By Joanna Putman
Police1
LANSING, Mich. — A Michigan Court of Appeals panel has affirmed that police can lawfully stop individuals to request a concealed pistol license if there is reasonable suspicion that the person is carrying a gun, Michigan Public Radio Network reported.
The decision came from a case involving a man who was stopped by Detroit police because he appeared to have a gun under his shirt, according to the report. Upon stopping him, officers found he was carrying a gun but lacked the necessary license.
The man challenged the search, claiming it was unjustified. Lower courts ruled in favor of dismissing the case, according to the report. However, the Michigan Court of Appeals unanimously reversed this decision, referencing several federal cases that supported the legality of a warrantless search based on the appearance of carrying a concealed weapon.
The appellate panel noted that merely carrying a concealed gun could imply a crime under Michigan law, which requires individuals to prove their possession is lawful with a license, according to the report. Michigan’s gun laws mandate that individuals with a concealed pistol license must present their license when requested by law enforcement, without the need for officers to observe any additional suspicious behavior.
"[I]n Michigan, it is a prima facie violation of state law that is rebuttable by raising the issue of licensure and offering proof that the possession was lawful,” the court’s decision states.
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