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Thread: Laws on carrying in local Metroparks & State Parks?

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    Hi all,
    I regularly visit Kensington Metropark in Livingston County as well as Spring Mill State Park right next to it. I run, bicycle and surf (stand up paddleboard) in these two parks all the time. What are the laws about carrying in the either a metropark or a state park? I am a CPL holder...so Im looking for the legalities of both carrying concealed and open. My CPL instructor briefly covered it...but he also said that allowing the weapon to be seen in any way as well as allowing the imprint of the weapon to be seen through clothing were both considered brandishing...and could lose me my license, so Im not 100% positive how accurate his intel is. Any further, more solid info would be greatly appreciated.

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    ironmonk wrote:
    Hi all,
    I regularly visit Kensington Metropark in Livingston County as well as Spring Mill State Park right next to it. I run, bicycle and surf (stand up paddleboard) in these two parks all the time. What are the laws about carrying in the either a metropark or a state park? I am a CPL holder...so Im looking for the legalities of both carrying concealed and open. My CPL instructor briefly covered it...but he also said that allowing the weapon to be seen in any way as well as allowing the imprint of the weapon to be seen through clothing were both considered brandishing...and could lose me my license, so Im not 100% positive how accurate his intel is. Any further, more solid info would be greatly appreciated.
    Per MCRGO:

    Q:
    Some time back I believe that the MI attorney general issued an opinion restricting CPL holders to carrying their weapons UNLOADED while in state parks. With all the changes in carry laws and in light of the pending National Park proposal, I would like to know if this still holds true? Can you clarify how the law applies regarding all parks?

    A:
    Firearms are allowed in National Forests but prohibited in National Parks. Federal law requires hunters on federal land to comply with the hunting laws of the state in which the federal land sits. The law of the State of Michigan allows hunters with CPLs to carry a concealed pistol while hunting. Therefore, Federal law allows hunters on Federal land in Michigan who have a CPL to carry a concealed pistol while hunting. The Department of Natural Resources regulations require a person to have a valid Michigan hunting license if carrying a firearm in an area inhabited by wildlife. DNR also prohibits loaded guns in State Parks. Both of these laws were modified by 2004 PA 129 and 130 to exempt CPL holders as long as you are not attempting to take game. See MCL §324.43510 and MCL 324.504. You can now carry in a State Park the same as you carry other public places.
    http://www.mcrgo.org/mcrgo/d_ccwfaq.asp

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    Excellent..thank you. Not sure why I didnt dig that up on mcrgo. Now I guess I just need to understand the difference between state and metro parks. Do laws applying to state parks also apply to metro? Does the "local authorities cannot supersede state laws" thing come into effect? Are metro just owned by counties instead of states?

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    ironmonk wrote:
    Excellent..thank you. Not sure why I didnt dig that up on mcrgo. Now I guess I just need to understand the difference between state and metro parks. Do laws applying to state parks also apply to metro? Does the "local authorities cannot supersede state laws" thing come into effect? Are metro just owned by counties instead of states?

    I don't kow your location, but, here is a search example for metro parks in Michigan:

    http://www.metroparks.com/parks/pk_kensington.php

    Some may indicate what is prohibited.

    Does the "local authorities cannot supersede state laws" thing come into effect?


    Review this Thread with emphasis on preemption.

    Alocal unit of government can not make/enforce their laws (ordinances) that are more stringent than the state.


    Local Units of Government = Counties, Cities, Villages.


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    ironmonk wrote:
    Excellent..thank you. Not sure why I didnt dig that up on mcrgo. Now I guess I just need to understand the difference between state and metro parks. Do laws applying to state parks also apply to metro? Does the "local authorities cannot supersede state laws" thing come into effect? Are metro just owned by counties instead of states?
    Also, this is an example of what you may see at a Metro Park. I borrowed this from the Washington Forum.

    http://opencarry.mywowbb.com/forum55/9962.html

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    SpringerXDacp wrote:
    ironmonk wrote:
    Excellent..thank you. Not sure why I didnt dig that up on mcrgo. Now I guess I just need to understand the difference between state and metro parks. Do laws applying to state parks also apply to metro? Does the "local authorities cannot supersede state laws" thing come into effect? Are metro just owned by counties instead of states?
    Also, this is an example of what you may see at a Metro Park. I borrowed this from the Washington Forum.

    http://opencarry.mywowbb.com/forum55/9962.html

    Laws at metro parks are local ordinances and are preempted by state law. Local ordinances on firearms are not enforceable in Michigan. So you would be able to have a handgunin local parks either open (with or without a CPL) or concealed (with a CPL). An AG opinion has stated that a gun in a holster is not brandishing.

    BRANDISHING Opinion No. 7101 February 6, 2002: [/b]…In the absence of any reported Michigan appellate court decisions defining "brandishing," it is appropriate to rely upon dictionary definitions…..the term brandishing is defined as: "1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. A menacing or defiant wave or flourish." This definition comports with the meaning ascribed to this term by courts of other jurisdictions…the court recognized that in federal sentencing guidelines, "brandishing" a weapon is defined to mean "that the weapon was pointed or waved about, or displayed in a threatening manner." Applying these definitions to your question, it is clear that a reserve police officer, regardless whether he or she qualifies as a "peace officer," when carrying a handgun in a holster in plain view, is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm in violation of section 234e of the Michigan Penal Code. It is my opinion, therefore, that…by carrying a handgun in a holster that is in plain view, does not violate section 234e of the [/b]Michigan[/b] Penal Code, which prohibits brandishing a firearm in public.[/b]



    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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