open carry

T he Act affects criminal and civil liability for those who use force to defend themselves or others. PA 309, creates the Self Defense Act and specifies that it is not a crime to use force or deadly force to defend oneself if that person is not breaking any laws when defensive force was used. PA 310, puts the burden of proof on the prosecutor to show that a person acted unlawfully in the application of force, rather than the person using the force having to prove they acted lawfully. PA311, outlines rebuttal presumptions for justified use of self-defense. The bill makes it clear that there is no “duty to retreat” if a person is in a place where they have a legal right to be. PA 312, allows for the award of court and attorney fees in civil cases where it was determined a person acted in accordance with the Self Defense Act and where civil immunities apply. PA 313, expands the definition of “dwelling ” to include a person’s garage, barn, backyard, etc. PA 314, gives civil immunities to persons acting in accordance with the Self Defense Act , preventing criminals and their families from suing law-abiding citizens. As more and more police officers are encountering citizens who are openly carrying firearms in Michigan, the Michigan State Police offers this special edition of the Update to assist officers in familiarizing themselves with Michigan laws regarding both open and concealed carrying of firearms.

Open carry of firearms

In Michigan, it is legal for a person to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed. You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm.

MCL 750.234d provides that it is a 90 day misdemeanor to possess a firearm on the premises of any of the following: • A depository financial institution (e.g., bank or credit union)