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Private Trump State Question

R

Rocket0086

New member
Joined
Feb 20, 2013
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1
Location
Michigan
In Michigan, Being a Avid open carrier since it allows me to carry in PFZ legally so long i have my CPL on me.

Therefore im legally allowed to carry in Hospitals,Stadiums,Schools,Colleges,Bars and so on. But still no federal buildings at all.

My question is, If im at a place and are told to leave, Does it have to be the owner of the property/building or can some working employee tell me..

I figured and employee has no authority of what goes on there but someone Higher up Manager,supervisor or owner.

I also know that buildings that are State Ran/Funded I legally dont have to leave when asked since they must follow state law. I believe most HS and most colleges are State funded which would mean they must follow state law. Correct me if im wrong on the last part.
 
Grapeshot

Grapeshot

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Valhalla
Moved your query to the Michigan sub-forum as much of this has to do with state specific information.
 
Evil Creamsicle

Evil Creamsicle

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Joined
Sep 11, 2009
Messages
1,264
Location
Police State, USA
Rocket0086 said:
In Michigan, Being a Avid open carrier since it allows me to carry in PFZ legally so long i have my CPL on me.

Therefore im legally allowed to carry in Hospitals,Stadiums,Schools,Colleges,Bars and so on. But still no federal buildings at all.

My question is, If im at a place and are told to leave, Does it have to be the owner of the property/building or can some working employee tell me..

I figured and employee has no authority of what goes on there but someone Higher up Manager,supervisor or owner.

I also know that buildings that are State Ran/Funded I legally dont have to leave when asked since they must follow state law. I believe most HS and most colleges are State funded which would mean they must follow state law. Correct me if im wrong on the last part.
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This comes down to trespass law, and really doesn't have much to do with firearm law at this point.

Your first question about schools: Technically, with a CPL it is legal to open carry there, however, you will be hassled, most likely. If you are asked to leave, and you don't, it is likely that you will be charged with trespassing. Whether its right or not, it has and does happen, so be aware of that if you choose to do it.

As far as your question about an establishment that is privately owned, the law only states 'an owner or agent of the property'... which is, possibly intentionally, vague. This could easily be interpreted to mean any employee from the president down to the janitor. So again, if asked to leave, it is probably best to comply.
 
DanM

DanM

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Jul 11, 2008
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West Bloomfield, Michigan, USA
Rocket0086 said:
In Michigan, Being a Avid open carrier since it allows me to carry in PFZ legally so long i [strike]have my CPL on me[/strike] am licensed to carry a concealed weapon.
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FIFY. Having your CPL on you is not required by law, when you are OC'ing anywhere including PFZs. The only requirement in the law regarding "having" your CPL with you is only where the law says you must present it if an officer asks for it, when you are CC'ing and do your mandatory CC disclosure.
 
Raggs

Raggs

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Jul 18, 2012
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Wild Wild West Michigan
This point has been argued a few times here, I do not know if there is any clear precedents that settle this, So I would suggest you be wary.

DanM said:
FIFY. Having your CPL on you is not required by law, when you are OC'ing anywhere including PFZs. The only requirement in the law regarding "having" your CPL with you is only where the law says you must present it if an officer asks for it, when you are CC'ing and do your mandatory CC disclosure.
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M

mikestilly

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Jul 6, 2009
Messages
1,869
Location
Macomb County, Michigan, USA
Raggs said:
This point has been argued a few times here, I do not know if there is any clear precedents that settle this, So I would suggest you be wary.
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Raggs: Unless there is a law stating one must carry a CPL when open carrying (in a PFZ or otherwise) then there are no prohibitions against not doing so and should be fine. There are no laws regarding carrying of a CPL while open carrying.


I'm not a lawyer and not giving legal advise nor is anyone posting on the thread. Just my opinion on the subject and everyone elses should be considered the same. :)
 
Raggs

Raggs

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Wild Wild West Michigan
well, I agree, however that does not mean the op would not get jammed up. If he has the money to fight it then more power to him, if not I suggest taking care in prodding the beast.

mikestilly said:
Raggs: Unless there is a law stating one must carry a CPL when open carrying (in a PFZ or otherwise) then there are no prohibitions against not doing so and should be fine. There are no laws regarding carrying of a CPL while open carrying.


I'm not a lawyer and not giving legal advise nor is anyone posting on the thread. Just my opinion on the subject and everyone elses should be considered the same. :)
Click to expand...
 
Ezerharden

Ezerharden

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Joined
Dec 22, 2011
Messages
723
Location
Erie, MI
mikestilly said:
Raggs: Unless there is a law stating one must carry a CPL when open carrying (in a PFZ or otherwise) then there are no prohibitions against not doing so and should be fine. There are no laws regarding carrying of a CPL while open carrying.


I'm not a lawyer and not giving legal advise nor is anyone posting on the thread. Just my opinion on the subject and everyone elses should be considered the same. :)
Click to expand...

There may be no law requiring you to carry a CPL while OC in a PFZ, you still must have a CPL issued to you to OC in that PFZ. Common sense would indicate then that if you are going to OC in a PFZ, you should have your CPL in your possession so if you are challenged you can prove you meet the exemption to possess a firearm in that area.
 
Raggs

Raggs

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Wild Wild West Michigan
EZ I agree, I am sure mikestilly keeps his CPL in his car all the time as that is the only place he would need it.

Ezerharden said:
There may be no law requiring you to carry a CPL while OC in a PFZ, you still must have a CPL issued to you to OC in that PFZ. Common sense would indicate then that if you are going to OC in a PFZ, you should have your CPL in your possession so if you are challenged you can prove you meet the exemption to possess a firearm in that area.
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