School Project
I couldn't figure out how to post it as an attachment or I would have, sorry, it was in APA format. If anyone knows how to attach files let me know, I also have a powerpoint as well that was part of this project.
Glock214
Our Right to Carry
Michigan…Our Right to Carry in a Shall Issue State
Glock214
February 29, 2012
Our Right to Carry
Right to carry, otherwise known as open carry is a safer, better way to carry in today’s society for many reasons, however the greatest reason being the ability to deter crime. Many will argue that openly carrying a handgun will scare the public, and cause wide spread panic within our communities. However people have been openly carrying handguns as far back as the old west. This could be compared to a modern day cowboy being a Police Officer.
The perception that openly carrying a handgun will scare the public is the most commonly used argument against the open carry movement. However if that is the case how are citizens accepting of a police officer who is an ordinary citizen openly carrying a handgun who’s only difference is having a badge providing authority to arrest and enforce the law. Citizens who choose to openly carry a handgun do so not to look tough, or to become the center of attention. They do so to exercise their constitutional right to bear arms, deter crime, and have a tactical advantage. Police officers do not carry a handgun openly to complement their uniforms, they do so to make their presence known as an authority figure in order to deter crime.
Citizens who choose to openly carry a handgun have to undergo a thorough background check before even purchasing a handgun. More so these citizens then also undergo extensive training in order to become proficient with their handguns, as these tools will be used to protect not only themselves, but also their families. Part of this training is going through an 8 hour handgun safety course covering topics including but not limited to, local, state, and federal gun laws, proper storage and transportation of a handgun, along with proper shooting techniques. After successful completion of a Concealed Pistol License otherwise known as a Carrying a Concealed Weapon (CCW) or CPL (Concealed Pistol License) a citizens training is not complete.
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Constant training, and knowledge of local, state, and federal laws are always being passed through legislation which makes someone with a CPL or CCW held to a higher standard than someone who does not have such a license. Many of the individuals who openly carry their firearms are members of many of Michigan organizations that help to educate, train, and provide resources for both people who wish to either carry concealed or carry openly. Many of these organizations are non-profit and hold multiple public events, seminars, lunches, and picnics to help promote the importance of the 2nd amendment, and overall gun safety for all that attend. Some of the major organizations include MCRGO (Michigan Coalition for Responsible Gun Owners), OpenCarry.org (OCDO), and MichiganOpenCarry.org (MOC). All three of these organizations hold these events at little or no cost to attend, and are usually sponsored by local events, or even held at local business throughout the State of Michigan. All proceeds go to specific causes such as legal defense funds used to assist those who run into legal problems not just limited to open carry. Funds are also allocated to other resources such as compiling websites to help reach individuals who are unable to attend these events held all across the state, to ensure even if you are unable to attend, you still are able to be educated via the internet. An example of the legal defense would be a more recent case of an individual openly carrying a legally registered handgun in a holster in plain view into a public library being banned from the premises. Shortly after that incident MOC brought forth a lawsuit against CADL (Capital Area District Library) to defend open carry and all gun owners’ rights in the State of Michigan, and lift the temporary restraining order against open carry in the library. The reason for the lawsuit is simply due to our constitutional right to bear arms written in the U.S Constitution stating: A well-regulated Militia being necessary to the security of a Free State, the right of the people to keep and bear arms shall not be infringed. I recently interviewed the President of MOC Mr. Phillip Hofmeister (Michigan Open Carry Inc.) regarding what the mission of MOC is, and what the views of MOC are among the 2nd amendment. Here are the interview questions:
Jay *******:
“Why do you feel people are willing to accept concealed carry while out in public, and overall support the 2nd Amendment? However when it comes to Open Carry, those same 2nd Amendment Supporters choose to attempt to take away our right to bear arms?”
Mr. Phillip Hofmeister:
There are a few reasons I have heard for this. Some people think
ut of sight, out of mind" is best. They believe if the public sees people with firearms, they will react and demand change -- perhaps taking us backward (undoing "Shall Issue").
