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Thread: Bicycle open carry

  1. #1
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    I'll Start by saying hello. newbie to open carry here from ,mi. w/o a CPL
    I ride bicycles more then I walk so I have been seeking info in regards to it

    I have sent out emails to find out more about it and would like to share what I find with others from michigan.

    So far here is what I have received from my inquiry

    Citizen Inquiry AG# 2009-0027673 * Attorney General Cox has requested that the Criminal Division respond to your e-mail regarding Michigan firearms laws. * We apologize for not responding sooner. *However, this office receives hundreds of letters each week and some delays are inevitable. * Due to limited time and resources, we are unable to assign a member of our staff to thoroughly answer your question for you.* However, the Michigan State Police have an on-line resource at www.michigan.gov/msp that you should find helpful.* After accessing this website, choose the heading "Firearms," which appears on the right-hand side of the home page.* You may also contact them at 517‑332‑2521. * Thank you for your inquiry. * Donna L. Pendergast First Assistant Attorney General Criminal Division

    MSP first email
    Michigan's concealed weapons statute - MCL 750.227 - makes it illegal to carry a concealed pistol IN a vehicle without a concealed pistol license. Carrying a pistol in plain view on a bicycle is not in a vehicle, thus doing so does not violate the statute. However, our interpretation is not binding, and there are no court cases applying the statute to bicycles. Therefore, we suggest that you check with the local prosecutor before riding a bicycle with a visible pistol.
    Sincerely,Sgt. Thomas Deasy Michigan State Police Legal Resources Unit714 S. Harrison Rd. East Lansing, Michigan

    MSP second email
    Date: Tue Aug 25 14:24:29 2009
    As long as the weapon is in plain view you can "open carry" on a bicycle as long as you are not in a pistol free zone.
    Best Regards,Tpr C. Hawkins
    Michigan State Police

    I have worked on a email to ask the prosecuting attorney as stated by MSP but the person I bounce questions off that has more knowledge in regards of gun laws and better standing with local government. He has been very generous as to present my questions to them.

    I also am working on an accurate answer on oc'ing near the pistol free zones while biking/walking and will update this post as I obtain the information from them.

    If you have already obtained information from the governing bodies on the laws I welcome your findings greatly.

    UCWT

  2. #2
    Regular Member Springfield Smitty's Avatar
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    As for OC'ing near the CEZ (criminal empowerment zones):

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

    ...

    (3) As used in subsection (1), “premises” does not include parking areas of the places identified under subsection (1).

    ...

    This seems to say that OC near is not an issue if you can be in the parking lot. Of course, the word premises is not defined in this section:

    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:

    (a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.

    (b) A church or other house of religious worship.

    (c) A court.

    (d) A theatre.

    (e) A sports arena.

    (f) A day care center.

    (g) A hospital.

    (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:

    (a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.

    (b) A peace officer.

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

    (d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.

    (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

    History:
    Add. 1990, Act 321, Eff. Mar. 28, 1991;—Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992;—Am. 1994, Act 158, Eff. Aug. 15, 1994.

    Of course, I am not a lawyer, but I imagine a good one would argue that the same definition should be assumed throughout the legislation anytimethe sameword appears in the same context.
    -U.S. Army Veteran (2002-2005) 11BVB4 (Infantry, Airborne, Ranger, some other stuff) SGT (E-5)
    -Public Service Professional - I've done it all: LEO, FF, and EMT
    -Certified NRA Instructor
    -CPL / CCW (whatever other acronym you can think of for carrying a concealed pistol) Instructor
    -Co-founder of OKOCA

    I am not an attorney. None of my statements should be accepted, nor are they intended to be offered, as legal advice or fact of law.

  3. #3
    Regular Member Springfield Smitty's Avatar
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    One other note; Thesecond section (750.234d) is what "we" use to prove that OC is legal in CEZ's as long as you have a CPL.
    -U.S. Army Veteran (2002-2005) 11BVB4 (Infantry, Airborne, Ranger, some other stuff) SGT (E-5)
    -Public Service Professional - I've done it all: LEO, FF, and EMT
    -Certified NRA Instructor
    -CPL / CCW (whatever other acronym you can think of for carrying a concealed pistol) Instructor
    -Co-founder of OKOCA

    I am not an attorney. None of my statements should be accepted, nor are they intended to be offered, as legal advice or fact of law.

  4. #4
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    I currently do not have a CPL so that is why I am seeking info from them first on how this law works in my case.

    I think that is why "the generous person" stopped me from summitting that question to the local bodies because it needs to be established from the top since we all see how some local agencies sill have the wrong info


    If I had my CPL then I see how that changes things. I am seeking answers from these bodies so I have documentation from the upper to lower bodies to support me in my doing of non-CPL carry.
    Until then I feel it is to much of a gray area doing so around these areas.

    In the mean time I will ride OCing because MSP found no wrong in doing so and under preemption local levels can't say different. Until hearing different I will just not go near the list of places till I hear different from them. Which sucks a little because I have to go out of my way to ride with my daughter on the route we love to go.

    I read through them and seeing I am also not a lawyer want to be as accurate and correct in doing so as not to lose my rights and still have the right someday when I have the funds to get a CPL so I am able to carry open in more places that non-CPL carry does not allow me to do.

    Thanks greatly for your input.

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