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Thread: concealed & OC

  1. #1
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    I found this while messing around online and it might be because I'm so tired, but I"m confussed. Is this new law? From the way I understand it its saying that a person with a concealed pistol license can go into the gun free zones, or is that just in the open carry of a pistol check it out and let me know what you think.


    http://www.legislature.mi.gov/(S(on2q1p3xrxzjfvb1aekaro55))/documents/mcl/pdf/mcl-750-234d.pdf



    Also I was reading this part, and from what I understand from reading the posts on here. Local ordinance can't trump state law. But from the way I'm reading this its saying that you must follow local law.


    DID YOU KNOW?
    Note: The following material does not represent new
    law. Instead, it is intended to inform officers of
    infrequently used laws which might prove useful.
    It is not illegal under Michigan law to
    openly carry a pistol
    As odd as it may appear, it is legal in
    Michigan for a person to carry a pistol in
    public as long as it is carried with lawful
    intent and not concealed.
    Of course, there are limits. First, a person
    may not carry a pistol into any of the places
    listed in MCL 750.234d. Second, a person
    may not carry a pistol in a manner that
    violates the brandishing a firearm statute
    (MCL 750.234e). Finally, a pistol can’t be
    carried in public where it violates local
    ordinance.

    http://www.michigan.gov/documents/ms...7_198953_7.pdf

  2. #2
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    If I'm reading that correctly it just reaffirms our right to OC. And when you through in Michigans pre-emption law the local ordinances they speak of are unenforceable.

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    The top link doesn't work for me.

  4. #4
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    adam40cal wrote:
    I found this while messing around online and it might be because I'm so tired, but I"m confussed. Is this new law? From the way I understand it its saying that a person with a concealed pistol license can go into the gun free zones, or is that just in the open carry of a pistol check it out and let me know what you think.


    http://www.legislature.mi.gov/(S(on2q1p3xrxzjfvb1aekaro55))/documents/mcl/pdf/mcl-750-234d.pdf



    Also I was reading this part, and from what I understand from reading the posts on here. Local ordinance can't trump state law. But from the way I'm reading this its saying that you must follow local law.


    DID YOU KNOW?
    Note: The following material does not represent new
    law. Instead, it is intended to inform officers of
    infrequently used laws which might prove useful.
    It is not illegal under Michigan law to
    openly carry a pistol
    As odd as it may appear, it is legal in
    Michigan for a person to carry a pistol in
    public as long as it is carried with lawful
    intent and not concealed.
    Of course, there are limits. First, a person
    may not carry a pistol into any of the places
    listed in MCL 750.234d. Second, a person
    may not carry a pistol in a manner that
    violates the brandishing a firearm statute
    (MCL 750.234e). Finally, a pistol can’t be
    carried in public where it violates local
    ordinance.

    http://www.michigan.gov/documents/ms...7_198953_7.pdf



    This has all been covered before. It was also talked about at the meeting and in the handout I passed out. The MSP update was amended and corrects their statement in regards to local ordinances. Both newsletters are below. As far as I know there has not been any special privilege given by the state to any local government overriding the preemption law. Secondly, If you have a CPL you can carry openly in the restricted zones mentioned in 750.234d.

    (MSP Legal Update Newsletter: April 2007)
    Did You Know:

    It is not illegal under Michigan law to openly carry a pistol.
    As odd as it may appear, it is legal in Michigan
    for a person to carry a pistol in public as long as it is carried with lawful intent and not concealed.

    Of course, there are limits. First, a person may not carry a pistol into any of the places listed in
    MCL 750.234d. (See below) Second, a person may not carry a pistol in a manner that violates the brandishing a firearm statute (MCL 750.234e). Finally, a pistol can't be carried in public where it violates local ordinance. (Revised in the May 2007 newsletter)

    (cont'd in May 2007 newsletter)

    Open carry of a pistol...revisited
    In the April 2007 edition of the Update we noted that openly (non-concealed) carrying a pistol in
    Michigan is generally legal. Here we will note a couple of things to keep in mind during open carry situations.

    First, a person may not "open carry" a pistol in the passenger compartment of a vehicle. Once a person enters a passenger compartment with a pistol they are carrying it concealed in violation of
    MCL 750.227. In order to carry in a passenger compartment, a person must either be licensed to carry a concealed pistol or otherwise be exempted from Section 227 (e.g., a police officer).

    PREEMPTION LAW:

    Second, in the April edition we noted that a pistol cannot be carried in public where it violates local ordinance. This is true, but only where the ordinance is specifically authorized by state law.

    In MRCGO v. Ferndale, the Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession. Therefore, officers should check with their prosecutors before enforcing an ordinance that imposes a general ban on openly carrying a pistol.

    [/b]


    An AG opinion, the MSP and Senator Prusi stated that a person with a CPL can carry a firearm openly in the exempted areas listed in MCL 750.234d. For example, with permission from the owner you can openly carry a handgun in a bar, sports arena, etc.[/b]

    1)
    Opinion No. 7097 January 11, 2002… A person licensed by this state… to carry a concealed weapon….By its express terms, section 234d prohibits certain persons from carrying a firearm in the enumerated places but explicitly exempts from its prohibition “[a] person licensed by this state or another state to carry a concealed weapon.” Thus, any person licensed to carry a concealed pistol, including a private investigator, is exempt from the gun-free zone restrictions imposed by section 234d of the Penal Code and may therefore possess firearms while on the types of premises listed in that statute. ]

    2) Your analysis is correct.Non-CPL pistol free zones do not apply to CPL holders. The CPL pistol free zones only apply to CPL holders carrying a concealed pistol. Therefore, a CPL holder may openly carry a pistol in Michigan's pistol free zones.
    Sincerely, Sgt. Thomas Deasy, Michigan State Police Executive Resource Section, (517) 336-6441”

    3) …My office has contacted the Michigan State Police legislative liaison and has received some answers to share with you. According to the liaison, it is legal to openly carry a firearm in a "Pistol Free Zone" if you are a licensed CPL holder. I was advised that your information was correct that MCL 28.425o and MCL 750-234d permit this activity. I was informed that there was no other additional relevant laws regarding this matter…
    Michael A Prusi, State Senator 38th District"





    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  5. #5
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    The first link is not working.



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    aaron_law wrote:
    The first link is not working.

    http://www.legislature.mi.gov/(S(boa...e=mcl-750-234d


    THE MICHIGAN PENAL CODE (EXCERPT)
    Act 328 of 1931
    750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.

    Sec. 234d.

    (1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:

    (a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.

    (b) A church or other house of religious worship.

    (c) A court.

    (d) A theatre.

    (e) A sports arena.

    (f) A day care center.

    (g) A hospital.

    (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:

    (a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.

    (b) A peace officer.

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

    (d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.

    (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

    History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 1994, Act 158, Eff. Aug. 15, 1994




    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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