There is also a lot of semantic misunderstandings. People will often say, "I don't support open carry." However, upon further questioning and clarification one finds out a fair majority of these people really mean, "I don't Open Carry, but I am okay with others doing it". Their initial statement is based on the misunderstanding that you have to Open Carry yourself in order to "support it".
There are yet others who support the idea of Open Carry but for their own various reasons they do not like Michigan Open Carry, Inc -- the organization.
Jay *******:
“With 43 states allowing some form of open carry, do you feel the movement could be brought to a halt due to anti-gun advocates such as the Brady Campaign? And if so, how could law abiding gun owners fight back?”
Mr. Phillip Hofmeister:
“Anything is always possible. That being said, unless thousands of otherwise lawful open carriers nation-wide go on shooting rampages, I don't think it is likely. At the national level we have a Republican dominated majority. While there are a fair share of Republicans that have less than fully supportive views of the Second Amendment -- I think the Republican Controlled House makes it less likely that Federal Gun Control Legislation will be moved under the present Congress. As the Congress changes -- that assessment will change.
At the State (MI) level we have a Republican Controlled House, Senate, and Governorship (as well as a "Republican" majority on the State Supreme Court). While the movement of pro-gun legislation under the current State Legislature (which convened in January 2011 and will adjourn December 2012) has been disappointing, there has been absolutely no movement on gun control legislation. I can name two bills (that have been introduced) off the top of my head that would add Public Libraries to the so-called "pistol free zone" lists -- stemming from the CADL v. Michigan Open Carry case. I don't expect these bills to move. I spoke with Joan Bauer's office (the sponsor for these gun control bills) and they do not anticipate movement on the bills either.
I see the current political climate as more "pro-gun" than "anti-gun" (overall) -- that being said I am disappointed it isn't more "pro-gun".”
Jay *******:
“Many people who choose to carry concealed argue that they have a tactical advantage if ever in a self defense situation compared to someone who decides to open carry. What are your thoughts on this argument?”
Mr. Phillip Hofmeister:
“I'll give you the "party line". While someone who is concealed carrying may be able to confront and deescalate a violent situation after it has started, we can point to cases where the presence of open carriers has cause a violent situation to never exist. Persons who were caught and admitted to contemplating a robbery of a diner stated they withdrew their plans because of the presence of visibly armed citizens.
Another advantage to Open Carry is a "faster draw". I can pull my weapon and get my first shot off in .5-.7 seconds when I am Open Carrying. That time frame gets 2-3 times slower when I conceal carry.
The "element of surprise" is primarily an offensive strategy -- so you can "sneak" up on people without rousing their attention -- only to attack them. The value of the "surprise", in my opinion, is greatly diminished when you are on the defensive -- which lawful carriers always are.”
Jay *******:
“I have read on many Police Officer forums that they claim the people who decide to openly carry their firearms on their hips into a public place such as a grocery store, or coffee shop or restaurant. Are simply asking for attention trying to portray to others that they are a tough guy, or a pretend cop with their (concealed carry) badge visible for all to see. Some officers have stated on a public forum that they even believe that those who openly carry a firearm are lacking confidence and carry a sidearm to hide behind the firearm.
What are your thoughts on these statements and assumptions made by law enforcement officers who are there to serve and protect?”
Mr. Phillip Hofmeister:
“I think it's shameful that our public servants make such comments. I certainly do not believe every police officer believes this. That being said, as with every community of people there are a few "bad apples".
Some officers may fear law abiding citizens who carry. Citizens who carry are in less of a need of an "immediate" police response -- thus decreasing the need for more police. that fallacy is, even if we multiplied the size of every police force by a factor of 10, there still wouldn't be enough officers for an "instant" response (under 10 seconds). Often times, there isn't even time to dial or for 9-1-1 to pick up before life and death action needs to be taken.
I don't think people who carry have a confidence complex, but are rather people who feel it is important to take on the awesome personal responsibility to provide protection for themselves and their loved ones -- no matter if they are at home or out-and-about.”
Jay *******:
“What exactly is the mission of Michigan Open Carry Inc.?”
