Thursday, August 13, 2015

Ask CPL Instructor: If You Carry A Pistol In Your Hand To Your Front Door, Is That Brandishing?

Ask The Michigan Firearms Instructor
Q: Rick, I just saw this lady on the news saying she carries her gun in her hand while walking into her house. Is that brandishing?

A: PA 27 of 2015 went into effect on August 10th. As such, it amended MCL 750.234e to be written as the following:

"(1) Except as provided in subsection (2), a person shall not willfully and knowingly brandish a firearm in public.

(2) Subsection (1) does not apply to either of the following:

(a) A peace officer lawfully performing his or her duties as a peace officer.
(b) A person lawfully acting in self-defense or defense of another under the self-defense act, 2006 PA 309, MCL 780.971 to 780.974.

(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both."

Furthermore, MCL 750.222 was also modified on August 10, 2015 by defining the term brandish as the following: "Brandish means to point, wave about, or display in a threatening manner with the intent to induce fear in another person."

Thus, In my non-legal opinion it should be legal to carry a firearm in your hand, presumably from your vehicle, as long as you are not intentionally trying to scare people while not engaged in the act of self-defense.

DISCLAIMER: This opinion is worth exactly what you paid for it - nothing. Read the cited statutes for yourself and consult with an attorney who specializes in this area of the law.

About The Author
Rick Ector is a National Rifle Association credentialed Firearms Trainer, who provides Michigan CCW Class training in Detroit for students at his firearms school - Rick's Firearm Academy of Detroit.

Ector is a recognized expert in firearm safety and has been featured extensively in the national and local media: Associated Press, UPI, NRAnews, Guns Digest, Tactical-Life, The Truth About Guns, The Politics Daily, Fox News Detroit, The Detroit News, The Detroit Examiner, WJLB, WGPR, and the UrbanShooterPodcast.

For more info about free shooting lessons for women and Michigan CCW Classes, please contact:

Rick's Firearm Academy of Detroit
Web: http://www.detroitccw.com.
Email: info@detroitccw.com
Phone: 313.733.74

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