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Define Brandishing to make it clear Open Carry is not Brandishing

HB 4160 (Sponsor: Joel Johnson - Republican from Clare) and HB 4161 (Sponsor: Holly Hughes - Republican from Montague) of 2015 are two bills which clarify existing statute which is vague and is in need of clarification.  This two bill package would define "Brandishing" in Michigan to mean "to point, wave about, or display in a threatening manner with the intent to induce fear in another person."  This language would make it clear to courts and law enforcement that open carry of a holstered handgun is not brandishing.  While it isn't often a problem, people who have done nothing but openly carry a firearm (without threatening anyone) have been charged or threatened with charges of Brandishing.  MOC believes everyone (citizens, law enforcement, prosecution, and judges) benefit when terms within the law are clearly defined so everyone can understand them.

Updates:
2/27/2014 - Representatives from MOC Testify in favor of HB 5091 and HB 5092 in front of the House Judiciary Committee
1/6/2015 - Brandishing Bills Vetoed
2/5/2015 - Brandishing Bills Re-introduced!

 

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