Mr. Phillip Hofmeister:
“I'll simply copy this from our website,
http://www.miopencarry.org:
To educate and desensitize the public and members of the law enforcement community about the legality of the open carry of a handgun in public.
To exercise a natural right to self defense using the most efficient and common tool, a handgun.
To demonstrate to the public at large that gun owners are one of the most lawful segments of society and they have nothing to fear from the lawful carry of a firearm.
To protect our right to self-defense.”
Jay *******:
“Is there anything else you feel you would like me to include in my final paper?”
Mr. Phillip Hofmeister:
“A right not exercised is a right lost.”
Jay *******:
“I thank you for your time, and again appreciate you taking part in my project.”
I would like to go on record again and thank MOC President Phillip Hofmeister for taking the time to answer my questions and allow me to use his responses in my final paper.
With well over 300,000 citizens licensed to carry a firearm in the state of Michigan alone, many of which have more knowledge of the local, state, and federal laws than the average police officer does. Knowing the laws is of great importance to anyone who decides to carry a handgun in the State of Michigan. That is why we as 2nd Amendment supporters encourage the general public, law enforcement officials, students, and anyone who is thinking about carrying a handgun to either attend open carry seminars, or to visit the online websites to further seek education about carrying a handgun lawfully in Michigan. Incorrectly carrying a handgun in the state of Michigan can land you in serious legal problems that include large fines, CPL revocation/suspension, and or prison time. All of this for making a simple mistake while carrying either concealed, or openly, an example of this would be carrying concealed onto school property. Doing so could lead to not only hefty fines, minimal jail time, but also suspension and or revocation of your CPL. An example of making a mistake while openly carrying your handgun would be having obtained a moving violation from a peace officer, and forgetting you have your handgun holstered on your side. As you walk into the county courthouse to pay your ticket. Unintentionally carrying your handgun into a courthouse, that is a PFZ (Pistol Free Zone) for any type of carry concealed or open. Therefore making the conscious decision to carry a handgun in Michigan or any other state for that matter is a big responsibility gun owners do not take lightly. Those who chose to carry openly also do so due to the ease of breaking a law unintentionally by carrying concealed in a PFZ (Pistol Free Zone) where you cannot legally carry a handgun concealed, however are typically able to openly carry your handgun. How you ask is it that you are not able to carry a concealed handgun in PFZ’s such as k-12 schools, churches, banks, and bars, however are able to legally carry your handgun openly in these same areas. Simply put, that is the way the laws or MCL (Michigan Compiled Laws) currently read:
28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation; penalties.
Sec. 5o.
(1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:
(a) A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the child from the school. As used in this section, "school" and "school property" mean those terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
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(b) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.
(c) A sports arena or stadium.
(d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but is not required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(e) Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.
(f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.
(g) A hospital.
(h) A dormitory or classroom of a community college, college, or university.
(2) An individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol in violation of R 432.1212 or a successor rule of the Michigan administrative code promulgated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
(3) As used in subsection (1), "premises" does not include parking areas of the places identified under subsection (1).
(4) Subsection (1) does not apply to any of the following:
(a) An individual licensed under this act who is a retired police officer or retired law enforcement officer. The concealed weapon licensing board may require a letter from the law enforcement agency stating that the retired police officer or law enforcement officer retired in good standing.
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(b) An individual who is licensed under this act and who is employed or contracted by an entity described under subsection (1) to provide security services and is required by his or her employer or the terms of a contract to carry a concealed firearm on the premises of the employing or contracting entity.
(c) An individual who is licensed as a private investigator or private detective under the professional investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851.
(d) An individual who is licensed under this act and who is a corrections officer of a county sheriff's department.
(e) An individual who is licensed under this act and who is a motor carrier officer or capitol security officer of the department of state police.
(f) An individual who is licensed under this act and who is a member of a sheriff's posse.
(g) An individual who is licensed under this act and who is an auxiliary officer or reserve officer of a police or sheriff's department.
(h) An individual who is licensed under this act and who is a parole or probation officer of the department of corrections.
