Author Topic: Questions about open carrying. Waiting on my CPL  (Read 27351 times)

0 Members and 1 Guest are viewing this topic.

Offline stuffdeer

  • Posts: 4
  • First Name (Displayed): Michael
Questions about open carrying. Waiting on my CPL
« on: April 28, 2015, 07:28:27 AM »
Hi all!

I am new here and looking for specifics. I own a landscaping company and recently received a contract that requires me to go to a not so nice part of Inkster two times, weekly. The main problem is the 50k in equipment that tags along with me.

I understand I cannot use the weapon to stop them from taking my equipment just like a CPL. However I am hoping to avoid confrontation by having my weapon on me and visible.

Are there any specific laws I need to follow other then unloading the weapon before I get back into the vehicle until I have my CPL license? These are both residential addresses who have not told me specifically to not carry on the property.

Thank you!!

Offline part deux

  • MOC Member
  • *
  • Posts: 683
Re: Questions about open carrying. Waiting on my CPL
« Reply #1 on: April 28, 2015, 07:57:50 AM »
read the FAQ.  Riding mower is going to be a no go without a CPL.

Offline stuffdeer

  • Posts: 4
  • First Name (Displayed): Michael
Re: Questions about open carrying. Waiting on my CPL
« Reply #2 on: April 28, 2015, 08:02:27 AM »
Wow seriously?

That is not good.

Offline gryphon

  • Administrator
  • *****
  • Posts: 4038
  • First Name (Displayed): Dan
Re: Questions about open carrying. Waiting on my CPL
« Reply #3 on: April 28, 2015, 08:15:17 AM »
There are arguably some grey areas (untested in court) to OC without a CPL, and you might have to defend yourself in court if arrested.  I think you understand that you will want to get your CPL as soon as possible.

Offline stuffdeer

  • Posts: 4
  • First Name (Displayed): Michael
Re: Questions about open carrying. Waiting on my CPL
« Reply #4 on: April 28, 2015, 08:57:31 AM »
I have already registered. Just waiting for it in the mail. I think this might be one of the times I chance it until then in fear of safety for my life

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Re: Questions about open carrying. Waiting on my CPL
« Reply #5 on: April 28, 2015, 10:04:39 AM »
As mentioned, check out http://miopencarry.org/faq

A lot of your questions may be covered there. If you have any that aren't there or are confused about the answer -- let us know.
I Am Not A Lawyer (nor a gunsmith).

Offline CV67PAT

  • MOC Charter Member
  • Posts: 2615
Re: Questions about open carrying. Waiting on my CPL
« Reply #6 on: April 28, 2015, 04:38:11 PM »
read the FAQ.  Riding mower is going to be a no go without a CPL.
Why?
Want to keep informed of events in your area? Go to http://www.miopencarry.org/update

Offline CitizensHaveRights

  • Posts: 1056
  • First Name (Displayed): Mitch
Re: Questions about open carrying. Waiting on my CPL
« Reply #7 on: April 28, 2015, 05:04:07 PM »
That wouldn't apply to a lawn mower ridden on private property, would it?
What if you were mowing on a private yard subject to public right of way, like most rural areas within 33' of the road center line?
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline stuffdeer

  • Posts: 4
  • First Name (Displayed): Michael
Re: Questions about open carrying. Waiting on my CPL
« Reply #8 on: April 28, 2015, 07:00:04 PM »
It sucks because it is not something I want to risk, especially with my permit in the mail.

If you hear of a white man shot and robbed at gun point in Inkster for lawn equipment....remember this thread!

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Re: Questions about open carrying. Waiting on my CPL
« Reply #9 on: April 28, 2015, 07:33:12 PM »

That wouldn't apply to a lawn mower ridden on private property, would it?
What if you were mowing on a private yard subject to public right of way, like most rural areas within 33' of the road center line?

MCL 750.227 doesn't apply to YOUR private property.
I Am Not A Lawyer (nor a gunsmith).

Offline Divegeek

  • MOC Member
  • *
  • Posts: 66
  • First Name (Displayed): Jason
Re: Questions about open carrying. Waiting on my CPL
« Reply #10 on: May 07, 2015, 09:59:26 AM »
Why?

Unless the lawn mower in question is horse drawn or pedal powered it is considered by the state to be a motor vehicle. Anyone operating it would be treated just the same as if they were driving a car. There have been cases where people were charged with DUI while driving a lawn mower for this very reason. So for the same reason it would be illegal to carry a pistol without a CPL.

