Illegal to OC, huh?? [Archive] - Glock Talk

PDA

View Full Version : Illegal to OC, huh??


Getwild2
04-27-2007, 21:02
Went to the Firing Line the other day and I was open carrying. I don't make a habit of this but I usually do to the range. It was semi-chilly outside and while I was buying some ammo the guy behind the counter said, "You do have a coat to cover that thing dont you? Being that it's illegal to carry like that". I respectfully said yes, in my truck.

My question is....WHAT THE HECK?? :shocked:

I mean, I know that some cities have different ordinances but I didnt think Westland was one of them?!

April
04-28-2007, 07:42
Westland Municipal Code (http://www.municode.com/resources/gateway.asp?pid=11702&sid=22)

Chapter 62, Article 6, Div 2 talks about weapons specifically. The code says no weapons, but it seems this would be preempted by a CPL. I'll leave it up to you to try to interpret.

I don't open carry just because it's usually easier to not deal with the idiots. But I can certainly understand the frustration when you decide to do so. You could prolly just mark up the guy's statement to a lack of or misinformation. It's rare to find someone standing behind the counter at a gun shop that actually knows what they're talkin' about, sadly.

PDogSniper
04-28-2007, 14:28
Originally posted by FF Wife
Westland Municipal Code (http://www.municode.com/resources/gateway.asp?pid=11702&sid=22)

Chapter 62, Article 6, Div 2 talks about weapons specifically. The code says no weapons, but it seems this would be preempted by a CPL. I'll leave it up to you to try to interpret.



Bottom line is that because there are no laws that specifically deal with open carry in MI any community can pre-empt the law, or lack of one in this case. If you're on private property, if you're on private property, you can do what ever the owner allows you do do...

PDogSniper
04-28-2007, 14:32
Originally posted by FF Wife
Westland Municipal Code (http://www.municode.com/resources/gateway.asp?pid=11702&sid=22)

Chapter 62, Article 6, Div 2 talks about weapons specifically. The code says no weapons, but it seems this would be preempted by a CPL. I'll leave it up to you to try to interpret.



Bottom line is that because there are no laws that specifically deal with open carry in MI any community can pre-empt the law, or lack of one in this case. If you're on private property, you can do what ever the owner allows you do do...

I'm trying to convince a person it's ok to carry concealed on ones own private property without a permit and am un-able to find the statute...

April
04-28-2007, 16:47
From the Michigan Penal Code.. http://legislature.mi.gov/doc.aspx?mcl-750-227



750.227 Concealed weapons; carrying; penalty.

Sec. 227.

(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.

(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.227 ;-- Am. 1973, Act 206, Eff. Mar. 29, 1974 ;-- Am. 1986, Act 8, Eff. July 1, 1986
Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix punishment. People v. Sturgis, 427 Mich. 392, 397 N.W.2d 783 (1986).

That should answer the question about carrying concealed on your own property..


edit to add link.

PDogSniper
04-28-2007, 18:05
Thanks FF. Refresh my memory. IIRC you moved from the South to near Owosso...? You've been doing your homework... How are you liking Michigan so far...?

April
04-28-2007, 19:15
Your memory's pretty good for an old man. ;)

So far it's not too bad. We're in the process of buyin' a house and a few acres and have another boy due around the beginning of August. Hubby has the chance at a couple different promotions here soon too. Things are lookin' up.

Now if only I could find the money to add to the never-quite-big-enough gun collection :supergrin:

PDogSniper
04-28-2007, 20:27
Originally posted by FF Wife
Your memory's pretty good for an old man. ;)

:supergrin:

Who you call'n a old man there you lil'whippersnapper...! I'll have you know I'm only on the middle of the Time Line (mine at least).

Lets see, your hubby is in Law Enforcement, I'm guessing because of your descreteness he's MSP or above, probably FBI. You're extemely pro gun and maybe might have been in law Enforcement before you started your family...

How's my profiling...?;)

Hauptmann6
04-28-2007, 22:56
Originally posted by PDogSniper
How's my profiling...?;)

Horrible.

April
04-29-2007, 19:26
Somewhere between okay and horrible.

My husband is a civilian firefighter with the Dept of the Army. So you're only half right. I was a private cop prior to getting married and starting the family. I'd like very much to get back into it once this one is born but would have to start all over. For some reason nobody else will except special commissions. ;)

I never finished my degree so I'm planning on doing the 2 yr LE thing including academy from LCC since it's the closest. Done a few things in my time and could prolly convince you I'm a firefighter too but LE is what always draws me back.