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Thread: MI case law on open carry for CPL in .234d places

  1. #1
    Anti-Saldana Freedom Fighter Venator's Avatar
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    On the MGO site

    http://www.migunowners.org/forum/showthread.php?t=25311&page=2

    Mr. Simmons Esq. mentions a case where someone with a CPL was convicted while openly carrying in a gun free zone. Because the person is a client he would not elaborate on the case. I have zero information other then his post below. I don't know when it was, where it was, what judge, if it was appealed. I post here only as a cautionary tale. Does the judge interpret the exemption to mean that you can carry concealed in these zone in contradiction to the new CPL laws? It would be very important to know what year this case was tried.

    His post from MGO:

    "I agree with you that the way the law reads, it should be legal. And I agree with the reasoning behind 7113. But I know of one case where a district judge rejected 7113 and convicted a CPL holder for open carry in a CEZ. The judge ruled that the 324d(2)(c) exception applied only to CPL holders carrying concealed.

    Bottom line: until an appellate court says what we think the law says, there's enough wiggle room that I say don't do it. What constitutes enough wiggle room? People getting convicted."


    __________________
    Jim Simmons

    Attorney at Law
    Shelby Township, MI
    NRA Pistol Instructor Class Graduate, RSO
    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.

  2. #2
    Regular Member
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    Venator wrote:
    On the MGO site

    http://www.migunowners.org/forum/showthread.php?t=25311&page=2

    Mr. Simmons Esq. mentions a case where someone with a CPL was convicted while openly carrying in a gun free zone. Because the person is a client he would not elaborate on the case. I have zero information other then his post below. I don't know when it was, where it was, what judge, if it was appealed. I post here only as a cautionary tale. Does the judge interpret the exemption to mean that you can carry concealed in these zone in contradiction to the new CPL laws? It would be very important to know what year this case was tried.

    His post from MGO:

    "I agree with you that the way the law reads, it should be legal. And I agree with the reasoning behind 7113. But I know of one case where a district judge rejected 7113 and convicted a CPL holder for open carry in a CEZ. The judge ruled that the 324d(2)(c) exception applied only to CPL holders carrying concealed.

    Bottom line: until an appellate court says what we think the law says, there's enough wiggle room that I say don't do it. What constitutes enough wiggle room? People getting convicted."


    __________________
    Jim Simmons

    Attorney at Law
    Shelby Township, MI
    NRA Pistol Instructor Class Graduate, RSO

    IMO, yes, but there's no way to know for sure until we have the date of his decision, at the very least.

    Odd, 234d clearly reads: possession of a firearm. It does not mention concealed or openly carried firearm.

    Only subsection (2) (c) Licensed by this state or another state to CC.

    I suspect this case was before preemption (In 1990, the Michigan legislature enacted MCL 123.1102)or possibly before 234d was amended and went into effect August 15, 1994.


  3. #3
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    I've spent a great deal of time researching for someone arrested and convicted of OC in Michigan and can not find one case. There are many cases for pending/convictions for brandishing and disturbing the peace (See MSP CCW Reports) over the last several years, but not for OC.



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