Michigan Open Carry, Inc.

Open Carry Specific => OC Questions => Topic started by: BDO on July 24, 2010, 03:48:27 PM

Title: questions from a newer Open carry dude part 1
Post by: BDO on July 24, 2010, 03:48:27 PM
i have opened carried while walking the dog in my neighborhood that is about it.  I want to start carrying more, but have some questions.  Some of this stuff may be common knowledge to the community on this forum, but hopefully somebody has the patience and knowledge to answer my questions.  I thank you in advance!

1.  If I transport my pistol, unloaded and cased in my trunk, is it OK to have loaded magazines in the same case so long as they are not inserted in the pistol, or do they need to be removed from the case alltogether?

2.  Is dropping my son off at school with the pistol cased in the trunk a violation?

3.  Does 100% of my holster have to be in plain view?   In other words, if my shirt partially covers the holster and pistol am I in danger of a violation?   Along the same lines, does part of the pistol have to visible? as some holster models have flaps that can completely conceal the pistol from view
Title: questions from a newer open carry dude part 2
Post by: BDO on July 24, 2010, 03:52:01 PM
4.  If I had a pistol unloaded in a case in my backpack while walking would that constitue conceal carry or would I be OK without a CC permit.

5.  If I am walking my dog and my route takes me inside of 1,000 ft from a school parking lot am I in violation?

6.  can I carry concealed without a concealed permit in my own house and in my own yard?


thanks to any and all who help with my questions!!!!
Title: Re: questions from a newer Open carry dude part 1
Post by: FatboyCykes on July 24, 2010, 04:50:16 PM
1.  Yes you can put a loaded magazine in the same case as the pistol.

2.  Without a CPL, I wouldn't risk it.

3.  All signs point to yes.  Without a CPL, you should do everything possible to make sure that neither gun nor your holster becomes "concealed" at any point in time.
Title: Re: questions from a newer open carry dude part 2
Post by: FatboyCykes on July 24, 2010, 04:52:17 PM
4.  That would be considered concealed in MI, a 5 year felony.

5.  Again, w/o a CPL you should be fine as long as you don't step a foot on school property.

6.  Yes and yes, your private property does not require a permit.
Title: Re: questions from a newer Open carry dude part 1
Post by: autosurgeon on July 24, 2010, 11:59:08 PM
I merged your questions and answers.
Title: Re: questions from a newer Open carry dude part 1
Post by: BDO on August 18, 2010, 01:11:29 AM
Please be patient with me as I have a few more questions;

-with open carry, not having a Conceal Carry Permit can I
1. park at a bar as long as the pistol remains cased in the trunk of my vehicle
2. consume alcohol as long as I am not carrying the pistol and it remains cased in the trunk of my vehicle
3. park at a chuch parking lot as long as the pistol remains cased in the trunk ofmy vehicle(with or without consent from a church official)
4. how long can I carry my pistol cased from my trunk to a destination?  for example, my brother knows of a gun range on state land, if we parked and I carried the gun in the case for 1/2 a mile to the range would I be concealing it? - in which case It would seem that I dould carry it during the walk if holstered
5. have the pistol cased and have the case inside a bigger suitcase when I travel in Michigan(suitcase stays in the trunk)
6. Do I have to disclose to a LEO that I have the pistol in the trunk if I am pulled over for any reason.
Title: Re: questions from a newer Open carry dude part 1
Post by: FatboyCykes on August 18, 2010, 06:00:00 AM
Please be patient with me as I have a few more questions;

-with open carry, not having a Conceal Carry Permit can I
1. park at a bar as long as the pistol remains cased in the trunk of my vehicle
2. consume alcohol as long as I am not carrying the pistol and it remains cased in the trunk of my vehicle
3. park at a chuch parking lot as long as the pistol remains cased in the trunk ofmy vehicle(with or without consent from a church official)
4. how long can I carry my pistol cased from my trunk to a destination?  for example, my brother knows of a gun range on state land, if we parked and I carried the gun in the case for 1/2 a mile to the range would I be concealing it? - in which case It would seem that I dould carry it during the walk if holstered
5. have the pistol cased and have the case inside a bigger suitcase when I travel in Michigan(suitcase stays in the trunk)
6. Do I have to disclose to a LEO that I have the pistol in the trunk if I am pulled over for any reason.

