10 replies to this topic

[GarandFan]

We are all thrilled with the game-changing court precedent such as Heller and McDonald.  Some thought those cases were a bit of a gamble ... they may have been a bit, but I am glad they turned out in our favor, and in the favor of history, tradition, justice, and a mainstream reading of the second amendment itself.

Now the precedent is paying off ... we have Ezell, Gowder, the may-issue District case in Maryland, etc.  Even states will fall into line, like this recent one out of a Michigan appeals court.

http://www.freep.com...|text|FRONTPAGE

Stun gun possession is a right protected by Michigan, U.S. constitutions
10:30 AM, June 27, 2012
By Dawson Bell
Detroit Free Press Lansing Bureau

LANSING – Possession of a taser or stun guns is a right protected by the U.S. and Michigan constitutions, the Michigan Court of Appeals ruled in a decision released this morning that bars the prosecution of suspects arrested in Bay and Muskegon counties.

The three-judge appeals panel cited a 2008 U.S. Supreme Court decision involving handguns which “guarantee(s) the individual the right to possess and carry weapons in case of confrontation” to find a state law barring the use of tasers and stun guns by private citizens was unconstitutional.

.....

[colt-45]

that is a good win

[Gunslinger]

Gotta love the "and carry"

[TFC]

If only they'd drop that non-resident reciprocity ban from their CC law.

[Uncle Harley]

TFC, on 27 June 2012 - 09:24 PM, said:

If only they'd drop that non-resident reciprocity ban from their CC law. :mm:

Not trying to derail but I believe you may open carry with a foid, but be cautioned MI considers a loaded weapon inside a vehicle"concealed" so it's either hoof it , unload in car, or ride a motorcycle. If you want to discuss this further we should start a different thread

[colt-45]

the last part of that story i did like. about the open carry.The appeals court said its ruling did not address limits set by the new law.
The court did say, however, that “a total prohibition on the open carrying of a protected arm such as a taser or stun gun is unconstitutional.”

Edited by colt-45, 27 June 2012 - 09:45 PM.

[sctman800]

Uncle Harley, on 27 June 2012 - 09:40 PM, said:

TFC, on 27 June 2012 - 09:24 PM, said:

If only they'd drop that non-resident reciprocity ban from their CC law. :mm:

Not trying to derail but I believe you may open carry with a foid, but be cautioned MI considers a loaded weapon inside a vehicle"concealed" so it's either hoof it , unload in car, or ride a motorcycle. If you want to discuss this further we should start a different thread

IIRC the motorcycle issue was discussed either here or on Indiana Gun Owners and motorcycles are considered a vehicle and you must be unloaded.  I will try to look up where I read that and be back later.   Jim.

[Gunslinger]

The FOID has nothing to do with OCing or CCing in any other state

[lockman]

Gunslinger, on 28 June 2012 - 05:16 PM, said:

The FOID has nothing to do with OCing or CCing in any other state

Michigan recognizes an Illinois FOID card for the purpose of possession and transport as long as it is not concealed.

In sum you can OC in MI with your FOID card subject to MI restrictions.

[belercous]

It's a good win, but the ruling is only good in MI. The ruling of a state court on the US Const. carries no weight outside of the state. A federal appeals (circuit) court needs to make such a ruling to have any real effect. A federal district (trial) court ruling doesn't even bind the same court from reversing itself, although it would make it herder to do such.

[Hatchet]

lockman, on 28 June 2012 - 07:16 PM, said:

Gunslinger, on 28 June 2012 - 05:16 PM, said:

The FOID has nothing to do with OCing or CCing in any other state

Michigan recognizes an Illinois FOID card for the purpose of possession and transport as long as it is not concealed.

In sum you can OC in MI with your FOID card subject to MI restrictions.

http://illinoiscarry...=1