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Thread: A Firearm/Bar Legal Question

  1. #1
    Regular Member DeSchaine's Avatar
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    A Firearm/Bar Legal Question

    So, while answering BB62's thread about zoos, I ran across something interesting. As many carriers from MI know, MCL 750.234d states:

    (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.
    On a whim, I decided to look at 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Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws, and found that it was REPEALED!

    SO! Without debating the merits of alcohol and guns (we already know they don't mix!!) and focusing on the legal aspect, is 750.234d (1)(h) still an enforceable item?
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    What does enforceable mean?

    A cop can detain/arrest on suspicion and for investigation and might recommend charges. The state's attorney presents the charges for indictment. Meanwhile the perp is still in jail.
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  3. #3
    Regular Member DeSchaine's Avatar
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    Technically all of the above. If that section of the law is actually null and void, then any arrest action stemming from it would be unlawful, and grounds for a lawsuit.
    Guard with jealous attention the public liberty.
    Suspect everyone who approaches that jewel.
    Unfortunately, nothing will preserve it but downright force.
    Whenever you give up that force, you are inevitably ruined.
    -Patrick Henry, Virginia Ratification Convention, June 5, 1788

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    Regular Member Michigander's Avatar
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    As I recall, it is addressed in another law so that it still essentially applies. I'll try and dig it up in a day or two if nobody beats me to it.
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    Regular Member DeSchaine's Avatar
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    You would be correct sir. I found the statute.

    http://www.legislature.mi.gov/(S(2yu...me=mcl-28-425o

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    Guard with jealous attention the public liberty.
    Suspect everyone who approaches that jewel.
    Unfortunately, nothing will preserve it but downright force.
    Whenever you give up that force, you are inevitably ruined.
    -Patrick Henry, Virginia Ratification Convention, June 5, 1788

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    Quote Originally Posted by DeSchaine View Post
    So, while answering BB62's thread about zoos, I ran across something interesting. As many carriers from MI know, MCL 750.234d states:



    On a whim, I decided to look at 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, and found that it was REPEALED!

    SO! Without debating the merits of alcohol and guns (we already know they don't mix!!) and focusing on the legal aspect, is 750.234d (1)(h) still an enforceable item?
    So under sec. 234(d) a gun owner is now supposed to know who has a valid liquor license? I would not assume that one serving liquor has a valid license...I cannot make that determination as I am not the agency that regulates such things and only that agency can make such a finding.

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