People v. Parr

I concur in the majority opinion, but write separately to question the analysis in People v Gardner, 194 Mich App 652; 487 NW2d 515 (1992). Gardner adopts People v Huizenga, 176 Mich App 800; 439 NW2d 922 (1989), concluding that inoperability can be an affirmative defense to a charge of carrying a concealed pistol in a vehicle, MCL 750.227(2); MSA 28.424(2). In ostensibly resolving a longstanding split of authority, however, Gardner failed to acknowledge or discuss People v Thompson, 189 Mich App 85; 472 NW2d 11 (1991), which rejected Huizenga. Notably, Judge Fitzgerald dissented in Thompson…