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Thread: Movie theater an "entertainment facility that seats 2500?"

  1. #1
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    Movie theater an "entertainment facility that seats 2500?"

    This may seem a little silly to ask but I got into a little debate with a co-worker(fellow cpl holder), who, when I said that I open carry in movie theaters just to be safe, he said he thought that was pertaining to an arena, sports complex etc. and that since each theater is separated it didn't count. I find no question a silly one but I just wish to seek the educated council of my OC forum members to give the best educated decision.

    -An entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more- so by my math, x10 theaters with lets say 200 to 400 seats per screen you would be looking at 2000 to 4000 a theater. I have not seen anything posted at any of the 3 theaters I frequent to their seating capacity and just recently have decided to do the math. Soooooo what do ya think

    thanks as always

    Devery

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    Last edited by stainless1911; 02-24-2012 at 07:05 PM.

  3. #3
    Regular Member WARCHILD's Avatar
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    This has came up before; couple of years ago.
    If it is a "multiplex" theater with two or more theaters in it; you have to count the total seating capacity of the building.

  4. #4
    Regular Member TheQ's Avatar
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    Quote Originally Posted by WARCHILD View Post
    This has came up before; couple of years ago.
    If it is a "multiplex" theater with two or more theaters in it; you have to count the total seating capacity of the building.
    What he said.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  5. #5
    Regular Member DanM's Avatar
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    Quote Originally Posted by manicdevery View Post
    he said he thought that was pertaining to an arena, sports complex etc. and that since each theater is separated it didn't count.
    Tell your friend if he thinks law is black and white, he's in for a real learning experience with gun laws.

    Per the below AG opinion, all it could take is for a persuasive prosecutor and a jury sympathetic to the prosecutor to find you guilty of CCW if you were concealing in "a structure or building" that merely "has signs above each public entrance stating that the facility has a seating capacity of 2,500" (whether or not the "structure or building" actually seats 2,500 or more).

    This is why some of us open carry. To remove all doubt.

    AG Opinion #7120
    http://www.ag.state.mi.us/opinion/da...0s/op10195.htm

    "The statutory term "entertainment facility" is not defined by the Legislature. . . .

    "The term 'entertainment' is defined as an act to divert, amuse or to cause someone's time to pass agreeably, such as a concert. Webster's Third New International Dictionary, Unabridged (1964).

    "The term "facility" is defined as something built or constructed to perform some particular function. . . .

    "A reading of all the words contained in section 5o(1)(f) of the Act supports the conclusion that the Legislature intended that the term "entertainment facility" constitute a structure or building that has a known seating capacity of 2,500 or more persons, or that has signs above each public entrance stating that the facility has a seating capacity of 2,500 or more persons. Since the Legislature has not required that an entertainment facility be totally self-enclosed, such a facility could consist of a bandshell, amphitheater, or similar structure, provided it has the required, known seating capacity noted above or has appropriate signage above each public entrance indicating a seating capacity of 2,500 or more."
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    “He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

  6. #6
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Also depends on the prosecutor. There is no case law on multiplex's. The Ingham county prosecutor says he thinks it's all the theaters and the Clinton County Prosecutor thinks it's each one. So no black and white as Dan mentioned.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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