(i) A state court judge or state court retired judge who is licensed under this act. The concealed weapon licensing board may require a state court retired judge to obtain and carry a letter from the judicial tenure commission stating that the state court retired judge is in good standing as authorized under section 30 of article VI of the state constitution of 1963, and rules promulgated under that section, in order to qualify under this subdivision.
(5) An individual who violates this section is responsible for a state civil infraction or guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), the individual is responsible for a state civil infraction and may be fined not more than $500.00. The court shall order the individual's license to carry a concealed pistol suspended for 6 months.
(b) For a second violation, the individual is guilty of a misdemeanor punishable by a fine of not more than $1,000.00. The court shall order the individual's license to carry a concealed pistol revoked.
(c) For a third or subsequent violation, the individual is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. The court shall order the individual's license to carry a concealed pistol revoked.
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750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.
Sec. 234d.
(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(b) A church or other house of religious worship.
(c) A court.
(d) A theatre.
(e) A sports arena.
(f) A day care center.
(g) A hospital.
(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.
(2) This section does not apply to any of the following:
(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.
(b) A peace officer.
(c) A person licensed by this state or another state to carry a concealed weapon.
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(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.
(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.
28.425o prohibits the carrying of a concealed pistol in a place licensed to sell alcohol, and having the greater portion of income generated by the sale of alcohol served by the glass to be consumed on the premises.
And 750.234d prohibits firearms on those premises in section 1, however it exempts a CPL holder in section 2, therefore a CPL holder is prohibited from concealment only, under 425o, but exempted from possession only, under 234d, you are allowed to carry only openly, and only with a CPL in these areas.
As you can see, carrying a concealed handgun in the state of Michigan can land you in some legal consequences if not carried correctly. And so, carrying openly is a not only more comfortable, as noted above, but can also keep you out of legal troubles in the event you are carrying your handgun and unintentionally wander onto a concealed PFZ chances are that you would be fine so long as you are not on federal land/property or in a PFZ where you cannot carry concealed or openly such as a court house or postal office.
Why people have such a big issue with openly carry of a handgun is beyond me, for every handgun you can see, there are probably 3-4 others that you cannot due to them being concealed.
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I feel the only way to change the way the general public looks at handguns or firearms in general are to educate them. I tend to find that when speaking to anti-gun activists, they tend to only see firearms as weapons, and not as a self defense tool. And really do not focus on what it actually takes for a law abiding citizen to obtain a handgun in the first place, not only that, but to then apply for a CPL which both require a thorough background check. Not just anyone can legally obtain a firearm in today’s age of changes to firearm laws such as with the anti-gun advocates of groups like the Brady Campaign.
If the general public really wishes to have to see handguns less, they should really begin to support our new bills being introduced into legislation to help expedite the process in which a CPL applicant has to wait for his/her CPL. Until an applicant has obtained his/her CPL a person may not legally conceal his/her handgun, and needs to carry it openly in order to not break the law. In the state of Michigan any 18-yr old or older, law abiding citizen who owns a legally registered handgun may openly carry (in a fully visible holster) said handgun in all places explicitly exempt by law with or without a CPL. Private property rules over-ride state law in regards to firearm possession.
What is Brandishing?
A.G.Opinion No. 7101 February 6, 2002: …In the absence of any reported Michigan appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions. The term brandishing is defined as:
“1. To wave or flourish menacingly, as a weapon.
2. To display ostentatiously. A menacing or defiant wave or flourish."
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This definition comports with the meaning ascribed to this term by courts of other jurisdictions…the court recognized that in federal sentencing guidelines, "brandishing" a weapon is defined to mean "that the weapon was pointed or waved about, or displayed in a threatening manner." Applying these definitions to your question, it is clear that a reserve police officer, regardless whether he or she qualifies as a "peace officer," when carrying a handgun in a holster in plain view, is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm in violation of section 234e of the Michigan Penal Code.
It is my opinion, therefore, that…by carrying a handgun in a holster that is in plain view, does not violate section 234e of the Michigan Penal Code, which prohibits brandishing a firearm in public. JENNIFER M. GRANHOLM, Attorney General
This update is published by the Michigan State Police Training and Standards Division. Questions and comments may be directed to
MSPLegal@michigan.gov. Past editions can be found at
www.michigan.gov/msp-legal.
