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Official SB59 Debate thread

Do you support SB59 in its current (as of 12/1) form?


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xmanhockey7

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Wrong. You need a CPL to OC in the .425o AND .234d PFZ's

Wrong. A CPL is not necessary to OC in a place listed under 28.425o as long as it's not a school or a place listed under 750.234d. You must be licensed to carry a concealed pistol to have 28.425o. apply to you. The law also states you must be carrying a concealed pistol.

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:
 

scot623

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Wrong. A CPL is not necessary to OC in a place listed under 28.425o as long as it's not a school or a place listed under 750.234d. You must be licensed to carry a concealed pistol to have 28.425o. apply to you. The law also states you must be carrying a concealed pistol.

So the only places not on both lists are sections (f) and (h) of 28.425o. And even the the entertainment facility in (h) can't be a theatre or arena of any kind. So you can OC in college dorms and classrooms without a CPL.
 

xmanhockey7

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So the only places not on both lists are sections (f) and (h) of 28.425o. And even the the entertainment facility in (h) can't be a theatre or arena of any kind. So you can OC in college dorms and classrooms without a CPL.

There may not be many but I'm just saying. People say you need a CPL to carry in a place under 28.425o but its really not true. It's 759.234d and the weapons free school zone that does.
 

scot623

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There may not be many but I'm just saying. People say you need a CPL to carry in a place under 28.425o but its really not true. It's 759.234d and the weapons free school zone that does.

"There may not be many" is a giant understatemt. Under 425o (h), college dorms and classrooms..name ONE college in the state that would allow a firearm in those places. And I didn't want to rack my brain, but maybe you can describe an entertainment facility with seating under 2500 that isn't a theatre or an arena, and doesn't have a liquor license or is owned by a school, church or synagogue. Just think about that makes my head hurt. Lol
 

xmanhockey7

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"There may not be many" is a giant understatemt. Under 425o (h), college dorms and classrooms..name ONE college in the state that would allow a firearm in those places. And I didn't want to rack my brain, but maybe you can describe an entertainment facility with seating under 2500 that isn't a theatre or an arena, and doesn't have a liquor license or is owned by a school, church or synagogue. Just think about that makes my head hurt. Lol

Scott with the potential change with SB 59 and the fact many people believe without a CPL they can OC in places like Meijer because "their primary source of income is not the sale of liquor sold on premises" I think we do a disservice to say that 28.425o are places where one is required to have a CPL to carry because you are referencing an incorrect law.

Eta: Not trying to be a ***** about this just saying we should reference the correct laws.
 
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scot623

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Scott with the potential change with SB 59 and the fact many people believe without a CPL they can OC in places like Meijer because "their primary source of income is not the sale of liquor sold on premises" I think we do a disservice to say that 28.425o are places where one is required to have a CPL to carry because you are referencing an incorrect law.

Eta: Not trying to be a ***** about this just saying we should reference the correct laws.

I agree. I thinks it's a disservice to say you do not need a CPL to OC in the .425o places when the vast majority of those places are in fact covered by 234d also...and the 2 that aren't are minuscule. College dorms and classrooms?? Some super small subsection of entertainment facilities that seat under 2500 BUT AREN'T theater or arenas, so on. I think most people would say "you need a CPL to OC in a .425o PFZ."
 
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Haman J.T.

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Are you actually implying with a straight face there are over 300,000 people who OC in Michigan??? Plus, lets remember only people with a CPL can OC in a PFZ. So even if we lived in a bizzaro version of Michigan where the entire population OC'd, this bill still only affects the 340,000 who have chosen to get a CPL, not "all OCers" as you put it.
I'm talking about exercising the Rights of All Citizens compared to the "special few" exercising with government permission! Don't you understand "God Given Rights" compared to government control?There's a difference between what Our Founders Instituted in Our governing Documents(the basis of all our laws) and what We Allow(The People are Sovreign) Our servants control over! Never are We to allow them to take Our Right to Bear away for any reason! Or do you not know the difference between Rights and priviledges? This law makes OC illegal in one instance and CC a priviledge by government control! How bizzaro is that young man?
 

Haman J.T.

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No OCer or 2A advocate can deny the deterent effect of a lawfull,Openly Carried firearm,in a GFZ! Thats THE POINT that is missed when OC is outlawed alltogether in GFZ's! The prevention of massacres of the unarmed in GFZ's,besides being an Infringement on Our Right to Bear,IS and ALWAYS WILL BE OUR FOUNDERS and MY VISION and IDEAL!! CARRY ON!
 

scot623

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No OCer or 2A advocate can deny the deterent effect of a lawfull,Openly Carried firearm,in a GFZ!

You are absolutely correct. Unfortunately, 2A rights have not been a driving factor in any of the recent elections, national or state. So until we have a legislature full of OCers(yeah right), or legislators who truly believe the MAJORITY of voters will hold them accountable to pass pro-2A legislation they have no fear of doing just the opposite. The gun lobby is Michigan is not as strong as it needs to be to advance a true con-con bill. So until it is, we have zero choice but to make compromises. That is the facts.
 
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Raggs

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You are absolutely correct. Unfortunately, 2A rights have not been a driving factor in any of the recent elections, national or state. So until we have a legislature full of OCers(yeah right), or legislators who truly believe the MAJORITY of voters will hold them accountable to pass pro-2A legislation they have no fear of doing just the opposite. The gun lobby is Michigan is not as strong as it needs to be to advance a true con-con bill. So until it is, we have zero choice but to make compromises. That is the facts.

