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Lapeer County is decidedly ANTI-GUN...
In Response to Michigan State Police Legal Update 66 of June 18, 2008, which says in part “it is legal to carry a visible pistol in public, the asst Prosecutor for Lapeer County (acting chairman of gun board) allegedly sent the following letter to the MSP:
Lt. Greg Zarotney
Michigan State Police
Legal Resources Unit
714 S. Harrison Rd.
East Lansing, Michigan 48823
(517) 336-6326
Dear Lt. Zarotney,
I am writing regarding a recent statement in a newsletter called the "Legal Update" that is published by the Legal Resources Unit of the Michigan State Police (MAP). The Legal Update is available to the general public on the MSP website at http://www.michigan/gov/msp-legal. In the June edition of the Legal Update (copy attached) the following statement was printed: "Subject to MCL 750.234d, it is legal to carry a visible pistol in public." (Emphasis in original.)
I do not read this as an accurate statement of the law. Under MCL 750.234e it is illegal to brandish a firearm in public. Under MCL 750.170 is it is illegal to create a disturbance in a public street, place or building. Under MCL 750.226 it is illegal to carry a firearm with unlawful intent. Under MCL 750.863a it is illegal to carry a firearm without due caution and circumspection for the rights, safety, and property of others.
The statement published in the Legal Update could be misleading to some. At best, it is not illegal in Michigan to carry a visible, holstered pistol, in certain public areas. At worst, carrying a visible pistol in Michigan will generate numerous law enforcement problems, create grave public concern and violate numerous provisions of law. Yet the statement in the Legal Update appears to advocate the open carry of firearms.
I believe the statement in the Legal Update should be retracted and a clarification published. Please do no hesitate to contact me immediately should you wish to discuss this very important issue in more detail.
Thank you for your attention,
Tom Sparrow
Assistant Prosecuting Attorney
Lapeer County Prosecutors Office
255 Clay Street
Lapeer, Michigan 48446
(810) 667-0326
In Response:
[size=Mr. Sparrow,]
[size=]
[size=F/Lt. Zarotney has asked that I contact you regarding your concerns about our recent Legal Update note on openly carrying pistols.]
[size=]
[size=We included the note because questions concerning the legality of so-called "open carry" are some of the most frequent we receive from police officers and the public. Further, there is a small group of open carry advocates thatgather in local parks in various][size=Michigan][size= cities wearing visible, holstered pistols. The most recent gathering was this past weekend in][size=Burton][size=. The following link willtake you toa Flint Journal article about the][size=Burton][size= gathering: [url=http://www.mlive.com/flintjournal/index.ssf/2008/06/openly_carrying_their_guns_gro.html]http://www.mlive.com/flintjournal/index.ssf/2008/06/openly_carrying_their_guns_gro.html[/url]]
[size=]
[size=As you noted, open carry can create concern among members of the public and it can certianly be problematic for law enforcement officers. When people see someone walking around with a holstered pistol, calls to the police will most certainly follow. However, the mere act of openly carrying a pistol is legal in][size=Michigan][size=, and we want officers to know that so they won't unlawfully detain or arrest a citizen for doing so.]
[size=]
[size=Of course,a person openly carrying a pistol might do things that make his or her actions unlawful (e.g., unholsteringthe pistol and brandishing it). But we chose not to list the litany of potential violations because it has been our experience that once police officers realize that open carry is legal, they know to look beyond theholstered pistol to determine whether another statute has been violated.]
[size=]
[size=As it stands today, we will not retract our statement in the Legal Update because it accurately states the law concerning a topic often confused by police officers. In the coming days our staff will discuss the need to provide more information as we did in April and May of 2007 (the last time we discussed this topic in the Update).]
[size=]
[size=Feel free to contact usshould you need more information.]
[size=]
[size=Sincerely,]
[size=]
[size=Sgt. Thomas Deasy
][size=Michigan][size=[font="Times New Roman"] State Police
Executive Resource Section
[/font]][size=[font="Times New Roman"]714 S. Harrison Rd.[/font]][size=
][size=East Lansing][size=,][size=MI][size=][size=
[font="Times New Roman"](517) 336-6441[/font]]
Lapeer County is decidedly ANTI-GUN...