MI C H I G A N S T A T E P O L I C E
LEGAL UPDATE
NO. 86
O C T O B E R 2 6 , 2 0 1 0
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FIREARMS LAW
As more and more police officers are encountering citizens who are openly carrying firearms in Michigan, the Michigan State Police offers this special edition of the Update to assist officers in familiarizing themselves with Michigan laws regarding both open and concealed carrying of firearms.
Open carry of firearms
In Michigan, it is legal for a person to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed. You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm.
MCL 750.234d provides that it is a 90 day misdemeanor to possess a firearm on the premises of any of the following:
A depository financial institution (e.g., bank or credit union)
A church or other place of religious worship
A court
A theater
A sports arena
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A day care center
A hospital
An establishment licensed under the Liquor Control Code
The above section does not apply to any of the following:
The owner or a person hired as security (if the firearm is possessed for the purpose of providing security)
A peace officer
A person with a valid concealed pistol license (CPL) issued by any state
A person who possesses on one of the above listed premises with the permission of the owner or owner’s agent
Officers must be aware of the above exemption for valid CPL holders as many of the citizens who openly carry firearms possess valid CPLs. An individual with a valid CPL may carry a non-concealed firearm in the above listed premises.
A CPL holder is not required by law to carry a pistol concealed. A CPL holder may carry a pistol concealed or non-concealed.
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A private property owner has the right to prohibit individuals from carrying firearms on his or her property, whether concealed or otherwise, and regardless of whether the person is a CPL holder. If a person remains on the property after being told to leave by the owner, the person may be charged with trespassing (MCL 750.552).
MCL 750.226 states it is a felony for a person to carry a dangerous weapon, including a firearm, with the intent to use the weapon unlawfully against another person.
Possession of firearms in public by a minor is addressed in MCL 750.234f.
Brandishing firearms
MCL 750.234e provides that it is a 90-day misdemeanor for a person to knowingly brandish a firearm in public. Brandishing is not defined in Michigan law and there are no reported Michigan cases that define the term. Attorney General Opinion No. 7101 provides guidance and states, “A person when carrying a handgun in a holster in plain view is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm….”
Transporting firearms
Michigan law details how firearms may be transported in a vehicle. MCL 750.227c and MCL 750.227d discuss the transportation of firearms, other than pistols, in vehicles.
MCL 750.227(2) makes it a felony for a person to transport a pistol anywhere in a vehicle unless the person is licensed to carry a concealed
Our Right to Carry pistol. Exceptions to the above statute are found in MCL 750.231a.
One such exception allows for transportation of pistols in a vehicle for a “lawful purpose.” A lawful purpose includes going to or from any one of the following:
A hunting or target area
A place of repair
Moving goods from a home or business to another home or business
A law enforcement agency (for a safety inspection or to turn the pistol over to the agency)
A gun show or place of sale or purchase
A public shooting facility
Public land where shooting is legal
Private property where a pistol may be lawfully used
MCL 750.231a also provides that a pistol transported for a “lawful purpose” by a person not licensed to carry a concealed pistol must be all of the following:
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Unloaded
In a closed case designed for firearms
In the trunk (or if the vehicle has no trunk, it must not be readily accessible to the occupants)
There is no way to “open carry” a pistol in a vehicle. An individual, without a CPL or otherwise exempted (e.g., a police officer), who transports a pistol in a vehicle to an area where he or she intends to “open carry” may be in violation of MCL 750.227.
Carrying concealed weapons
MCL 750.227 also makes it a felony for a person to carry a concealed pistol on or about his or her person unless the person is exempt under MCL 750.231 or MCL 750.231a. Complete invisibility is not required. The carrying of a pistol in a holster or belt outside the clothing is not carrying a concealed weapon. Carrying a pistol under a coat is carrying a concealed weapon. Op. Atty. Gen. 1945, O-3158. According to the Court of Appeals in People v. Reynolds, a weapon is concealed if it is not observed by those casually observing the suspect as people do in the ordinary course and usual associations of life. 38 Mich App. 159 (1970).
