In Michigan, its a 2 to 5 year felony to carry a concealed pistol w/o a license. However, you can open carry a pistol w/o a cpl. Lets say someone has a pistol in public and is attacked. They shoot the person in self defense. The police come and find the defender doesnt have a cpl, and they charge him with carrying a concealed pistol. How will the law be able to prove that you were concealed carrying instead of open carrying? Keep in mind, you dont need a license to open carry, but concealed carry.
So if the cops come after the fact and just see you with the gun, but they didnt see in which condition you originally had it (open or concealed) can they still charge you with carrying a concealed weapon?[/quote]
Of course not. When the cops show up, they have a dead (or wounded) attacker and you are standing there with a gun. Upon arrival, the cops have no way of knowing whether it was concealed or being carried in the open, and so they would have no reliable factual proof to give to the ADA. The ADA wouldn’t have enough proof to convict, even if the AFA was dumb enough to try and convict a person who just successfully defended himself from an assailant, which I wouldn’t think he would be.
Use common sense.[/quote]
It’s never an open/closed story with the law though… it’s more about who’s doing the shooting and what happened as far as who gets charged with what.