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Re: Questions about open carrying. Waiting on my CPL
« Reply #11 on: May 07, 2015, 01:31:06 PM »

Unless the lawn mower in question is horse drawn or pedal powered it is considered by the state to be a motor vehicle. Anyone operating it would be treated just the same as if they were driving a car. There have been cases where people were charged with DUI while driving a lawn mower for this very reason. So for the same reason it would be illegal to carry a pistol without a CPL.

MCL 750.227 doesn't even specify "motor vehicle" only "vehicle" -- ex: bicycle.
I Am Not A Lawyer (nor a gunsmith).

Offline CV67PAT

  • MOC Charter Member
  • Posts: 2615
Re: Questions about open carrying. Waiting on my CPL
« Reply #12 on: May 08, 2015, 08:08:41 PM »
MCL 750.227 doesn't even specify "motor vehicle" only "vehicle" -- ex: bicycle.
Bicycle isn't a vehicle in the Michigan Vehicle Code. It's a bicycle.
Want to keep informed of events in your area? Go to http://www.miopencarry.org/update

Offline CitizensHaveRights

  • Posts: 1056
  • First Name (Displayed): Mitch
Re: Questions about open carrying. Waiting on my CPL
« Reply #13 on: May 08, 2015, 08:21:18 PM »
Thanks Pat, I had long believed that it was OK to OC on a bike but not on a boat, this thread had me doubting my beliefs. (not that it matters any more now that I have a CPL)

BTW, is there any legislative plan to get rid of the CPL and give us a real CWP?
I feel slighted because my CC permit only allows the carry of one type of arm instead of all arms covered under the 2A.
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline CV67PAT

  • MOC Charter Member
  • Posts: 2615
Re: Questions about open carrying. Waiting on my CPL
« Reply #14 on: May 08, 2015, 08:44:32 PM »
Unless the lawn mower in question is horse drawn or pedal powered it is considered by the state to be a motor vehicle.

MCL?


Anyone operating it would be treated just the same as if they were driving a car. There have been cases where people were charged with DUI while driving a lawn mower for this very reason.

I'm having a bit of difficulty locating any OWI-Lawn Mower statutes or cases in Michigan. Got a link that might help?

So for the same reason it would be illegal to carry a pistol without a CPL.

In the meantime, I'll keep looking through my copy of the Michigan Penal Code and Motor Vehicle Code looking for what you are talking about.
Want to keep informed of events in your area? Go to http://www.miopencarry.org/update

Offline part deux

  • MOC Member
  • *
  • Posts: 683
Re: Questions about open carrying. Waiting on my CPL
« Reply #15 on: May 08, 2015, 09:11:19 PM »
The deputies stopped the mower. The Lawton man was jailed for operating a vehicle while intoxicated by alcohol.

http://www.freep.com/story/news/local/michigan/2014/10/25/michigan-lawnmower-drunken-driver/17899125/

Offline CitizensHaveRights

  • Posts: 1056
  • First Name (Displayed): Mitch
Re: Questions about open carrying. Waiting on my CPL
« Reply #16 on: May 08, 2015, 09:16:52 PM »
I remember a case, not in Michigan, in which a cyclist was convicted of DUI. Since the mandatory sentence included a driving license suspension, the judge ordered him to obtain a license so it could be suspended.
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline gryphon

  • Administrator
  • *****
  • Posts: 4038
  • First Name (Displayed): Dan
Re: Questions about open carrying. Waiting on my CPL
« Reply #17 on: May 08, 2015, 09:33:06 PM »
the judge ordered him to obtain a license so it could be suspended.

You can't be serious.   :rotfl:

Offline CitizensHaveRights

  • Posts: 1056
  • First Name (Displayed): Mitch
Re: Questions about open carrying. Waiting on my CPL
« Reply #18 on: May 08, 2015, 11:12:20 PM »
You can't be serious.   :rotfl:

I can't find a web reference, it was decades ago, but yes, I'm quite sure it happened, I think in NYC where a guy can be 30 years old and never have had a license to drive.
"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline buck2552jr

  • Posts: 3
Re: Questions about open carrying. Waiting on my CPL
« Reply #19 on: June 06, 2015, 05:25:36 PM »
Having a CPL makes it a lot easier to deal with these types of situations. Your beat bet is just to wait for the CPL. Not worth risking loosing your license all together because of gray areas.