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?
"(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.
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Phone: 313.733.74
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I do most of my blogging and article writing in coffee shops because there are too many distractions at home.
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