It is nice of the CPL folks to compromise the open carry folks though
 

Venator

Anti-Saldana Freedom Fighter
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No OCer or 2A advocate can deny the deterent effect of a lawfull,Openly Carried firearm,in a GFZ! Thats THE POINT that is missed when OC is outlawed alltogether in GFZ's! The prevention of massacres of the unarmed in GFZ's,besides being an Infringement on Our Right to Bear,IS and ALWAYS WILL BE OUR FOUNDERS and MY VISION and IDEAL!! CARRY ON!

You can still OC in those places with written permission. As I have said many times now. You needed permission in the private property places anyway, it was either explicit, that is they said you could, or it was implied, they didn't say you couldn't (They remained mute).

So while it makes it a bit more difficult to get that permission it is still an option to OC.
 
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griffin

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There is a choice. And there are choices to not go against your principals.

But who says my principles or those of the BoD of MOC demand an open carry "all-or-nothing" position? Even though it promotes open carry, MOC is first and foremost a gun rights organization, is it not? MOC uses OC to promote its objectives, but its objectives can also be met by this bill:

  • To protect our right to self-defense. Goal still met.
  • 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. Goal still met. There will be exponentially more firearms carried in PFZs with SB59 than without it. Doesn't this demonstrate to the public that they have nothing to fear from firearms in entertainment facilities, churches, or schools?
  • To exercise a natural right to self defense using the most efficient and common tool, a handgun. Goal still met.
  • 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. Since most OC currently happens outside of PFZs anyway, this goal can still be met.
I am not on the MOC BoD so I will only speak for myself. I OC exclusively, but I am for SB59 because it actually expands my carry abilities, and I will CC in the PFZs.
 

Venator

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How many schools you know of are going to give you written permission to open carry? How about hospitals? The written permission thing is Quite the joke. Most private property is not in a PFZ anyways. You didn't need permission to OC on private property even in a PFZ if you have a CPL. This definitely doesn't excuse the criminalization of OC in PFZs in the bill IMO.

As for MOC it's a terrible position to take on a group focused on open carry rights. See my link on the greater good. Let me know what you think.

Mike I specifically said private places, schools are public. Most schools wont let you OC in them now, same with Hospitals same with any place that is private. Mike you can still OC in any other place not on the 5o list but you STILL NEED PERMISSION, always did.

The point is you always had to have permission to OC in private places. Now you have to get permission in writing to OC with or without an OC. Not a big change.
 

griffin

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same with Hospitals same with any place that is private.

Many people have been asked to disarm or leave hospitals, theaters, and other places because they were seen open carrying. Some churches do not allow open carry, and I personally don't know anybody who OCs in church, and I have been going for 56 years. So outside of being able to OC while you vote in a public K-12 school, what do you lose Mike (and others)?
 

griffin

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Messages
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Okemos, MI
Can you please site the law in which it states in order to open carry with a CPL in a PFZ or not that we need to obtain anyone's permission?

You know what he means. They have to tacitly allow you to. If they do not allow you to, and you refuse to disarm or leave, you can be trespassed. So yes, you have to have their permission to OC in their private place.
 

DanM

Regular Member
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Jul 11, 2008
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Location
West Bloomfield, Michigan, USA
Our right to open carry in pistol fee zones is not a loophole or gray area. Even the anti-gun MSP agrees that it's legal. The mindset that led to this thinking comes from anti-gunners.

I would like to take up this point in agreement, and expound on it.

It seems that some are confusing libtard, anti-gun judges', RINO governors', and other officials' pronouncements of "absurdity" or other emotional disagreement about Michigan gun laws as indicative of an objective "gray area" in the law.

To be sure, some of these officials have power to mess up your life, but they do not have the power to muddy the plain language and interplay of the law.

There is no gray area with OC in PFZ's in Michigan. There are RINO governors and libtard, anti-gun officials, some of whom have had their libtard, anti-gun pronouncements smacked down by higher authority. Can you say "Judge Aquilina"? Can you say "Court of Appeals smacking down Judge Aquilina's anti-gun ruling"?

Do not confuse the ramblings of a libtard, anti-gun judge, RINO governor, or any other official as evidence of a "gray area" in Michigan gun laws.
 
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B

Bikenut

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Many people have been asked to disarm or leave hospitals, theaters, and other places because they were seen open carrying. Some churches do not allow open carry, and I personally don't know anybody who OCs in church, and I have been going for 56 years. So outside of being able to OC while you vote in a public K-12 school, what do you lose Mike (and others)?

For me the question isn't ... what do I have to lose... or ... what do I have to gain... but is...

What does the government have to gain? Because whatever the government gains is what I lose. And any privilege given by the government means the government gained more power and control over exercising the right to bear arms.

Now I have a question.... and it bypasses all the "What's in it for certain groups of gun owners (really more like folks from each group asking .. what's in it for me.)" mental gymnastics being used to justify supporting SB59.......

"If open carry is presently legal because there aren't any laws that make open carry itself illegal......... wouldn't a law that makes open carry illegal by specific language mentioning "openly carrying", even if only in PFZs, create the precedent of creating law that specifically makes the simple act of open carry itself illegal?"

The term "unintended consequences" comes to my mind.............
 
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