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Places that I can OC but not CC?

K

kmcdowel

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....not only are they vague, they simplydo not prohibit OC by CPL holders in those areas. I guess you could suit for a wrongful arrest and your lawyer fees if you won the case. I also will not be testing it any time soon.

Stillllll waiting on a reply from MSP on this. I emailed on them on the 7th. The first email I sent them (12/29)asked simply where I was restricted form OC, and where I was restricted from CC. He (Sgt. Deasy) replied, "As a CPL holder, the pistol free zones are the same for you regardless of how you are carrying your pistol. Those areas can be found in the attached statute." The statute that he attached was 28.425o, which, as we know, explicitly prohibits concealed carry,and makes no mention of open carry.
 
Venator

Venator

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kmcdowel wrote:
BTW...how does one go about obtaining an AG opinion?
Click to expand...

In my experience AG opinions are asked by some public official, e.g., a legislator on behalf of a constituent or by law enforcement (chief, Sheriff), in regards to a question of law.There may be other ways I'm not aware of.

As an aside I did talked to my legislator's (Clinton Co.) officeabout an AG opinion on this subjectand was told that they are aware of theconfusion about this law and it's conflict with current law, he stated that they are not eager to open this can of worms, and are trying to get restrictions removed on CC which has a more influential base. He alsosaid that they have other things to do at the moment and this was a low priority.
 
K

kmcdowel

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He alsosaid that they have other things to do at the moment and this was a low priority.
Click to expand...


Perhaps us CPL holding Michiganians should get together and have an OC tour of Banks, Daycares, College's, Casino's....

I bet this would make it a priority:lol:


And, when we all get arrested we can divide up the lawyer bill.
 
Venator

Venator

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kmcdowel wrote:
He alsosaid that they have other things to do at the moment and this was a low priority.
Click to expand...


Perhaps us CPL holding Michiganians should get together and have an OC tour of Banks, Daycares, College's, Casino's....

I bet this would make it a priority:lol:


And, when we all get arrested we can divide up the lawyer bill.
Click to expand...
See my post on why CPL holders don't like open carry. The fear is that a more restrictive law could be passed outlawing open and or concealed carry and they don't want that to take that chance.
 
Venator

Venator

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SpringerXDacp

SpringerXDacp

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SNIP
Click to expand...
I think he meant how can he get an new AG opinion on the open carry vs concealed carry conflicting law that we were discussing earlier in the post.
Click to expand...

Got it.

There was some discussion of this in the Michigan thread titled, "No OC stories from Michigan," but it seemed unsettled, and I feel this is an important issue that needs to be clarified. I am well aware of the "Pistol Free Zone's" listed on MSP's website, and on the back of my CPL license (but these seem to be directed towards CC). Some of the reading I have done online and throughout this forum implies that the CPL holders may opencarry pistol free zones, which doesn't make much sense.


My Bad :banghead:
 
K

kmcdowel

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Well, I just finished another e-mail. The 1st I sent using MSP's 'contact us' on their website. The 2nd, I replied directly to the Sgt's email, so maybe there was a hang-up. This time I sent using the 'contact us' link on their website. The following is what I wrote.

I have a question regarding the open carry of firearms by a CPL holder. It seems as if there are two relevant Michigan laws: MCL 28.425o and MCL 750.234d.

MCL 28.425o prohibits concealed carry in certain areas (i.e., Day Care, school, sports arena, bar, church, An entertainment facility with a seating capacity of 2,500, hospital and dorm.) Note, this just prohibits concealed carry, not open carry.

MCL 750.234d prohibits possession of firearms in certain areas (i.e., bank, church, court, theatre, sports arena, day care, hospital or bar). The statutes also states, “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.” This statute then, does not apply to me, as I am a CPL holder.

Neither of the previous statutes prohibits open carry by a CPL holder

in “Pistol Free Zone.” Based upon this (and the assumptions that there are no Michigan laws I am overlooking), it seems as if I open carry in the Pistol Free Zones I would not be breaking any laws. Is this correct?

I greatly appreciate you taking the time to clarify this with

me. Sincerely, -Kevin McDowell




  • BTW, is anyone a member of http://www.mcrgo.org/? If so, maybe you could utilize their 'ask a lawyer function.'
 
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louismacote

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Like all 21st century progressive politicians, the AG opinion is likely to be full of big words, and completely indesicive on one way or the other.
 
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Sheldon

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kmcdowel wrote:
Great! I'm sure we'll all be looking forward to the response you may expect:)
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Golly I would love to share you optimism about MCRGO but due to their past I would not exactly hold my breath. You would get further faster contacting your state rep and requesting a decision and let them forward it to Mike, if it comes from official channels he will respond.
 
D

Doug Huffman

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Sheldon wrote:
kmcdowel wrote:
Great! I'm sure we'll all be looking forward to the response you may expect:)
Click to expand...
Golly I would love to share you optimism about MCRGO but due to their past I would not exactly hold my breath. You would get further faster contacting your state rep and requesting a decision and let them forward it to Mike, if it comes from official channels he will respond.
Click to expand...
You have been called out. Your honor is at stake.

http://opencarry.mywowbb.com/view_topic.php?id=7424&forum_id=30&jump_to=122105#p122105
 
K

kmcdowel

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You have been called out. Your honor is at stake.
Click to expand...

Hahaha, good luck finding your news stories Sheldon. Even if you can't find them, I'll still think you're a good guy....at least you seem like it (although providing misinformation is greatly frowned upon here, and rightly so).

I wasn't familiar with MCRGO's record, I think I'll take your advice and send an email to Steve Lindberg (pretty sure he is the go to guy).


UPDATE: I just emailed Senator Levin, asking him to bring the matter to the attention of Mike Cox. I'll keep you all updated...
 
L

Leader

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kmcdowel wrote:
You have been called out. Your honor is at stake.
Click to expand...
Hahaha, good luck finding your news stories Sheldon. Even if you can't find them, I'll still think you're a good guy....at least you seem like it (although providing misinformation is greatly frowned upon here, and rightly so).

I wasn't familiar with MCRGO's record, I think I'll take your advice and send an email to Steve Lindberg (pretty sure he is the go to guy).
Click to expand...
Sorry Keven.. I was wrong about just asking MCRGO's lawyer. I was thinking of the lawyers at http://www.migunowners.org . You may like to check them out.
 
L

Leader

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kmcdowel wrote:
Sorry Keven.. I was wrong about just asking MCRGO's lawyer. I was thinking of the lawyers at http://www.migunowners.org . You may like to check them out.
Click to expand...
No problem (it's Kevin:)). Would you recommend sending a message at the bottom of THIS page, or contacting one of the admins directly (if so, who)?
Click to expand...

I would register & ask your question here...

http://www.migunowners.org/forum/forumdisplay.php?f=180

Several lawyers answer as well as some police officers. Also some of us know it alls . We have the best answers...:)
 
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