Firearms Act
MCL 28.422 provides that a person shall not purchase, carry, possess, or transport a pistol in Michigan without first having obtained a License to Purchase and registering
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the pistol. The statute contains exemptions for certain persons and additional exemptions are located in MCL 28.422a and in MCL 28.432.
A person with a valid Michigan CPL does not have to obtain a License to Purchase; however, he or she still has to register the pistol after he or she purchases or otherwise acquires it using a Pistol Sales Record (MCL 28.422a). Violation is a state civil infraction. Additionally, a person with a valid CPL can carry, possess, use, or transport a properly registered pistol belonging to another (MCL 28.432).
Pistol buyers are required to have in their possession their copy of the License to Purchase or Pistol Sales Record when carrying, using, possessing, and transporting the pistol for 30 days after they acquire the pistol. These records are commonly referred to as Registration Certificates or Green Cards. Officers are reminded that after 30 days, there is no requirement to have either record in their possession or to keep either record.
MCL 28.425o provides that a person with a valid CPL shall not carry a concealed pistol in a pistol-free zone. First offense is a state civil infraction. The following is a list of the premises (excluding parking lots) included in the statute:
School or school property, except a parent or legal guardian who is dropping off or picking up a child and the pistol is kept in the vehicle
Public or private day care center
Sports arena or stadium
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A bar or tavern where sale and consumption of liquor by the glass is the primary source of income (does not apply to owner or employee of the business).
Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless authorized by the presiding official
An entertainment facility that has a seating capacity of 2,500 or more
A hospital
A dormitory or classroom of a community college, college, or university
A casino (R 432.1212, MCL 432.202)
Note, the above statute applies to CPL holders carrying a concealed pistol. If the CPL holder is carrying a non-concealed pistol, the statute does not apply. As noted above, the unlawful premises listed in MCL 750.234d do not apply to persons with a valid CPL. Therefore, a person with a valid CPL may carry a non-concealed
This update is provided for informational purposes only. Officers should contact their local prosecutor for an interpretation before applying the information contained in this update. MSP Legal Update No. 86 Page 3 of 3 This update is provided for informational purposes only. Officers should contact their local prosecutor for an interpretation before applying the information contained in this update.
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Additionally, the above listed pistol-free zones for CPL holders do not apply to the following individuals when they are licensed to carry a concealed weapon:
Retired police officers
Persons employed or contracted by a listed entity to provide security where carrying a concealed pistol is a term of employment
Licensed private detectives or investigators
Sheriff’s department corrections officers
State police motor carrier officers or capital security officers
Members of a sheriff’s posse
Auxiliary or reserve officers of a police or sheriff’s department
Parole or probation officers of the department of corrections
Current or retired state court judges
Out-of-state residents
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Non-residents may legally possess a firearm more than 30 inches in length in Michigan. In order for a non-resident to possess a pistol in Michigan, he or she must either be licensed to carry a concealed pistol or be licensed by his or her state of residence to purchase, carry, or transport a pistol. The ownership of property in Michigan does not qualify a non-resident to possess a pistol in Michigan.
Non-resident concealed pistol possession
MCL 750.231a makes it legal for a non-resident of Michigan with a valid CPL issued by his or her state of residence to carry a concealed pistol in Michigan as long as the pistol is carried in conformance with any and all restrictions appearing on the license. Individuals with out of state CPLs are subject to Michigan laws that govern Michigan CPL holders. As many states issue CPLs to out of state residents, officers should verify that the person actually resides in the state that issued the license. If the person does not reside in the state that issued the license, Michigan does not recognize the CPL and the person may not carry a concealed pistol in Michigan.
Possession of pistols by non-residents
MCL 28.432 makes it legal for non-residents of Michigan who hold valid CPLs issued by another state to possess a non-concealed pistol in Michigan without complying with Michigan’s pistol registration requirements. Additionally, MCL 28.422 exempts residents of other states from Michigan’s pistol registration requirements therefore, allowing them to possess a pistol in Michigan, if all of the following requirements are met:
1.
