The Second Amendment of the Constitution secures a citizen’s right to keep and bear arms. There are many who take this protection very seriously. The Second Amendment has been interpreted by the Supreme Court many times and is the subject of many legislative acts. Be aware of Michigan open carry laws. The Michigan Constitution in its Declaration of Rights also states that:
“Every person has the right to keep and bear arms in defense of himself and the state.”
The State of Michigan forbids carrying a firearm that is concealed without a state authorized concealed pistol license (CPL). Conversely, the state does not prohibit a person from carrying a firearm in the open and not concealed, provided that the person obtained a license to purchase and possess the firearm.
This license is different than the permit required to possess a concealed pistol. Our state legislature has chosen to honor the Second Amendment with the open carry law. Therefore, if a person has obtained a firearm by receiving a permit to purchase a firearm or purchased a firearm from a federally licensed firearms dealer, that person can openly carry that firearm.
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Not everyone may receive a license to openly possess and carry a firearm. Licensees must:
- not be the subject of a Personal Protection Order,
- be 21 years of age or older, and
- must be a legal resident of this state.
Further, they must not be prohibited from possessing a firearm due to a prior specified felony conviction.
When a weapon is concealed, lawmakers say, the person carrying it is more dangerous and their right to carry must be pre-authorized. The person must not be a felon, drug addict or have a history of, or is likely to commit, unlawful violence.
Open or Concealed Carrying Exclusions
There are exceptions to the open carry law. Michigan law excludes persons from carrying an open or concealed weapon in the following places:
- an establishment that sells alcohol
- a financial institution or bank
- a church
- a theater
- a sports arena
- a hospital or day care center
An exception exists in the above establishments in the event that a person received the express permission from the owner, or owner’s agent (manager) of the establishment. That permission doesn’t necessarily have to be in writing.
Brandishing a Firearm
Openly carrying a firearm should be distinguished from brandishing a firearm, which is unlawful. Brandishing means to defiantly wave or flourish menacingly the firearm or to display ostentatiously, which is defined as a vulgar or pretentious display or designed to attract specific attention.
Further, if a person has a CPL, they still have the right to carry their weapon openly.
Facing a weapons charge? Unhappy with your current attorney? Request a free consultation now.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.