Open Carry Specific > OC Experiences

Open Carry on a Moped

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#1Gunner:

--- Quote from: gryphon on July 27, 2015, 03:09:37 PM ---You only have to notify that you have a pistol.  You do not have to say you have a CPL, but you are required to carry it and provide it if asked for it.  So easy a caveman could do it.



--- End quote ---
Haha sure do miss those commercials

CitizensHaveRights:

--- Quote from: #1Gunner on July 27, 2015, 03:23:26 PM ---Wow, thanks for the reply. Its a shame because all I was guilty of is carrying a gun. That's it I wasn't rude at all period.

--- End quote ---

Did you dispute his interpretation of the law, or did he do it simply because he wasted an hour of his time on you and didn't want to come up empty handed? (I guess there's a third possible explanation, that he really really hates OC)

#1Gunner:
Yes it went like this... Cop: What does the law say about disclosing when you have a CPL? Me: That I have to disclose if I'm carrying a firearm which you plainly saw prior to pulling me over. Cop: what does it say when you have a CPL and are carrying concealed? Me: that I have a gun on me and I am carrying. Why don't you tell me what it says then officer? Please know that I am not trying to be rude but please tell me what your interpretation is? Cop: you should know, you know a lot of laws. I am a cop I wouldn't know the laws or anything. Me: I have a CPL, would you like to see it? Cop: Now steaming "what does the law say about not disclosing to an officer while carrying a CPL"? Me: If you are insinuating that I had to disclose I had a CPL you are incorrect. Your partner asked me immediately if I had a license (CPL) and I said yes. I did nothing unlawful. Cop: <after almost 40 mins of whispering with his partner back and forth and threatening to confiscate> I am issuing you a citation for not signaling lane change. Have a better day sir... Me: hopefully you will have a better day sir... Thank you.

#1Gunner:

--- Quote from: CitizensHaveRights on July 27, 2015, 03:26:46 PM ---Did you dispute his interpretation of the law, or did he do it simply because he wasted an hour of his time on you and didn't want to come up empty handed? (I guess there's a third possible explanation, that he really really hates OC)

--- End quote ---
He said he pulled me over from the start because of failure to signal. NOT TRUE, he saw my gun PERIOD and this is why he pulled me over.

CitizensHaveRights:
Unless I'm seriously mistaken, failure to signal a lane change is not a traffic offense in Michigan.
Oops, my bad. It wasn't considered an offense by my teacher (or, IIRC, the pamphlet "What Every Driver Must Know") when I took driver's ed, but interpretations can change over time, and MSP says it's an offense now, and references a 2007 court decision (30 years after I was taught that signaling lane changes was optional)
I think the law is poorly worded and we all got screwed because the Court of Appeals didn't want a drunk driver to get off on a technicality.
https://cases.justia.com/michigan/court-of-appeals-published/20071129_C278053_40_187O.278053.OPN.COA.PDF?ts=1323898271


http://www.michigan.gov/msp/0,4643,7-123-1586_27094-73839--,00.html

Question:  When are turn signals required to be used and does this include changing lanes?

Answer:  MCL 257.648states in part. "The driver...before stopping or turning from a direct line, shall first see that the stopping or turning can be made in safety and shall give a signal as required...".  Common sense and state law agree that whenever you are turning, a signal is required, however, much debate has occurred over whether that language required the use of turn signals when simply changing lanes.

The Michigan Court of Appeals has finally clarified the language in MCL 257.648 requiring the use of a signal when changing lanes, or "turning from a direct line."  Their decision--published, and therefore binding on lower courts--states in summary "...a reasonable person of ordinary intelligence is not required to speculate about the phrase's meaning, and MCL 257.648 provides fair notice of what conduct is proscribed. We hold that MCL 257.648 requires drivers to use a turn signal when changing lanes on a highway and is not unconstitutionally vague."

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