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Thread: CPL

  1. #1
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    I'm new to this forum, just found it today. How do I go about getting this? I take my CPL class in a week. I would like to be exempt from Pistol Free zones also.

    "Exempt from Pistol Free zones MCL28.425o(4)" checked


    Do you need to be a L.E.O?


    Thanks,

    Chris








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    Per MSP

    1. What are the requirements to receive a concealed pistol permit?
    MCL 28.425bPlease select the below website for an outlined description. Please see:
    Requirements to Obtain a Permit

    2. How do I renew my concealed pistol permit?

    MCL 28.425l Please see: Permit Renewal for an outlined description for renewal procedures.

    3. How long is the Concealed Pistol License course that I took valid?MCL 28.425jspecifies what conditions must be met in the course required to get a Concealed Pistol License. One of those requirements is that the program provides a certificate of completion stating the program complies with the requirements of this section.There is not an expiration date on the training. However, your local county gun board will review the training certificate to see if is acceptable.


    4. I received my original Concealed Pistol License after July 1, 2001 and have since moved to another county. Do I need to reapply in the new county? No. The Concealed Pistol License is a state license and a change of county residency does not change the status. However, when your license expires, the renewal of that licenseshould occur inyournew county of residence.


    5. How old do I have to be in order to apply for a concealed pistol permit?

    MCL 28.421 Twenty-one (21) years of age.

    Edit To Add:

    Also, Per MCRGO





    Q:
    My CPL has the box labeled "Exempt from Pistol Free zones MCL28.425o(4)" checked. How does this affect my carrying my firearm in an establishment which has a "No Firearms Allowed" posting?

    A:
    Even those who are exempt from the Pistol Free Zones established in the statute must still honor the wishes of any party in control of real estate regarding the possession of weapons on the premises. If you disregard a sign or a verbal or written notice that guns are not allowed in a particular location, your legal status is that of trespasser. One of the results is that you are no longer covered by the "Stand Your Ground" law that went into effect late last year. The Stand Your Ground rule allows individuals to use proportional force in self defense without having to retreat, so long as they are in a place where they have a legal right to be. Even a CPL holder who is exempt from the Pistol Free Zones loses this legal protection while carrying in violation of a posted notice that guns are not allowed on the premises.

    A quick review of proportionality: Any use of a firearm will probably be considered an application of deadly force. Deadly force is only appropriate in self defense when it is proportional to the threat. So, a firearm may only be used to prevent death, great bodily harm that could lead to death, or rape. Deadly force in defense of others is allowed so long as the person being defended would have been justified in using deadly force to protect him or herself. Think of yourself as "stepping into the shoes" of the person you are defending. Ask yourself the question, "If I were that person, would I be justified in shooting?" If the answer is yes, your discharge of your firearm will be considered an action taken in the legally protected defense of another.

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    I know the steps to getting the license, but how do I get a check box on my CPL so that I am exempt from the Pistol Free Zones??

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    El-DeeDer wrote:
    I know the steps to getting the license, but how do I get a check box on my CPL so that I am exempt from the Pistol Free Zones??

    28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation.

    Sec. 5o.

    (1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(f), shall not carry a concealed pistol on the premises of any of the following:


    Sorry El, been searching for am AG Opinion. See AG Opinion 7098 & 7113 for futher details. And welocome to OCDO.

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    El-DeeDer wrote:
    I know the steps to getting the license, but how do I get a check box on my CPL so that I am exempt from the Pistol Free Zones??
    Ok, You've made 2 posts now.

    NOW start reading, there's a lot to read so I don't expect to see another post from you for awhile.

    *Read more, post less!*

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    Regular Member dougwg's Avatar
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    IANAL

    When you go down town for the permit, you will need to demand it.

    If they won't do it, just draw the check box on it and check it yourself.

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    :shock:

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    Ok, thats what i"ll do then DougWg, i'll tell em you told me to do it.



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    I guess my question should of been, can anyone become exempt from pistol free zones, if so how? or only L.E.O.?

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    El-DeeDer wrote:
    I guess my question should of been, can anyone become exempt from pistol free zones, if so how? or only L.E.O.?


    El, the two AG Opinions I listed (7098 & 7113) pretty-much answers your question.

    Also, see/read the info provided by OCDO on the Home Page (click on Michigan).


