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Thread: OC with CPL

  1. #1
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    I'm in an argument with my uncle regarding OC with a CPL. He has his CPL. I don't. He claims that when he was in the class he learned that the law is as follows:

    If you don't have a CPL, in the State of Michigan, it is legal to open carry a pistol in plain sight if you are over the age of 18 and the pistol is registered and legal.

    Once you obtain your CPL however, in the State of Michigan, you loose the right to open carry. Once you have a Concealed Pistol License, that is all you are aloud to do. Conceal it. If you are OC'ing while in ownership of a CPL, you are in violation of the CPL and guilty of a felony.


    I am very new to this site as well as OC and I just want to know for sure that it IS legal to Open Carry in Michigan and it IS legal to OC when you have a CPL. If at all possible, please state the Michigan Law and law number or where to find the law. An official website (MSP or Michigan Legislation Site) would carry a lot more weight in my argument with my uncle. He doesn't believe anything I'm telling him which is just general information that I'm finding off of this website.

    Thank you for any information you can provide. He fundamentally believes he has lost his right to open carry his pistol simply because of the fact that he now has a CPL. According to him, that is the law he was taught in the CPL class that he took.

    Thanks guys, and thank you for having me on this awesome website.


    P.S. He also brought up RPZ's and said that NO MATTER WHAT, the only people that are aloud to carry a gun into a RPZ (Restricted Pistol Zone) is an officer. I thought you were aloud to OC in a RPZ as long as you had a CPL. Am I right about this as well?

    Chad

  2. #2
    Regular Member FatboyCykes's Avatar
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    Welcome to the site, this is an easy one, tell him to site the law, he can't and nobody here can, there is nothing within the CPL law regarding losing the right to OC.

  3. #3
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    What about the RPZs? Are you able to OC on a RPZ as long as you have your CPL?

  4. #4
    Regular Member FatboyCykes's Avatar
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    Smithc11369 wrote:
    What about the RPZs? Are you able to OC on a RPZ as long as you have your CPL?
    Short answer is yes.

    Long answer.... http://opencarry.mywowbb.com/forum30/13328.html

    That is probably one of the best resources on OC info and FAQs.

  5. #5
    Regular Member dougwg's Avatar
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    Smithc11369 wrote:
    What about the RPZs? Are you able to OC on a RPZ as long as you have your CPL?
    Your answer is here http://opencarry.mywowbb.com/forum30/13328.html

    Read it, Know it, LIVE IT!

  6. #6
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    That statute prohibits certain persons from possessing firearms on certain types of premises as follows:
    Sec. 234d. (1) Except as otherwise 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,…
    (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. [Emphasis added.]
    By its express terms, section 234d prohibits certain persons from carrying a firearm in the enumerated places but explicitly
    exempts from its prohibition “[a] person licensed by this state or another state to carry a concealed weapon.” Thus, any person
    licensed to carry a concealed pistol, including a private investigator, is exempt from the gun-free zone restrictions imposed by
    section 234d of the Penal Code and may therefore possess firearms while on the types of premises listed in that statute.

    This should clear up some confusion, if this does not then there is no getting through.
    go to http://www.miopencarry.org and print off an information brochure. i always carry one with me, though i've had "all-knowing" citizens tell me that is wrong.

    Have fun, be safe, good luck.

  7. #7
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    dougwg wrote:
    Smithc11369 wrote:
    What about the RPZs? Are you able to OC on a RPZ as long as you have your CPL?
    Your answer is here http://opencarry.mywowbb.com/forum30/13328.html

    Read it, Know it, LIVE IT!
    shucks doug why do you always have to beat me to it. . . :?

    Devery

  8. #8
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    Welcome, Smith. Ask your uncle if he gave up his right to walk on the street when he got a license to operate a motor vehicle. Read the stuff in the "stickies" especially Wash Rinse and Repete. Good luck with your unk.springerdave.

  9. #9
    Regular Member kyleplusitunes's Avatar
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    you can also call the msp and speak with any officer in Lansing, they will probably send you to a guy named inspector copeland, he has been an excellent source for me if I ever have a question regarding a Michigan firearms law.

  10. #10
    Regular Member Bronson's Avatar
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    Ask him to show you the law. Not his instructor's interpretation of the law, or the MSP's synopsis of the law, but the actual statute fromthe Michigan compiled laws that states that a CPL holder gives up a right guaranteed by the state constitution just because they accept a license whichpermits themto performan otherwise illegal act.

    Here's the link to the MCL search page where he can do a keyword search for "firearm".

    http://www.legislature.mi.gov/(S(rh1...aspx?page=home

    Bet him your gun vs. his. If he can find a law that says once you have a CPL you may not OC then you'll sign your gun over to him, but if he can't then he'll sign his over to you.

    Here's a little ammo for you....

    MCL 28.425c License; form; authorized conduct

    Here's the pertinent part:
    (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.
    Nowhere in this list of acceptable conduct for a CPL holder does it say you MUST conceal only that you areauthorized to do so.

    This online LegalDictionarydefines "authorize" as:



    1: to give permission to
    2: to give authority to act to

    So, the CPL only gives the licensee permission to conceal a pistol, which is an otherwise illegal act. It does not remove a constitutional right guaranteed by the Michigan state constitution in Article I, section 6.

    Every person has a right to keep and bear arms for the defense of himself and the state.
    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

  11. #11
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    Thank you Bronson, that was a lot of help and I appreciate your time looking that all up for me. I'm sure he wont be as appreciative but I certainly am.

    Thank you,

    Chad

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