Open carry?

Discussion in 'The Constitutional & RKBA Forum' started by joseph25, Aug 31, 2009.

  1. joseph25

    joseph25 New Member

    Aug 29, 2009
    I was discussing CPL's with my older brother and he said that you are legally allowed to carry openly without a CPL in the state of Michigan. I tried to look it up myself just to verify, but couldn't find anything. I was wondering if anyone else had heard this or knew where I could find laws about this.
  2. armedandsafe

    armedandsafe Guest

  3. joseph25

    joseph25 New Member

    Aug 29, 2009
    Yeah, good point, lol. Thank you for the links, very helpful!
  4. OBrien

    OBrien New Member

    May 6, 2009
    Bangor Maine
    Yet being the key word. When they figure out a way to tax it I'm sure they will at least try.
  5. MI may be like NC. NC is considered to be an open carry state because, while there is no law that SPECIFICALLY ALLOWS open carry, there is also no law that PROHIBITS open carry. The AG and courts have ruled in the past that, therefore, NC residents are allowed to openly carry firearms without a permit. Concealed carry requires a permit.

    There is one hitch to open carry in NC, however. While we are allowed to carry openly, there is a chance that while doing so you can be charged with "going armed in terror of the public." That law makes it illegal to carry weapons for the express purpose of terrorizing or intimidating others. If I'm carrying my pistol on my hip, which I am legally allowed to do, and some anti-gun liberal sees it, calls the cops, and starts spouting about how they are in fear of bodily harm, death, maiming, dismemberment, national collapse, and the sun going nova from seeing my pistol, there is a chance I could be arrested. But then, it's up to the DA to PROVE that I was carrying a weapon for the express purpose of striking fear into others. It's much eaiser to just carry concealed, at least here, because the concealed carry laws are not ambiguous like open carry.
  6. joseph25

    joseph25 New Member

    Aug 29, 2009
    That is a good point also, I can definitely see how that could get me into a bit of trouble, but in the end I highly doubt that there's any way I could be found guilty of trying to strike fear into people. In the end I would like to exercise the right even if only because it is more difficult to take a right away from someone if they don't use it.
  7. acritical

    acritical New Member

    Sep 3, 2009
    Actually, where it is a valid concern, it is not a good point. There is more to going armed to the terror of the public than some person being scared witless by the sight of a firearm. Four distinct conditions MUST be met.

    1) arming one's self with an unusual and dangerous weapon

    2) For the purpose of terrifying others

    3) goes about on public highways

    4) in a manner to cause terror to others.

    Open carrying a firearm, holstered, meets requirement 1 and possibly 3. However, if you are going about your business as usual, unless your usual business is harrassing and threatening people, it in no way meets requirements 2 and 4. Any magistrate will immediately throw this out in fear of a lawsuit against the department.

    I say it is a valid concern, for we have all heard of cops and departments that do not believe citizens should have the right to open carry and will use this ordinance against you wrongly. However, it is not a matter of "He is carrying a firearm, minding his business, but since I have an irrational fear of guns, and I saw a movie where someone was killed by one, I am in fear for my life that if I keep looking at it, it is going to cause me to lose my life.", being enough to justify the mention of Going Armed to the Terror of the Public.
    Last edited: Sep 22, 2009
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