In Response to Michigan State Police Legal Update 66 of June 18, 2008, which says in part “it is legal to carry a visible pistol in public, the asst Prosecutor for Lapeer County (acting chairman of gun board) allegedly sent the following letter to the MSP:
Lt. Greg Zarotney
Michigan State Police
Legal Resources Unit
714 S. Harrison Rd.
East Lansing, Michigan 48823
(517) 336-6326
Dear Lt. Zarotney,
I am writing regarding a recent statement in a newsletter called the "Legal Update" that is published by the Legal Resources Unit of the Michigan State Police (MAP). The Legal Update is available to the general public on the MSP website at http://www.michigan/gov/msp-legal. In the June edition of the Legal Update (copy attached) the following statement was printed: "Subject to MCL 750.234d, it is legal to carry a visible pistol in public." (Emphasis in original.)
I do not read this as an accurate statement of the law. Under MCL 750.234e it is illegal to brandish a firearm in public. Under MCL 750.170 is it is illegal to create a disturbance in a public street, place or building. Under MCL 750.226 it is illegal to carry a firearm with unlawful intent. Under MCL 750.863a it is illegal to carry a firearm without due caution and circumspection for the rights, safety, and property of others.
The statement published in the Legal Update could be misleading to some. At best, it is not illegal in Michigan to carry a visible, holstered pistol, in certain public areas. At worst, carrying a visible pistol in Michigan will generate numerous law enforcement problems, create grave public concern and violate numerous provisions of law. Yet the statement in the Legal Update appears to advocate the open carry of firearms.
I believe the statement in the Legal Update should be retracted and a clarification published. Please do no hesitate to contact me immediately should you wish to discuss this very important issue in more detail.
Thank you for your attention,
Tom Sparrow
Assistant Prosecuting Attorney
Lapeer County Prosecutors Office
255 Clay Street
Lapeer, Michigan 48446
(810) 667-0326
In Response:
[size=Mr. Sparrow,]
[size=]
[size=F/Lt. Zarotney has asked that I contact you regarding your concerns about our recent Legal Update note on openly carrying pistols.]
[size=]
[size=We included the note because questions concerning the legality of so-called "open carry" are some of the most frequent we receive from police officers and the public. Further, there is a small group of open carry advocates thatgather in local parks in various][size=Michigan][size= cities wearing visible, holstered pistols. The most recent gathering was this past weekend in][size=Burton][size=. The following link willtake you toa Flint Journal article about the][size=Burton][size= gathering: [url=http://www.mlive.com/flintjournal/index.ssf/2008/06/openly_carrying_their_guns_gro.html]http://www.mlive.com/flintjournal/index.ssf/2008/06/openly_carrying_their_guns_gro.html[/url]]
[size=]
[size=As you noted, open carry can create concern among members of the public and it can certianly be problematic for law enforcement officers. When people see someone walking around with a holstered pistol, calls to the police will most certainly follow. However, the mere act of openly carrying a pistol is legal in][size=Michigan][size=, and we want officers to know that so they won't unlawfully detain or arrest a citizen for doing so.]
[size=]
[size=Of course,a person openly carrying a pistol might do things that make his or her actions unlawful (e.g., unholsteringthe pistol and brandishing it). But we chose not to list the litany of potential violations because it has been our experience that once police officers realize that open carry is legal, they know to look beyond theholstered pistol to determine whether another statute has been violated.]
[size=]
[size=As it stands today, we will not retract our statement in the Legal Update because it accurately states the law concerning a topic often confused by police officers. In the coming days our staff will discuss the need to provide more information as we did in April and May of 2007 (the last time we discussed this topic in the Update).]
[size=]
[size=Feel free to contact usshould you need more information.]
[size=]
[size=Sincerely,]
[size=]
[size=Sgt. Thomas Deasy
][size=Michigan][size=[font="Times New Roman"] State Police
Executive Resource Section
[/font]][size=[font="Times New Roman"]714 S. Harrison Rd.[/font]][size=
][size=East Lansing][size=,][size=MI][size=][size=
[font="Times New Roman"](517) 336-6441[/font]]