• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Revoking cpl for oc'ing

F

Fishous

Regular Member
Joined
Jan 17, 2009
Messages
39
Location
Ludington, Michigan, USA
imported post

28.425c License; form; authorized conduct.
Sec. 5c. (1) A license to carry a concealed pistol shall be in a form, with the same dimensions as a Michigan operator license,
prescribed by the department of state police. The license shall contain all of the following:
(a) The licensee’s full name and date of birth.
(b) A photograph and a physical description of the licensee.
(c) A statement of the effective dates of the license.
(d) An indication of exceptions authorized by this act applicable to the licensee.
(e) An indication whether the license is a duplicate.
(2) Subject to section 5o and except as otherwise provided by law, a license to carry a concealed pistol issued by the county concealed weapon licensing board authorizes the licensee to do all of the following:
(a) Carry a pistol concealed on or about his or her person anywhere in this state.
(b) Carry a pistol in a vehicle, whether concealed or not concealed, anywhere in this state
 
R

rj3663

Regular Member
Joined
Aug 3, 2009
Messages
186
Location
Fowlerville, Michigan, USA
imported post

Ok, I'll behave. I do have a leo in my circle of contacts that will field any of my questions to the county prosecutors office for a qualified answer. He's checking on this one. He is saying at this time that it's a bunch of malarky from someone that is against oc.
 
SpringerXDacp

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
imported post

Dozer wrote:
I'm sure this has come up before but I was unable to find anything about it.

After a long discussion under the right circumstances with a pair of state police officers and a criminal law student on the subject of open carry, I was informed by them under current case law they can and have revoked a persons cpl for oc'ing. I have not been able to find any info on this myself, but I also don't have a legal library to use for reference. During this discussion the officers also explained to me that there is no legal way of getting into your vehicle with a firearm unless it is already in a case coming from or going to a firing range or hunting area. Where I was under the impression that as long as I had my cpl I could enter my vehicle then classifying my sidearm as concealed even though it is still open on my hip.They informed me that this would be in violation of my cpl and would allow them to revoke my cpl. There seems to be some very fine and blurry lines that officers can still use in this state according to our discussion. The criminal law student in this conversation is a good friend of mine who lived with me in both Colorado and Arizona where we both oc'ed all the time so I know he is on our side.
Click to expand...


Welcome to OCDO Dozer.

Actually, I'm kinda shocked to hear that MSP told you this. Usually, they're up to speed with the legalities of OC. There have been many CPL's revoked in Michigan since we became shall issue, but not for OC-thatI know of anyway. See MSP Legal Updates.

Edit: Spelling
 
Venator

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

Dozer wrote:
I'm sure this has come up before but I was unable to find anything about it.

After a long discussion under the right circumstances with a pair of state police officers and a criminal law student on the subject of open carry, I was informed by them under current case law they can and have revoked a persons cpl for oc'ing. As stated THEY must back up that claim, the burden of proof is on them. How can you show them case law that doesn't exist. I have not been able to find any info on this myself, but I also don't have a legal library to use for reference. During this discussion the officers also explained to me that there is no legal way of getting into your vehicle with a firearm unless it is already in a case coming from or going to a firing range or hunting area. Perhaps they were referring to long guns which in that case is true. Where I was under the impression that as long as I had my cpl I could enter my vehicle then classifying my sidearm as concealed even though it is still open on my hip.You are correct.They informed me that this would be in violation of my cpl and would allow them to revoke my cpl. They are wrong in regards to a handgun. Again are we mixing discussions of long guns and/or handguns? There seems to be some very fine and blurry lines that officers can still use in this state according to our discussion. Perhaps, but did they elaborate on these blurry lines and show you how they can use these blurry lines to arrest someone for lawful OC? I think they arejust posturing. The criminal law student in this conversation is a good friend of mine who lived with me in both Colorado and Arizona where we both oc'ed all the time so I know he is on our side.
Click to expand...
This is why for over 3 years MOC has advised against asking LEOs about firearm laws. Our experience has been they are eitherill informed or downright lying when asked about OC and what's even more frighting is that manyseem to be very ignorant on CC laws as well.
 
R

rj3663

Regular Member
Joined
Aug 3, 2009
Messages
186
Location
Fowlerville, Michigan, USA
imported post

When cabman (Gordon) came out for the Easy Rider Rodeo we had a couple of MSP's asking us questions about the laws. Gordon handed them a few items of information and referred them to our website.
 
TheSzerdi

TheSzerdi

Regular Member
Joined
Sep 29, 2008
Messages
287
Location
Melvindale, Michigan, USA
imported post

They may not be able to revoke it, but at least in my case they summarily confiscated my card and sent a police report to my gun board who then suspended my license pending the outcome of the case. Still don't have my CPL 5 months later and it may be another month before I get it back.

Edit to say: What they did was totally wrong and unlawful and the anti-gun judge dragged out the court sessions, but it still happened.
 
SlowDog

SlowDog

Regular Member
Joined
Aug 17, 2009
Messages
424
Location
Redford, Michigan, USA
imported post

There is something called Judicial review. Maybe it's time to take these judges to task for their anti-gun political views.....just sayin:cuss:
 
You must log in or register to reply here.
Top