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Thread: Bar Carry

  1. #1
    Regular Member EM87's Avatar
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    Just to clarify... you can OC in a bar with a CPL, right? Some guy who said his dad is a cop told me that they revised the law in 2007 to say that CPL or not, bar carry is illegal. I corrected him, saying that CPL holders are exempt from the OC pistol free zones (which include anywhere that sells alcohol), but he was insistent so I figured I'd make sure. I've read the law posted on the stickies on this site but I want to make sure it's the most current version of the law.

    Also, +1 for bar carry tonight! I had the guy in charge approach me and tell me it was illegal, but when I explained the law to him he was happy to let me stay. Woohoo!

    :celebrate
    "You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87

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    what bar were you at?

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    Regular Member Bronson's Avatar
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  4. #4
    Regular Member EM87's Avatar
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    Kimberguy wrote:
    what bar were you at?
    Louie's Trophy House in Kalamazoo, or something like that. I'd never heard of it before. One of my friends was having a going away party there.
    "You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87

  5. #5
    Regular Member EM87's Avatar
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    Bronson wrote:
    Thanks, Bronson. I'm pretty familiar with all of that (but I reviewed it all anyway, like a responsible gun owner). I understand the part that says:

    "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:

    (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:

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

    However, I still want to make sure that as far as any of you know, there have been no amendments regarding what I stated originally. I'd just feel more comfortable with it if I hear it from one of you guys.
    "You'll be walking along.. OC.. and you'll feel GREAT. You'll feel FREEEEE like 1776 kind of Free." -cscitney87

  6. #6
    Michigan Moderator Big Gay Al's Avatar
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    So far as I know, the only change to CPL carry was that you could carry concealed in any establishment that served alcohol as long is their income from alcohol sales was less than 50%.

    Big Gay Al
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  7. #7
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    Big Gay Al wrote:
    So far as I know, the only change to CPL carry was that you could carry concealed in any establishment that served alcohol as long is their income from alcohol sales was less than 50%.
    The statute doesn't say 50% it says primary income. So if a business sell 35% food, 20% other and 45% alcohol then booze istheir primary source of income, which is less than 50%. Another gray area that has no case law or AG opinion.
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    *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.

  8. #8
    Michigan Moderator Big Gay Al's Avatar
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    Then I think we need to get an AG opinion, before one of us gets arrested.
    Big Gay Al
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  9. #9
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Big Gay Al wrote:
    Then I think we need to get an AG opinion, before one of us gets arrested.
    He's too busy running for Gov. My senator has a request in for 2 months now with no response.
    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.

  10. #10
    Michigan Moderator Big Gay Al's Avatar
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    That figures.
    Big Gay Al
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  11. #11
    Regular Member FatboyCykes's Avatar
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    Nasty bump and I'm sorry. I do not have a CPL, took the class, waiting on my passport photo to apply.

    Warren is hosting a Rotary club amusement park gathering at city hall. It's basically one of those carny events with rides a live show and food booths. My question, if any of these booths are serving alcohol, am I allowed to open carry to the event?

    I'm not 100% sure that they even sell alcohol and if they don't, then I'm fairly positive that I'm in the clear. However, w/o a CPL, I think I might be in violation if they are. Can anyone add any insight?

  12. #12
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    FatboyCykes wrote:
    Nasty bump and I'm sorry. I do not have a CPL, took the class, waiting on my passport photo to apply.

    Warren is hosting a Rotary club amusement park gathering at city hall. It's basically one of those carny events with rides a live show and food booths. My question, if any of these booths are serving alcohol, am I allowed to open carry to the event?

    I'm not 100% sure that they even sell alcohol and if they don't, then I'm fairly positive that I'm in the clear. However, w/o a CPL, I think I might be in violation if they are. Can anyone add any insight?
    As long as you're not in the tent/secured area where the alcohol is sold you should be OK. It's highly unlikely the event would allow people to roam freely with alcohol. I've worked security for many carny events forthe last20 years and I have never witnessed where patrons were allowed to do this.

    The City Hall would be subject to preemption, but thats not going to stop someone (proprietor/worker) from asking you to leave.

  13. #13
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    EM87 wrote:
    Just to clarify... you can OC in a bar with a CPL, right? Some guy who said his dad is a cop told me that they revised the law in 2007 to say that CPL or not, bar carry is illegal. I corrected him, saying that CPL holders are exempt from the OC pistol free zones (which include anywhere that sells alcohol), but he was insistent so I figured I'd make sure. I've read the law posted on the stickies on this site but I want to make sure it's the most current version of the law.

    Also, +1 for bar carry tonight! I had the guy in charge approach me and tell me it was illegal, but when I explained the law to him he was happy to let me stay. Woohoo!

    :celebrate
    Next time get your yellow book out and show him. Chances are he won't want to look, but if he does, all the better.

  14. #14
    Regular Member Michigander's Avatar
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    FatboyCykes wrote:
    I'm not 100% sure that they even sell alcohol and if they don't, then I'm fairly positive that I'm in the clear. However, w/o a CPL, I think I might be in violation if they are. Can anyone add any insight?
    I saw Blue Oyster Cult there a couple years ago. They had signs, and even radio advertisements which specified "no weapons". The police were there in great numbers, making rounds, giving everyone dirty looks like they were criminals. I thought of this immediately when they were so in your face to MOC when there was the picnic in warren.

    If it can be ascertained that it's legal without a CPL, I'd love nothing more than to go OC with you there. Speaking of which, since I'm pretty close to warren, we should meet up some time, whether at this event or on another occasion
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

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  15. #15
    Michigan Moderator Big Gay Al's Avatar
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    FatboyCykes wrote:
    Nasty bump and I'm sorry. I do not have a CPL, took the class, waiting on my passport photo to apply.
    You mean your county clerk doesn't offer to take the picture for you? Just wondering because when a first applied as well as when I renewed, Ingham County Clerk's office was taking pictures for a few dollars.
    Big Gay Al
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  16. #16
    Regular Member FatboyCykes's Avatar
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    Michigander wrote:
    FatboyCykes wrote:
    I'm not 100% sure that they even sell alcohol and if they don't, then I'm fairly positive that I'm in the clear. However, w/o a CPL, I think I might be in violation if they are. Can anyone add any insight?
    I saw Blue Oyster Cult there a couple years ago. They had signs, and even radio advertisements which specified "no weapons". The police were there in great numbers, making rounds, giving everyone dirty looks like they were criminals. I thought of this immediately when they were so in your face to MOC when there was the picnic in warren.

    If it can be ascertained that it's legal without a CPL, I'd love nothing more than to go OC with you there. Speaking of which, since I'm pretty close to warren, we should meet up some time, whether at this event or on another occasion
    Sounds like a plan I've got a call into the warren city attorney's office. We'll see I guess. I mean, it's technically public property and I would think preemption would apply.

    You mean your county clerk doesn't offer to take the picture for you? Just wondering because when a first applied as well as when I renewed, Ingham County Clerk's office was taking pictures for a few dollars.
    You know, I'm sure they do. The gentleman who did my CPL class offered to take them for free since we were able to get a decent sized class, but he had to process them and print them and deliver them. Class was on a Sat. and he left for Mexico on Mon. What with all the swine flu stuff going around, I guess his trip to Mexico was a total nightmare and he didn't get to send them out until yesterday :/

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