requirement to identify when open carrying

[birddseedd]

When I first got my permit in divulged into the compiled laws, while i didnt finish it, i swear I read a law that stated an officer can not require your identification if the stop was because he saw you armed.

this ring a bell?

[Hammurabi]

When I first got my permit in divulged into the compiled laws, while i didnt finish it, i swear I read a law that stated an officer can not require your identification if the stop was because he saw you armed.

this ring a bell?

As openly carrying a pistol is generally legal, openly carrying a pistol is not reasonable, articulable suspicion of a crime. No RAS, no stop; any application of force on their part to affect detention is unlawful and should be dealt with appropriately.

[part deux]

You are in fact correct... however, tazers, firearms, handcuffs, and detention trump while on the street.  Some LEO believe any order they give you is a lawful order.

[gryphon]

In Michigan you are only required to ID if you are driving a car, or if you are CCing anywhere and detained by a cop, you are required to ID and tell him you are carrying/have a CPL.  You are not required to ID on the street, even if OCing.

[CitizensHaveRights]

What about being asked for ID and/or CPL while OC in a grocery store that sells liquor?

[fozzy71]

What about being asked for ID and/or CPL while OC in a grocery store that sells liquor?

Many lawyers feel you would be obligated to disclose/ID when OCing somewhere that you need the CPL excemption.  I have always disclosed and offered my CPL when stopped while OCing on my bicycle as I do not want to be a test case.  I would certainly disclose in the situation you mention but then I also CC 2 BUGs everywhere I go except on my bicycle.

[gryphon]

Many lawyers feel you would be obligated to disclose/ID when OCing somewhere that you need the CPL excemption.

I would ID if requested in a CPL-required area such as a place with a liquor license.  I know LEOs typically ID at schools, so unless you want to fight it and be a test case like Fozzy says...

[fozzy71]

lol didn't notice my typo til I saw it quoted...   

[linux203]

You are probably thinking of MCL 28.425f.  http://legislature.mi.gov/doc.aspx?mcl-28-425f

An officer cannot charge you with a violation of MCL 28.425f when you don't have a concealed pistol.  (i.e. only Open Carry)

An officer can charge you under MCL 750.234d if you do not present a CPL (other other exemption) and are open carrying in one of the listed zones.  You can present the CPL to the prosecuting attorney to try to get the charge dropped.

An officer cannot charge you under MCL 28.425o if you do not have a concealed pistol.

There are some overlap between the zones.

[jgillmanjr]

An officer can charge you under MCL 750.234d if you do not present a CPL (other other exemption) and are open carrying in one of the listed zones.  You can present the CPL to the prosecuting attorney to try to get the charge dropped.

Well, maybe, maybe not.

After all, having permission is one of the exemptions...

[part deux]

You are probably thinking of MCL 28.425f.  http://legislature.mi.gov/doc.aspx?mcl-28-425f

An officer cannot charge you with a violation of MCL 28.425f when you don't have a concealed pistol.  (i.e. only Open Carry)

An officer can charge you under MCL 750.234d if you do not present a CPL (other other exemption) and are open carrying in one of the listed zones.  You can present the CPL to the prosecuting attorney to try to get the charge dropped.

An officer cannot charge you under MCL 28.425o if you do not have a concealed pistol.

There are some overlap between the zones.

You can be charged with any of the above.  Hell, you could be charged for having a booger hanging out of your nose.

[Langenc]

You can be charged with any of the above.  Hell, you could be charged for having a booger hanging out of your nose.

What would that charge be?? Disturbing the piece or impeading seem to be popular..

[thamm]

What would that charge be?? Disturbing the piece or impeading seem to be popular..

Disorderly conduct...

[CitizensHaveRights]

Disorderly is one of the favorites for 'contempt of cop' arrests (when they don't want to go whole hog and charge you with felony assault of an officer for attacking their batons with the back of your head).

One time I got a collect call from a jail in a nearby city, a certain relative, sounding drunk, wanted me to bail him out.
Being a cheap SOB, I hung up the phone and called the jail. I learned that the bail was xxx, they couldn't discuss the charges with me until he was arraigned, I couldn't have him for ten hours because they were required to dry him out first, and he'd be arraigned by video in about 10-12 hours, so I might as well wait until after arraignment when the bail would likely go down.

The next morning I phoned in again, was told that the charges were Disorderly Conduct (maybe Contempt of Cop but in his case it might have been an honest charge) and Failure to Appear the first time around on the DC charge. And, because the judge was not amused, the bail went up from the night before.

So, you Failed To Appear and you want ME to post your bail so I can lose it when you FTA again?
I'll call your boss and tell him where to find you, if he really needs you at work he can bail you out. (the guy's boss picked him up by noon, at least he had a way to get the bail money back by withholding from his paychecks)