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Thread: open carry michigan in a bar ?

  1. #1
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    open carry michigan in a bar ?

    I am from Michigan and have a CPL permit. I went to an open carry class just last week at Cabalas and I am still a little confused. Can you with a CPL permit open carry in a bar where the bars highest sales is alcohol ? I read section 86 of the Michigan state police and the laws and just get more confused.

    I just want to make sure before I open carry in Monelli,s in in town (Wyoming, Michigan).

    thanks
    Al
    grand rapids, MI

  2. #2
    Regular Member linux203's Avatar
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    Lets assume that a "bar" is both licensed under the Liquor Control Act and the primary source of income is the sale of alcoholic liquor by the glass and consumed on the premises.

    http://legislature.mi.gov/doc.aspx?mcl-750-234d

    (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.

    (2) This section does not apply to any of the following:

    ...

    (c) A person licensed by this state or another state to carry a concealed weapon.

    ...
    The only way to legally possess a firearm in a bar is to have a CPL.

    http://legislature.mi.gov/doc.aspx?mcl-28-425o

    (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), shall not carry a concealed pistol on the premises of any of the following:

    ....

    (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. This subdivision does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but is not required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

    ...
    You cannot carry a concealed pistol in a bar


    Combine the two MCLs....

    With a CPL, you can carry in a bar, provided it is not concealed. Therefore, open carry in a bar is legal.

    Having said that... MCLs governing consumption of alcohol and possession of a firearm still apply.

  3. #3
    Activist Member golddigger14s's Avatar
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    Welcome to the board guys, you've come to the right place to learn about OCing. My best suggestion is to re-post this question in the MI thread. I'm in WA, so I know that you can't carry at all in a bar in WA. So when ever somebody has a question that pertains to a particular state it is best they post in their state thread. The threads in the Open Carry Brigade are best for questions/comments that are not state specific. The amount of info in this forum is amazing, and sometimes the search function can answer your question through someone who already posed the same question.

    Welcome again, and carry on!
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  4. #4
    Regular Member TheQ's Avatar
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    A great deal of information on this topic is posted here: http://forums.michiganopencarry.org/...opic,25.0.html
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  5. #5
    Michigan Moderator DrTodd's Avatar
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    Re: open carry michigan in a bar ?

    Quote Originally Posted by linux203 View Post
    Lets assume that a "bar" is both licensed under the Liquor Control Act and the primary source of income is the sale of alcoholic liquor by the glass and consumed on the premises.



    The only way to legally possess a firearm in a bar is to have a CPL.



    You cannot carry a concealed pistol in a bar


    Combine the two MCLs....

    With a CPL, you can carry in a bar, provided it is not concealed. Therefore, open carry in a bar is legal.

    Having said that... MCLs governing consumption of alcohol and possession of a firearm still apply.
    With a CPL you can conceal carry in a "bar". The law only prohibits CC in a bar if the primary source of income is from the sale of alcohol by the glass consumed on the premises. Notice that the law says "primary", not "majority", nor does it state that the owner needs to post the information nor even give you any information regarding sales if you ask.
    Last edited by DrTodd; 05-31-2013 at 07:57 PM.
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    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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