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Michigan Coalition for Responsible Gun Owners: Open Carry is the Law in Michigan

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Mike

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NOTE: I actually think the best way to explain why open carry in Michigan is legal is that it is not a crime. But this press release is still useful to reassure gun owners.

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http://www.ammoland.com/2010/01/11/open-carry-is-the-law-in-michigan

SNIP

Open Carry is the Law in Michigan: MCRGO Frequently Asked Gun Owner Questions
Monday, January 11th, 2010 at 10:17 am
Tags: CCWConcealed Carry LawsCPLMCRGOMichiganMichigan Coalition For Responsible Gun OwnersOpen Carry



Open Carry is the Law in Michigan: MCRGO Frequently Asked Gun Owner Questions

Q: What is the MCL number for a person being able to openly carry a gun in Michigan?

A: Your question refers to the Michigan Compiled Laws numbering system. All of Michigan’s statutes are available online at www.Legislature.MI.gov. They are organized in a numbering system and all of them begin with “MCL.”

The answer is that the right to carry a gun openly is not actually part of the MCL system. . . .
 
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apjonas

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You are correct for the undetermined general case. However since there are circumstances under which open carry is not legal, the answer ought to be more expansive and nuanced.

Can you open carry in Michigan? The answer is: It depends or Yes, unless there is a specific statutory prohibition. In reality the answer is the same for every state. The difference is whether the balance tilts toward prohibition or not. In Vermont, the restrictions are very minimal (quantify it as a 2%). In New Jersey, the restrictions are heavy (98%).
 
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Bellatrueblood

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Ok I know the laws are changing all the time what I need to know is with the CCW or the CPL can you carry it in a place that serves alcohol, bar, resterant,bowling alley, ect????? In Michigan.
 
Venator

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Bellatrueblood wrote:
Ok I know the laws are changing all the time what I need to know is with the CCW or the CPL can you carry it in a place that serves alcohol, bar, resterant,bowling alley, ect????? In Michigan.
Click to expand...

In Michigan with a CPL you can only OCin any place that sells alcohol. You can OC in a place that sells alcohol without a CPL if you have the owners permission. You can CC with a CPL in a place that sells alcohol if you are providing security and are employed by the business.

These are not new laws,some have been on the books for decades.
 
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Iceman1911

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Venator wrote:
Bellatrueblood wrote:
Ok I know the laws are changing all the time what I need to know is with the CCW or the CPL can you carry it in a place that serves alcohol, bar, resterant,bowling alley, ect????? In Michigan.
Click to expand...

In Michigan with a CPL you can only OCin any place that sells alcohol. You can OC in a place that sells alcohol without a CPL if you have the owners permission. You can CC with a CPL in a place that sells alcohol if you are providing security and are employed by the business.

These are not new laws,some have been on the books for decades.
Click to expand...
To make this clear for me and possibly others, when you (Venator) refer to a "place that sells alcohol" are you referring to a business whose predominate source of revenue for their business is alcohol sales, or do mean any business operation that sells any amount of alcohol in any way for any purpose would be subject to a CPL requirement to OC on premise.

As I understand, you can OC in a restaurant in Michigan. So in other words, in Michigan can you OC in a restaurant that also serves alcohol without having a CPL, provided the restaurant’s primary source of revenue is not alcohol.

Thanks in advance for the response.
 
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Leader

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Iceman1911 wrote:
Venator wrote:
Bellatrueblood wrote:
Ok I know the laws are
Click to expand...

In Mich
Click to expand...
To make this clear for me and possibly others, when you (Venator) refer to a "place that sells alcohol" are you referring to a business whose predominate source of revenue for their business is alcohol sales, or do mean any business operation that sells any amount of alcohol in any way for any purpose would be subject to a CPL requirement to OC on premise.

As I understand, you can OC in a restaurant in Michigan. So in other words, in Michigan can you OC in a restaurant that also serves alcohol without having a CPL, provided the restaurant’s primary source of revenue is not alcohol.

Thanks in advance for the response.
Click to expand...

Yes, in order to OC in any business that sells alcohol in any form, you need a CPL.

You may OC or CC in a restaurant that has a primary income from other then alcohol *IF* you have a CPL.
 
stainless1911

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So, with no CPL I cannot carry at all in a Krogers or Meijers because they sell?

