Articles Posted in Gun Laws

It is a sign of the times, a driver gets cut off, or suffers some other grievous offense, and before you know it, firearms are displayed and waived, and violence is threatened. In many instances, simply displaying your pistol to another driver can result in a brandishing charge.

What is Brandishing?

According to the Michigan Penal Code, “brandishing” occurs when a person points, waves about, or displays a firearm in a threatening manner with the intent to induce fear in another person. The laws and penalties regarding brandishing have some subtle factors, and recent news reports regarding arrests for brandishing arising out of a road rage incident, such as one regarding a person in Ottawa County provoke the question:  “what do I do if I am in a road rage incident and I have a firearm?”

Michigan is often referred to as the “Great Lakes State.”  Four of the five Great Lakes share borders with Canada, and when combined, all five of the Great Lakes share borders with seven other states, including Illinois, Indiana, Minnesota, Ohio, Pennsylvania, Wisconsin and New York. Then there is Lake St. Clair and the Detroit River, both of which also share borders with Canada. Consequently, boats in Michigan have the potential of originating their travels in a lake or river governed by State waters then crossing over into waters governed by a different state, or even crossing over into international waters. Unlike vehicles on land, these boundaries between states and countries are not always readily discernable. These facts combined with other unique qualities applicable to boating generally mean that there is no definitive answer to the “guns in boats” question that will apply in all situations.

Another complicating factor is that there is no law in Michigan that specifically addresses this issue.  While MCL § 28.425c does provide that a person with a CPL may carry concealed anywhere in the state (unless otherwise prohibited) including inside a vehicle, the term vehicle as used here probably does not include powerboats and other kinds of vessels, such as sailboats. However, this also is not 100% clear on its face.

There are also various laws applicable to boating and guns that appear to apply only in very specific scenarios, such as MCL §324.40111(2) which is applicable to boats used while hunting. This sub-section provides that “[E]xcept as otherwise provided in this part or in a department order authorized under section 40107, a person shall not transport or have in possession a firearm in or upon a vehicle, unless the firearm is unloaded … in a motorized boat.” Arguably this law, and others like it, are designed to stop poaching, and don’t otherwise apply to recreational boating.

The answer will depend on the written security policy of the individual court.  Police officers and other law enforcement officers are advised to check with the specific court prior to attempting to conceal carry.

Michigan law provides that any person with a CPL may carry anywhere in the State of Michigan unless otherwise precluded.  Most of the areas that are prohibited carry zones are set forth in Michigan Compiled Laws sec. 28.425o. Subsection 5 of this law sets forth the people who are exempt from these restrictions and who may therefore otherwise carry in weapons free zones. Provided certain licensing requirements are met, exempted persons include the following:

A retired police officer, retired law enforcement officer, or retired federal law enforcement officer, a private investigator or private detective, a corrections officer, a motor carrier officer or capitol security officer, a member of a sheriff’s posse, a parole, probation, or corrections officer, a state court judge, a court officer, a peace officer.