We are happy to announce that yesterday (5/12/2015) the Brandishing bills, which were written by MOC's legislative team, became law. These bills, for the first time in Michigan, define brandishing and in doing so make it clear: OPEN CARRY IS NOT BRANDISHING!
HB 4160 has been signed as 2015 Public Act 27. HB 4161 has been signed as 2015 Public Act 28
Many thanks to Representative Joel Johnson for being the primary legislative sponsor for this package as well as Representative Holly Hughes for sponsoring HB 4161.
Thanks is also due to Representative Klint Kesto (House Judiciary Chairman) for giving this legislation such a prompt hearing in the House Judiciary Committee as well as Senator Rick Jones (Senate Judiciary Chairman) for bringing up these bills in Senate Judiciary.
The timing of the signing of these bills (which will take effect in 90 days) is especially important given our lawsuit against Clio. Clio's attorneys have said the case should be dismissed because open carry tantamount to brandishing. The signing of this legislation will make it so our attorney can promptly squash this argument.
Comments
You could be charged, but it
You could be charged, but it would have to stand up in court to the new (2015) definition we now have in law of brandishing. If it was determined you displayed it in a threatening manner without cause you could be convicted. If you are threatened with great bodily harm or death, why would you merely pull your shirt back, though? That's what you will be asked in court, and the prosecutor will probably say that you really didn't fear for your life or you would have actually pulled your gun.