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Movie theater an "entertainment facility that seats 2500?"

manicdevery

Regular Member
Joined
Oct 4, 2009
Messages
361
Location
Clio, Michigan, USA
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
 

WARCHILD

Regular Member
Joined
Feb 18, 2008
Messages
1,768
Location
Corunna, Michigan, USA
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.
 

DanM

Regular Member
Joined
Jul 11, 2008
Messages
1,928
Location
West Bloomfield, Michigan, USA
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/datafiles/2000s/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."
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
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.
 
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