Open Carry Specific > OC Questions
Question about LEO packet
TheQ:
All,
I am new to owning a handgun. I just picked up my first, a Springfield XDm 9mm on July 1, 2010.
I was reading your LEO packet. It says:
Brandishing and disturbing the peace are not an offense while lawfully openly carrying a firearm (3). Attorney General Opinion 7101, 2/02 states “…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.” In regards to disorderly conduct, due to the nature of this code, officers have cited this law in order to suppress or discourage lawful open carry. Since a person who is not licensed to carry concealed MUST open carry their firearms on foot in order to avoid criminal charge, (nor is there any duty for anyone licensed to conceal their handgun), open carry is not disorderly conduct. The open carrying of a firearm is not by itself threatening, nor does it cause a hazardous or physically offensive condition.
I'm sure anyone who has read AG Opinion 7101 knows the Opinion was based on a question about "Reserve Officers" carrying a firearm in a holster. I don't know about you, but I am not a reserve officer. How has the wording "Reserve Officer" been construed to mean "any Michigan resident who legally owns their handgun"?
Can anyone provide any references to legal cases where this interpretation of AG Opinion 7101 has been tested?
Thank you for helping me understand better.
"Q"
Master Control:
--- Quote from: TheQ on July 02, 2010, 01:42:03 AM ---All,
I am new to owning a handgun. I just picked up my first, a Springfield XDm 9mm on July 1, 2010.
I was reading your LEO packet. It says:
Brandishing and disturbing the peace are not an offense while lawfully openly carrying a firearm (3). Attorney General Opinion 7101, 2/02 states “…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.” In regards to disorderly conduct, due to the nature of this code, officers have cited this law in order to suppress or discourage lawful open carry. Since a person who is not licensed to carry concealed MUST open carry their firearms on foot in order to avoid criminal charge, (nor is there any duty for anyone licensed to conceal their handgun), open carry is not disorderly conduct. The open carrying of a firearm is not by itself threatening, nor does it cause a hazardous or physically offensive condition.
I'm sure anyone who has read AG Opinion 7101 knows the Opinion was based on a question about "Reserve Officers" carrying a firearm in a holster. I don't know about you, but I am not a reserve officer. How has the wording "Reserve Officer" been construed to mean "any Michigan resident who legally owns their handgun"?
Can anyone provide any references to legal cases where this interpretation of AG Opinion 7101 has been tested?
Thank you for helping me understand better.
"Q"
--- End quote ---
Greetings:
May i ask where are you reading that?:
"I was reading your LEO packet. It says:
Brandishing and disturbing the peace are not an offense while lawfully openly carrying a firearm " ???
I havnt noticed that in the LEO information that I have, can you refer me?
FatboyCykes:
8)
http://forum.opencarry.org/forums/showthread.php?61717-Question-re-Brandishing..
TheQ:
--- Quote from: Master Control on July 02, 2010, 03:24:05 AM ---Greetings:
May i ask where are you reading that?:
"I was reading your LEO packet. It says:
Brandishing and disturbing the peace are not an offense while lawfully openly carrying a firearm " ???
I havnt noticed that in the LEO information that I have, can you refer me?
--- End quote ---
http://www.michiganopencarry.org/node/4
TheQ:
--- Quote from: Master Control on July 02, 2010, 03:24:05 AM ---http://www.michiganopencarry.org/node/4
--- End quote ---
Thank you, I'll study the thread more carefully later today.
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