imported post
While it's a good idea to edit your post to include concurrent emails (talking about the other thread you posted this in), it would also be a good idea to repost the replys so as to provide an up to date time line. That way it allows the auto email notification to notofy others who are watching this thread, and it shows how some reply posts are either before or after the correspondence with the Chief.
Now, onto my comments:
Chief Neidermeier wrote:
I am a bit confused over your use of the AG opinion 7097. It basically states that CPL holders are not covered by 234d, however, open carry is.
Incorrect, it is not saying that. What it’s saying is that CPL holders are not exempt from 5o, by means of 234d. IOW, “they cannot carry a concealed pistol into those zones just because they have a CPL, because 5o prohibits such actions.
Chief Neidermeier wrote:
Likewise, CPL holders have their own list which is mostly inclusive of the same locations plus a few others in the law enacted in 2000.
Again he misinterprets. It is not CPL holders who “have their own list…“, but concealed carry that has it’s own list (it is not the person, but the act itself that is prohibited).
MCL 750.234d, subsection 2c allows CPL holders to carry into the restricted zones that it specifically outlines. MCL 28.425o list certain locations in which a CPL holder must not carry a pistol in a “concealed” manner. It makes no such restriction on OC, or CPL holders who OC.
Chief Neidermeier wrote:
Banks appear to be not listed for CPL…
Correct
Chief Neidermeier wrote:
… but restricted for open carry…
Not for, “A person licensed by this state or another state to carry a concealed weapon.”
…
Chief Neidermeier wrote:
Basically, both laws co-exist. Am I missing something?
Yes, he is missing something. He’s trying to say that since a person has a CPL, they give up their right to OC in certain areas, because the provisions of their CPL prevent them from OC’ing in the zones listed under MCL 750.234d. There is no such provision (in either MCL 750.234d, or MCL 28.425o.
That AG opinion is referring to concealed carry, and it basically says that since the Section 28.425o restricts concealed carry from certain areas, then they are not exempted from doing so under MCL 750.234d, subsection 2c. Notice what the Opinion is addressing:
AG Opinoin #7097 wrote:
“You have asked whether a private investigator licensed to carry a concealed pistol is, by reason of section 234d of the Michigan Penal Code, exempt from the gun-free zone restrictions imposed by section 5o of the Concealed Pistol Licensing Act.”
Emphasis added
5o is written for "concealed carry", and makes no restrictions on open carry.
She then goes on to say:
AG Opinoin #7097 wrote:
“In section 5o, however, the Legislature enumerated certain so-called gun-free zones, i.e., premises where a person licensed to carry a concealed pistol shall not carry a concealed pistol.”
Still talking about “concealed” pistols.
Then, she concludes with:
AG Opinoin #7097 wrote:
It is my opinion, therefore, that a private investigator licensed to carry a concealed pistol is not, by reason of section 234d of the Michigan Penal Code,
exempt from the gun-free zone restrictions imposed by section 5o of the Concealed Pistol Licensing Act.”
Again, emphasis added. Sorry about the formating.
She is still addressing the concept ofcarrying aconcealed pistol (since she is refering to 5o, and that is what 5o addresses), being exemptfrom the “concealed” carry law. All she is saying here is that you can’t carry concealed in these areas.
To clarify things:
MCL 750.234d list certain “gun free zones”, from which CPL holders are exempted from (under subsection 2c). As such, a CPL holder may carry into any of the locations listed in 750.234d. Simple enough.
Then, MCL 28.425o comes along and list certain areas where people are prohibited from carrying a concealed pistol. It makes no restriction on the openly carrying of a pistol by CPL holders. Also simple.
Essentially, if a person has a CPL, then he/she may carry in the zones listed in MCL 750.234d, but if any of those zones are also listed in MCL 28.425o, then the CPL holder may not carry a concealed pistol into those areas. There is no prohibition to a CPL holder carrying openly in those areas.
Still pretty simple, but you might ask him where it specifically states that, a CPL holder may not OC in the places listed in MCL 750.234d. He of course won't be able to point it out to you since there are no such restrictions.