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Thread: I am neither for nor against SB59, but I still have a question.

  1. #1
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    I am neither for nor against SB59, but I still have a question.

    As a holder of a non-resident license to carry handgun (Indiana) that Michigan recognizes, how will SB59 impact, if any, my ability to OC and/or CC in Michigan?

  2. #2
    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by BGordon42 View Post
    As a holder of a non-resident license to carry handgun (Indiana) that Michigan recognizes, how will SB59 impact, if any, my ability to OC and/or CC in Michigan?
    Do you have a license from your state of residence? If not you still will not be able to carry concealed in Michigan.

    ETA: Sorry just read that you're from Indiana. I thought you were saying that you only had an Indiana non-resident permit.

    Well SB 59 mostly pertains to those with Michigan CPLs. It streamlines the CPL process, allows for those with extra training (Michigan CPL holders) to be able to carry concealed in places listed under 28.425o. and prohibits open carry in places listed under 28.425o.

    Sec. 5o. (1) Subject to subsection (5), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), 12A(1)(H), shall not carry a concealed pistol on the premises of any of the following:

    (10) AN INDIVIDUAL LICENSED UNDER THIS ACT TO CARRY A CONCEALED PISTOL, OR WHO IS EXEMPT FROM LICENSURE UNDER SECTION 12A(1)(H), SHALL NOT INTENTIONALLY DISPLAY OR OPENLY CARRY A PISTOL ON THE PREMISES LISTED IN SUBSECTION (1)(A) TO (H) UNLESS THE INDIVIDUAL OWNS THE PREMISES DESCRIBED IN SUBSECTION (1) OR IS EMPLOYED OR CONTRACTED BY THE OWNER OR OTHER PERSON WITH CONTROL OVER THE PREMISES DESCRIBED IN SUBSECTION (1), IF THE POSSESSION OF THE FIREARM IS TO PROVIDE SECURITY SERVICES FOR THE PREMISES OR IS OTHERWISE IN THE SCOPE OF THE INDIVIDUAL'S OFFICIAL DUTIES, OR THE INDIVIDUAL IS ACTING WITH THE EXPRESS WRITTEN CONSENT OF THE OWNER OF THE PREMISES OR AN AGENT OF THE OWNER OF THE PREMISES.
    Some of the question is, as I understand it, is whether those with out of state resident permits are included under 28.425o.'s language. Others with more experience about that will probably chime in.
    Last edited by xmanhockey7; 12-09-2012 at 06:17 PM.
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  3. #3
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    Quote Originally Posted by BGordon42 View Post
    As a holder of a non-resident license to carry handgun (Indiana) that Michigan recognizes, how will SB59 impact, if any, my ability to OC and/or CC in Michigan?
    Sec. 5o. (1) Subject to subsection (5), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), 12A(1)(H), shall not carry a concealed pistol on the premises of any of the following:

    (10) AN INDIVIDUAL LICENSED UNDER THIS ACT TO CARRY A CONCEALED PISTOL, OR WHO IS EXEMPT FROM LICENSURE UNDER SECTION 12A(1)(H), SHALL NOT INTENTIONALLY DISPLAY OR OPENLY CARRY A PISTOL ON THE PREMISES LISTED IN SUBSECTION (1)(A) TO (H) UNLESS THE INDIVIDUAL OWNS THE PREMISES DESCRIBED IN SUBSECTION (1) OR IS EMPLOYED OR CONTRACTED BY THE OWNER OR OTHER PERSON WITH CONTROL OVER THE PREMISES DESCRIBED IN SUBSECTION (1), IF THE POSSESSION OF THE FIREARM IS TO PROVIDE SECURITY SERVICES FOR THE PREMISES OR IS OTHERWISE IN THE SCOPE OF THE INDIVIDUAL'S OFFICIAL DUTIES, OR THE INDIVIDUAL IS ACTING WITH THE EXPRESS WRITTEN CONSENT OF THE OWNER OF THE PREMISES OR AN AGENT OF THE OWNER OF THE PREMISES.
    By the plain reading (SB59 if passed) Sec 5o, Subsection (10) above, it appears your license (LTCH?) from Indiana which is recognized here in Michigan would allow you to OC in the PFZ's (28.425o), but you're prohibited from all carry at schools and the GFSZ's. Regardless, I wouldn't attempt it, but that's just me. While 750.237a (schools), exempts those from this state or another state to carry a concealed weapon (pistol in this case), the GFSZ and 28.425o, as proposed, would prohibit you from any form of carry. As proposed, you must be licensed under the act (Michigan CPL) and have the exemption to CC in the PFZ's - OC prohibited.

    If SB59 dies, it's business as usual and your LTCH will allow you to OC with some restrictions. i.e. Federal property, courts/courthouses, casino's, schools and GFSZ's, sterile areas of jails & airports. Of course, if you choose to OC in the PFZ's, that's entirely up to you. YMMV and IANAL.

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    Regular Member WilDChilD's Avatar
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    Quote Originally Posted by SpringerXDacp View Post
    By the plain reading (SB59 if passed) Sec 5o, Subsection (10) above, it appears your license (LTCH?) from Indiana which is recognized here in Michigan would allow you to OC in the PFZ's (28.425o), but you're prohibited from all carry at schools and the GFSZ's. Regardless, I wouldn't attempt it, but that's just me. While 750.237a (schools), exempts those from this state or another state to carry a concealed weapon (pistol in this case), the GFSZ and 28.425o, as proposed, would prohibit you from any form of carry. As proposed, you must be licensed under the act (Michigan CPL) and have the exemption to CC in the PFZ's - OC prohibited.

    If SB59 dies, it's business as usual and your LTCH will allow you to OC with some restrictions. i.e. Federal property, courts/courthouses, casino's, schools and GFSZ's, sterile areas of jails & airports. Of course, if you choose to OC in the PFZ's, that's entirely up to you. YMMV and IANAL.
    May very a lot if you do it around lansing, and are lucky enough to get Rosie for a judge.
    Last edited by WilDChilD; 12-10-2012 at 05:53 PM.

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