 01:23 pm by conservative85
|
Venator
Regular Member
| Joined: | Wed Jan 10th, 2007 |
| Location: | Michigan USA |
| Posts: | 4023 |
| Status: |
Offline
|
|
Posted: Sat Nov 21st, 2009 01:11 pm |
|
T Vance wrote: From what I recall reading, you can OC a rifle and/or shotgun around a city/town area as long as you have a hunting license for that time period. Correct?
Could a person OC a rifle and/or shotgun into a store/business as long as they don't sell alcohol? A friend of mine is out hunting this morning as was asking that question. I figured I'd pose it.
There is no law against it as far as I know. If a person has a CPL he can possess firearms in places listed in .234d, so if you have a CPL you could have a long gun in a bar or a place that sells alcohol.
|
Michigander
Regular Member
|
Posted: Sat Nov 21st, 2009 02:06 pm |
|
Pistol registered long guns carried in holsters are a great way to make sure you're legal if you'd be legal with a handgun, and protected against brandishing charges as well.
The only problem can be finding a "holster" that will fit a rifle or shotgun. But a scabbard or drop leg holster can be adapted with a little effort.
|
mikestilly
Regular Member
|
Posted: Sat Nov 21st, 2009 02:13 pm |
|
Michigander wrote:
Pistol registered long guns carried in holsters are a great way to make sure you're legal if you'd be legal with a handgun, and protected against brandishing charges as well.
The only problem can be finding a "holster" that will fit a rifle or shotgun. But a scabbard or drop leg holster can be adapted with a little effort.
That brings up an interesting question. So lets say I had an HK MP5 style rifle registered as a pistol. They have slings for them but I've never seen a holster per say. Does it need to be in a holster because it's registered as a pistol? I would assume that it would receive the same restrictions as a normal pistol would as to places off limits with a CPL or not.
Secondly, if you have a rifle registered as a rifle then pretty much a sling is all you really need to OC it legally? Are they any restrictions on OC'ing rifles besides just the DNR restrictions.Last edited on Sat Nov 21st, 2009 02:13 pm by mikestilly
|
conservative85
Regular Member
| Joined: | Sat Aug 16th, 2008 |
| Location: | |
| Posts: | 641 |
| Status: |
Offline
|
|
Posted: Sat Nov 21st, 2009 02:47 pm |
|
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.
Regardless of a holster as long as your not doing anything that ressembles the above definitions, you could be ok to sling a rifle, and rifles as far as I know need not be registered, just legally purchased.
|
Michigander
Regular Member
|
Posted: Sat Nov 21st, 2009 02:54 pm |
|
Some would call it paranoid, but I want the fullest legal protection I can have when I do something that gets me targeted by cops. That's why I suggest a holster of some sort for any open carrying in an urban part of Michigan. Less of a Chance of having to take it to court.
|
conservative85
Regular Member
| Joined: | Sat Aug 16th, 2008 |
| Location: | |
| Posts: | 641 |
| Status: |
Offline
|
|
Posted: Sat Nov 21st, 2009 03:01 pm |
|
I agree 100% that's why I wrote could, and okay...lol it's his hide not mine.
|
Current time is 02:41 am | |
|