The person is licensed by his or her state of residence to purchase, transport, or carry a pistol,
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The person is in possession of the license while in Michigan,
The person owns the pistol possessed in Michigan,
The person possesses the pistol for a lawful purpose as defined in MCL 750.231a, and
The person is in Michigan less than 180 days and does not intend to establish residency here.
A non-resident must present the license issued by his or her state of residence to a police officer upon demand. Failure to do so is a 90-day misdemeanor. When transporting a firearm in Michigan, non-residents must transport pistols in compliance with MCL 750.231a (discussed above in the Transporting Firearms section), unless they have a concealed pistol license issued by their state of residence.
Officers are reminded that the Fourth Amendment protects citizens from unreasonable searches and seizures. Carrying a non-concealed firearm is generally legal. Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot. For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol.
Our Right to Carry
Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation.
As of right now, in order for a law abiding citizen to exercise his/her constitutional right to bear arms and carry for the protection of their families and themselves. They need to carry their handgun openly in plain view in a holster. People who are anti-gun and who do not like this should consider the following in regards to CPL issuance in the State of Michigan. And maybe, once they are to realize how difficult and time consuming it is for an applicant to obtain a CPL in the State of Michigan. And thus are required by law to carry their handgun openly.
Changing the legislation in Michigan to allow Michigan Residents 21 years of age and older the ability to an expedited CPL approval without the need of the unnecessary step of needing a Gun Boards approval in a “Shall Issue” State. A different approach to this problem would be allowing non resident applicants the ability to apply for a CPL within any County in the State of Michigan if the wait in their home county is too long.
Currently all applicants for a CPL (Michigan Concealed Pistol License) need to have their applications either approved or denied by the gun board in the County or Township they reside in.
Even though Michigan is a “shall issue” state, and has been since 2001. Michigan residents are still made to have their CPL applications reviewed by their local gun boards for approval or denial of a CPL. In many of these Counties the wait for your application, background check, and gun board interview can be up to 4 months or more. And in other Counties the wait can be as little as 2 weeks given the amount of times a gun board meets in that given County. For instance in Kent County Michigan the local gun board meets once a month on the first Thursday of each month. Interviewing applicants within a three hour window whose applications have been flagged due to something located within their background checks. Why a County gun board needs to approve or deny an applicants CPL application in a “shall issue” state is beyond me. The background check goes through local, state, and federal agencies in order make sure an applicant is eligible for a CPL. Yet, many applicants still need to appear before the gun board for an interview, or still need to have their application reviewed by a gun
board that ultimately should have no say in whether an application is approved or denied. In a “shall issue” state the approval of a CPL license should be automatic once the background check of the applicant is received and clears with no red flags.
Our Right to Carry
Therefore, expediting the applicants CPL issuance to weeks instead of the 3-4 months it is taking in many counties across Michigan. There is a current bill being proposed to the county clerks within the state of Michigan in an effort to allow concealed handgun applicants to bypass counties considered too slow in processing of a CPL. The Michigan Association of County Clerks has requested that non residents pay an extra $50 on top of the normal application fee for a concealed pistol license. One amendment being discussed would be a $20 non resident charge for a license in a county other than the county in which the applicant resides in. With all these discussions of possibly passing this new bill to assist Michigan residents in receiving a timely CPL, it has been brought to the attention of the Michigan residents, that CPL’s for Michigan are already amongst the highest in the nation. And it has been argued that there are indeed some counties within Michigan that would be able to adopt the new process if the bill is passed within their current revenue budgets. However, others are not as capable of doing so, which in turn creates a problem for many counties who are considered one of the slower counties such as Kent County.
Current arguments against the proposal are that those counties neighboring slower counties would see a dramatic increase in non resident applicants on top of applicants who reside within their counties. Not only slowing down the process in these faster counties, but ultimately increasing the amount of time and manpower needed for reviewing an applicants eligibility, including contacting authorities in their home counties for background checks. And example of a faster county would be Barry County that has an average CPL application processed and issued with 30-60 days according to Pam Jarvis clerk for Barry County.
