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A Firearm/Bar Legal Question

DeSchaine

DeSchaine

Regular Member
Joined
Nov 5, 2013
Messages
537
Location
Kalamazoo, MI
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.
Click to expand...

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Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws, and found that it was REPEALED!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?
 
DeSchaine

DeSchaine

Regular Member
Joined
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Messages
537
Location
Kalamazoo, MI
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.
 
Michigander

Michigander

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Mulligan's Valley
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.
 
davidmcbeth

davidmcbeth

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Jan 14, 2012
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earth's crust
DeSchaine said:
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Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws, and found that it was REPEALED!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?
Click to expand...

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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