And with a CPL I must open carry in a Krogers or Meijers because they sell?

Or with a CPL is it an option to CC?

Ive got most of these "jumpin hoops" figured out now, just trying to iron out the wrinkles.
 
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Venator wrote:
In Michigan with a CPL you can only OCin any place that sells alcohol. You can OC in a place that sells alcohol without a CPL if you have the owners permission. You can CC with a CPL in a place that sells alcohol if you are providing security and are employed by the business.

These are not new laws,some have been on the books for decades.
Click to expand...
Are you serious - MI requires open carry in restaurants? Can you cite to authority on this? We are tracking MI as allowing carry generally in alcohol serving restaurants, open orconcealed.
 
Michigander

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Mike wrote:
Venator wrote:
In Michigan with a CPL you can only OCin any place that sells alcohol. You can OC in a place that sells alcohol without a CPL if you have the owners permission. You can CC with a CPL in a place that sells alcohol if you are providing security and are employed by the business.

These are not new laws,some have been on the books for decades.
Click to expand...
Are you serious - MI requires open carry in restaurants? Can you cite to authority on this? We are tracking MI as allowing carry generally in alcohol serving restaurants, open orconcealed.
Click to expand...

Need a bit of clarification here. My best understanding is that with a CPL you can carry concealed at all places that sell alcohol EXCEPT for liquor license holding establishments that sell alcohol for on-site consumption and make the majority of their profits from alcohol, which I've always guessed is 51%+. These places require open carry.

With no license and no permission, liquor license holding businesses are entirely off limits to carry, and I believe that includes parking lots.
 
SpringerXDacp

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stainless1911 wrote:
1) So, with no CPL I cannot carry at all in a Krogers or Meijers because they sell?

2) And with a CPL I must open carry in a Krogers or Meijers because they sell?

3) Or with a CPL is it an option to CC?

Ive got most of these "jumpin hoops" figured out now, just trying to iron out the wrinkles.
Click to expand...

1) That is correct, unless you have permission from the owner or owners agent of the establishment. See: MCL 750.234d.

2) No, with a CPL you can CC or OC in establishments that sell alcohol for off-site consumption.

MCL 28.425o only prohibits those with CPL's to CC in establishments where the primary source of income is from alcohol. The only exemption is for the owner(s) and employee(s) of those establishments.

3) See 2) above.
 
SpringerXDacp

SpringerXDacp

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stainless1911 wrote:
Thanks.

We need one of those emoticons who is shown to be jumping through a hoop while pulling out hair.:?
Click to expand...
:lol: I hear ya. All of us here at OCDO was in the learners seat at one time or another. The unfortunate part is that the knowledge of firearm laws will always be a continuing trend (up-hill climb) for all of us, to include lawyers and law enforcement.
 
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Mike

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I think a general rule forfolks wanting to carry but stay out of criminal trouble in any state is to, if at all possible, obtain a carry permit even if you do generally do not nned for open carry - you might accidentally enter a zone where the permit is needed or not know about some obscure law requiring a permit, or accidetnally conceal, or be wrongfully accused of those offenses perhaps by an anti-gunner.

Plus, in the court of public opinion and with police officers and DAs, you may find yourself asking for prosectorial discretion, and as a "permit holder who made an honest mistake," you may be more likley to get it.
 
SpringerXDacp

SpringerXDacp

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Mike wrote:
I think a general rule forfolks wanting to carry but stay out of criminal trouble in any state is to, if at all possible, obtain a carry permit even if you do generally do not nned for open carry - you might accidentally enter a zone where the permit is needed or not know about some obscure law requiring a permit, or accidetnally conceal, or be wrongfully accused of those offenses perhaps by an anti-gunner.

Plus, in the court of public opinion and with police officers and DAs, you may find yourself asking for prosectorial discretion, and as a "permit holder who made an honest mistake," you may be more likley to get it.
Click to expand...

True that.

For the most part, the only restricted places in Michigan for those with a CPL to OC is Court Houses (Those under a Michigan Administrative Order), Secure Areas (Airports & Jails), Casinos, Federal Reserve Bank in Detroit (Only one in Michigan), and, of course, those establishments where you are informed to leave.
 
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