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FIREARMS LAWS OF MICHIGAN

OPINIONS OF THE ATTORNEY GENERAL

Opinion No. 3158 February, 1945 CONCEALED WEAPONS: General discussion relative to concealed weapons. M R . C LYDE H. E DGAR , Sheriff, Jackson County, Jackson, Michigan.

D EAR S IR : Your letter addressed to the Michigan State Police and dated January 31, 1945 has been referred to me for reply. In your letter \RX DVN VXEVWDQWLDOO\ WKH IROORZLQJ TXHVWLRQV RQ ZHDSRQV RU ¿UHDUPV 1. Is a weapon considered concealed when carried in a holster outside of all the clothing of a person? 2. Is it necessary to have a license to carry a concealed pistol when such pistol is being transported from a city home to a place in the country, each of which places is owned by the party transporting the pistol, when the purpose of such transportation is target practice? Would the answer be the same if the place to which the pistol was being transported was owned by a near relative? 3. If a pistol is carried concealed or openly, with clip or cylinder removed, must a license be obtained? 4. A number of our local factories hire men for guard work only and furnish them with guns while on duty only. Is it necessary for them to have licenses to carry such guns? 7KH ODWH :P : 3RWWHU UHQGHUHG DQ RSLQLRQ LQ $SULO RI RQ WKH VXEMHFW RI \RXU ¿UVW TXHVWLRQ DQG , TXRWH WKH IROORZLQJ IURP WKDW RSLQLRQ “The statute does not mean or import that no part of the weapons should be concealed, but the offense is only committed when the weapon is so concealed that it is impossible for one approaching in view of the person carry ing the weapon to see any part of it. All that the Legislature meant when it prohibited the carrying of concealed weapons was to compel persons to so wear them that others who might come in contact with them might see that they were armed and dangerous persons, who were to be avoided in consequence, for, if it should be required that no part of the weapon should be concealed, the statute would amount to an infringement of the constitutional right of citizens to have and bear arms, since it would be impossible for one to have and bear about his person a pistol or weapon of any kind without having some part of it concealed. “ Stockdale v. State , 32 Ga. 225, 227. “I am, therefore, of the opinion that if a pistol is carried in a holster or belt, on the outside of the clothing so as to be in plain view, it does not constitute carrying a concealed weapon. If it is worn under a coat, it would be, in my judgment, a violation of the statute, as the same would then not be in plain view.” I agree with the conclusions reached in that opinion. Relative to your second question, it is my opinion that Section 231 of Chapter 27 of the Penal Code of the State of Michigan 6HF 0LFK 6WDW $QQ IDLUO\ GH¿QHV WKH H[FHSWLRQV WR WKH OLFHQVLQJ DFW DQG WKHUHIRUH LW LV TXRWHG ³7KH SURYLVLRQV RI WKH VHFRQG QG WKLUG UG VL[WK WK DQG VHYHQWK WK VHFWLRQV RI WKLV FKDSWHU VKDOO QRW DSSO\ WR DQ\ SHDFH RI¿FHU RI WKH VWDWH RU DQ\ VXEGLYLVLRQ WKHUHRI ZKR LV UHJXODUO\ HPSOR\HG DQG SDLG E\ WKH VWDWH or such subdivision, or to any member of the army, navy or marine corps of the United States or of organizations authorized by law to purchase or receive weapons from the United States or from this state, nor to the national guard or other duly authorized military organizations when on duty or drill, nor to the members thereof in going to or returning from their customary places of assembly or practice, nor to a person licensed to carry a pistol concealed upon his person issued by another state, nor to the regular and ordinary transportation of pistols as merchandise, or to any person while carrying a pistol unloaded in a wrapper from the place of purchase to his home or place of business or to a place of repair or back to his home or place of business, or in moving goods from one place of abode or business to another.” 7KLV VHFWLRQ GRHV QRW H[FHSW WKH FDVH RI D SHUVRQ WUDQVSRUWLQJ D SLVWRO IURP KLV FLW\ WR KLV FRXQWU\ KRPH IRU WDUJHW SUDFWLFH and it is therefore my opinion that it would be illegal to do so without the license to carry concealed weapons. The same would certainly be true in case the pistol was being transported to a place owned by a near relative.

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