    Edit To Add:

    El, there are a few lawyers who frequent here from time to time, however, most members here at OCDO are not, especially myself. You need to do a bit of research on your own and make determinations to the beat of your ability.

    We all try to help one another in regards to lawful carry, CC or OC, but there's only so much one can do.


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    I appreciate all the info SpringerXDacp, I will read and interpt things as best as I can, though I'm no lawyer, just want to protect myself.



    Thanks again for all the help SpringerXDacp



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    El-DeeDer wrote:
    I appreciate all the info SpringerXDacp, I will read and interpt things as best as I can, though I'm no lawyer, just want to protect myself.



    Thanks again for all the help SpringerXDacp

    I lurked here for abouta year then finally joined about two years go. Most of us have/are in the same boat and we do the best we can to not only know, but how to interpret firearm laws pertaining to not only CC, but OC specifically.

    I find myself learning something new, nearly on a daily basis here so stick around...it will get better.

    By the Way, what area of Michigan are you from? County/township?

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    I have been wanting to take the CCW class for a while to get my CPL and finally registered for the class and am trying to learn as much as I can. Didn't really grow up around guns, but had someone try to break into my house about a month ago and thought, I need to protect myself. Frist I went and bought a safe and bolted it to the floor. Next I purchased a glock 23. When someone tried to break in, that was the straw that broke the camels back. I am located in Oxford, Oakland county.

    El

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    El-DeeDer wrote:
    I have been wanting to take the CCW class for a while to get my CPL and finally registered for the class and am trying to learn as much as I can. Didn't really grow up around guns, but had someone try to break into my house about a month ago and thought, I need to protect myself. Frist I went and bought a safe and bolted it to the floor. Next I purchased a glock 23. When someone tried to break in, that was the straw that broke the camels back. I am located in Oxford, Oakland county.

    El

    El, as far as, '...learning as much as you can....', review the three pages of threads here on the Michigan forum and also, the info/links provided in this thread.

    Just a Heads-up:

    Depending on where you will be taking your class, the instructor will most likely inform the class that; 1) if you have a CPL your gun must always remain concealed, and 2) OC in MIchigan is illegal, etc. Both are false. Remember, you are hereon aOC forum and as I mentioned before, we focus on not onlylaws pertaining to CC, but OC specifically. Review the Threads/posts and many of your questions/concerns will most likely be answered. Good luck with the CPL class.


    Edited To Add

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    El-DeeDer wrote:
    I'm new to this forum, just found it today. How do I go about getting this? I take my CPL class in a week. I would like to be exempt from Pistol Free zones also.

    "Exempt from Pistol Free zones MCL28.425o(4)" checked


    Do you need to be a L.E.O?


    Thanks,

    Chris







    search the laws that exempt a person from concealed carry in pistol free zones. You can openly carry a pistol in the zones mentioned in MCL 750 234d.as follows.

    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]



    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.


    “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”]

    “Dear Mr. XXX:

    …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.

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    El-DeeDer wrote:
    I'm new to this forum, just found it today. How do I go about getting this? I take my CPL class in a week. I would like to be exempt from Pistol Free zones also.

    "Exempt from Pistol Free zones MCL28.425o(4)" checked


    Do you need to be a L.E.O?


    Thanks,

    Chris
    Chris... The answers you already got will allow you to find the answer to your question but they sure didn't answer it to me clearly. You are looking for MCL28.425o section 4.
    (4) Subsection (1) does not apply to any of the following:

    (a) An individual licensed under this act who is a retired police officer or retired law enforcement officer. The concealed weapon licensing board may require a letter from the law enforcement agency stating that the retired police officer or law enforcement officer retired in good standing.

    (b) An individual who is licensed under this act and who is employed or contracted by an entity described under subsection (1) to provide security services and is required by his or her employer or the terms of a contract to carry a concealed firearm on the premises of the employing or contracting entity.

    (c) An individual who is licensed as a private investigator or private detective under the private detective license act, 1965 PA 285, MCL 338.821 to 338.851.

    (d) Any of the following who is licensed under this act while on duty and in the course of his or her employment:

    (i) A corrections officer of a county sheriff's department.

    (ii) A motor carrier officer or capitol security officer of the department of state police.

    (iii) A member of a sheriff's posse.

    (iv) An auxiliary officer or reserve officer of a police or sheriff's department.

    (v) A parole or probation officer of the department of corrections.
    So yes .. pretty much you have to be a cop or a retired cop to get it.






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