Beer Tent

I was wondering if a beer tent is considered a PFZ.

depends on if you have a CPL or not and if there is a liquor license

Its a PFZ regardless if you have a CPL. I don't think you can sell alcohol in the state without a license, so yes, it's a PFZ.

don't be ridiculous. it's not PFZ for those with a CPL who openly carry
P, as in pistol F, as in free
if i can carry a pistol into that zone it's not pistol free

stainless1911 said:

Its a PFZ regardless if you have a CPL. I don't think you can sell alcohol in the state without a license, so yes, it's a PFZ.

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What are you rambling about? It is only a PFZ if you don't have a CPL. :banghead:

ha, no kidding!
:monkey:dude:

autosurgeon said:

What are you rambling about? It is only a PFZ if you don't have a CPL. :banghead:

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So, cc no, OC yes?

Was wondering because 28.425o (d) only states bar or tavern, not tent placed by city on city property.


EDIT: I didn't post this on MGO on the cc forum because 50% of them are aholes and will just tell you there opinion and not the law. So thanks OC friends

that's an interesting point... is a tent covered?

smellslikemichigan said:

that's an interesting point... is a tent covered?

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1. OC/CPL No problem.

2. CC/CPL

"Bar" means a barrier or counter at which alcoholic liquor is sold to, served to, or consumed by
customers. page 24 of this http://www.michigan.gov/documents/dleg/MLCC_Code_and_Rules_343265_7.pdf

"Tavern", is an establishment licensed to sell beer and wine ONLY.
page 4 of this manual: http://www.michigan.gov/documents/CIS_LCC_policemanual_80316_7.pdf

Ostensibly, this event would get a Temporary Authorization to sell beer. http://www.michigan.gov/documents/dleg/LC146._1.2009_264177_7.pdf


IMHO, since this event is not "licensed" per se, rather it is "authorized", it really can't be considered under either of the two entities listed above. Therefore, I have a real difficult time applying the 28.425o prohibition if they wanted to charge you with a cc violation at a beer tent... as that only pertains to Bars and Taverns see:

MCL 28.425o

(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.

I, however, am not an attorney and this is MY interpretation only. If you need a lawyer, please contact your state bar association.

3.OC/ without a CPL

The law states that a person, who does not fall into any of the listed exemptions, may not possess a firearm on the premises of an establishment licensed under the liquor control act. Whether a tent is "licensed" is, IMHO, arguable... the state seems to differentiate between a "license" and an "authorization". Also, I've looked up the word "establishment" in a number of dictionaries and in most (but not all) instances", an "establishment" denotes a place of business with some sense of permanence... something a beer tent really doesn't seem to have. But, since I am not an attorney, please take this as my thoughts only and definitely not legal advice.

MCL 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:


(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.

Beer & Guns = bad idea...just saying. Remember blood alcohol level in MI to be legal to drive is .08 but to carry under a CPL is far lower .02 if memory serves me correctly ( I don't drink ) so I could be off a bit.

Glock9mmOldStyle said:

Beer & Guns = bad idea...just saying. Remember blood alcohol level in MI to be legal to drive is .08 but to carry under a CPL is far lower .02 if memory serves me correctly ( I don't drink ) so I could be off a bit.

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I would not be drinking, but i do like florida's drinking and carrying law.

autosurgeon said:

What are you rambling about? It is only a PFZ if you don't have a CPL. :banghead:

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smellslikemichigan said:

don't be ridiculous. it's not PFZ for those with a CPL who openly carry
P, as in pistol F, as in free
if i can carry a pistol into that zone it's not pistol free

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You're both wrong. It is a PFZ, technically, a firearm free zone, the CPL simply provides an exemption to the law.

ok, so what you are saying is that the zone is pistol free. even when there are pistols in it.

Law is a funny thing is it not?

This is like a clean shoot. Killing someone is murder in the eyes of the law, but the SDA gives an affirmative defense for it.

stainless1911 said:

Law is a funny thing is it not?

This is like a clean shoot. Killing someone is murder in the eyes of the law, but the SDA gives an affirmative defense for it.

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Wrong, Murder is the illegal killing of a human. The killing of a human is a homicide. All murders are homicides, but not all homicides are murder.

Ok, you're right.