Our Right to Carry
With approximately 301,760 CPL holders in the State of Michigan and those numbers seeming to increase yearly according to Michigan State Police yearly CPL licensure reports. Something has to be done to in order to really make Michigan a “Shall Issue” State, and improve the overall process in approving a CPL. In theory, the gun boards in each county should be there to approve all applicants that are found to be free and clear of any red flags in accordance with their background checks. And should only utilize face to face interviews for those whose applications and or background checks had inconsistencies.
Expediting the issuance of a Michigan CPL would not fix all problems for CPL holders, however it would be a step in the right direction. Another hurdle for CPL holders has been the PFZ’s restricting where you can, and cannot carry a concealed handgun. CPL holders now are able to carry in a majority of these PFZ’s with open carry, however with private property rules overriding state law, the owner could simply ask them to leave hence making it once again a PFZ. I myself a CPL holder do not wish to stop openly carrying my handgun, which I feel is safe to say that most who openly carry their handguns would agree with me in order to please others. However, with just the passing of the above mentioned proposals, it would at least allow CPL holders to continue to exercise their rights even in a PFZ, even if that means having to carry concealed. I feel that it is not right we as CPL holders who are law abiding citizens have to conceal our handguns to please others, in order for us to be able to exercise our right to bear arms. Why are Mr. Average Citizen’s rights valued more than mine? Why is it that it’s ok for a person openly carrying their handgun to get asked to leave or cover up their handgun simply because someone else didn’t approve of how they carried? I have yet to hear of a person being asked to leave simply because a person openly carrying their handgun complained about someone wearing something they did not approve of.
People who openly carry their handguns are some of the nicest people you will ever encounter, when we strap on that holster and load up and holster that handgun to our sides. We represent the open carry movement whether we like it or not. The last thing we as open carriers want is more bad press about guns, or gun owners. If you ask any person who has ever openly carried a handgun, the majority of them will state that they have taken the time to at least once educate an uninformed citizen about the legal right to openly carry a handgun in Michigan, and to explain some of the laws pertaining to carrying a handgun. How many police officers do you know that would do that?
Thus, as stated previously, openly carrying a handgun gives the person carrying a much greater advantage, not only as far as safety from the criminals. But also safer from prosecution due to an unintentional mistake while concealing in a place where they should have been openly carrying.
A right not exercised is a right lost.
Our Right to Carry
References:
News Article:
www.Mlive.com
http://www.mlive.com/politics/index.ssf/2011/11/county_clerks_balk_at_new_prop.html
News Article:
www.Mlive.com
http://www.mlive.com/news/grand-rapids/index.ssf/2011/06/a_day_at_the_kent_county_gun_b.html
Professional Reference:
Phillip Hofmeister
President
Michigan Open Carry, Inc.
PHofmeister@miopencarry.org
http://www.miopencarry.org
Michigan Open Carry Online Forum Members
stainless1911
Venator
Bronson
xmanhockey7
HKcarrier
Gutshot
DrTodd
Thank you to all those named above, as well as the entire michiganopencarry.org forum
Internet references
www.miopencarry.org
www.opencarry.org
www.bradycampaign.org
www.gunvictimsaction.org
www.gunfacts.info
http://www.examiner.com/gun-rights-in-atlanta/open-carry-deters-armed-robbery-kennesaw
http://www.usacarry.com/forums/open-carry-discussion/7230-open-carry-argument.html
http://www.beaufortobserver.net/hc.e.257862.lasso
Why Open Carry?
Written by malignity from
•
www.opencarry.org
• MCL’s (Michigan Compiled Laws)
•
http://www.legislature.mi.gov/(S(cu3irteuqizrlbjo2nhqoejh))/mileg.aspx?page=Home
MSP Legal Update (Michigan State Police)
Our Right to Carry
MCL (Michigan Compiled Laws) References
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
http://www.legislature.mi.gov/(S(at...g.aspx?page=getObject&objectName=mcl-750-234d
FIREARMS (EXCERPT)
Act 372 of 1927
http://www.legislature.mi.gov/(S(zk...eg.aspx?page=getObject&objectName=mcl-28-425o