1. No, w/o CPL, you are not allowed on the premisis of any place licensed by the by state of MI to sell alcohol.
2. Yes, as long as you heed #1.
3. Yes.
4. Not sure.
5. Sure.
6. No, as you would not be carrying under CPL authority, where the requirement to disclose is found.  You have no legal duty to disclose.  I wouldn't and I would not allow any search of the vehicle either.
Title: Re: questions from a newer Open carry dude part 1
Post by: autosurgeon on August 18, 2010, 08:35:23 AM
IMOP and I am not a Lawyer.

If you have the gun in transport mode and unloaded you can carry it as far as you want to in a case.

Putting said case in another case  ???

Title: Re: questions from a newer Open carry dude part 1
Post by: Kalvin6996 on November 23, 2010, 12:18:41 PM
I also have a question, now since i do not have a CPL i would not be aloud to go shopping at say meijer, walmart or places like that. That sell liquor right?

Also for OC without CPL would i be allowed to OC into a Coney Island/Diners or Restaurants that do not sell Liquor?
Title: Re: questions from a newer Open carry dude part 1
Post by: Bronson on November 23, 2010, 12:34:39 PM
I also have a question, now since i do not have a CPL i would not be aloud to go shopping at say meijer, walmart or places like that. That sell liquor right?

Correct.  Without a CPL there is NO firearms possession anywhere on the property of an establishment licensed to sell alcohol in any capacity.

Also for OC without CPL would i be allowed to OC into a Coney Island/Diners or Restaurants that do not sell Liquor? 

Yes.  Bear in mind that the owner or agent of the owner can ask you to leave or to remove the gun.  If you do not comply you may be arrested for trespassing.  Also note that a private property owner can NOT extend their right to concealed carry on their own property to others.  A private property owner cannot tell somebody without a CPL that it's "ok to cover it" because they (the owner) gives their permission.  In order to conceal carry you must have a CPL or be on property that you own/lease.

Bronson

Title: Re: questions from a newer Open carry dude part 1
Post by: Kalvin6996 on November 23, 2010, 12:53:00 PM
Thanks I'm practicing around on my property OCing untill i get comfortable and memorize all the Laws i need too, i took my CPL/Home defense already. I just got denied because of a suspended license 6 years ago so I'm a little bummed on that was looking forward to carrying on my motorcycle. But I've been doing a lot of research and found you guys to be the most helpful, i have already purchased a audio recorder in case it be needed. I look forward to that Seminar at Gander Mountain so i can learn even more, and look forward to some other events probably more of a summer thing  :) Any other tips or hints that would not be listed for OC without a CPL that wouldn't be listed throughout the site i have pretty much been studying all of it for the most part.
Title: Re: questions from a newer Open carry dude part 1
Post by: NHCGRPR45 on November 23, 2010, 06:19:17 PM
welcome and carry on!
Title: Re: questions from a newer Open carry dude part 1
Post by: hamaneggs on November 25, 2010, 12:50:26 AM
Thanks I'm practicing around on my property OCing untill i get comfortable and memorize all the Laws i need too, i took my CPL/Home defense already. I just got denied because of a suspended license 6 years ago so I'm a little bummed on that was looking forward to carrying on my motorcycle. But I've been doing a lot of research and found you guys to be the most helpful, i have already purchased a audio recorder in case it be needed. I look forward to that Seminar at Gander Mountain so i can learn even more, and look forward to some other events probably more of a summer thing  :) Any other tips or hints that would not be listed for OC without a CPL that wouldn't be listed throughout the site i have pretty much been studying all of it for the most part.
Call Attorney Dean Greenblatt at 248-336-9675 about your denial,it may have been done illegaly!