New guy with some questions.

Actually, I'm confused about the whole "gun free zones" if I OC without a CCW. Some say I'm OK and some say no way bro! I've been OC'ing to school property to pick up my son on foot for months now WITHOUT a CPL. No problems yet, and I walk right by the police officer every day. Who knows? Anyone?

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American Sheepdog wrote:

CV67PAT wrote:

American Sheepdog wrote:

Is that law or is that opinion. Hard to tell brother. I sure would like to see the law.

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That's why I deleted it.

Researching.

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I wait on foot across the street at the pickup zone. I guess I'm not "on" school property, but if there's an actual "gun free zone", I'm sure I'm in it.

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No. That was a federal thing that got struck down. Some states have enacted their own, but not michigan.

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American Sheepdog wrote:

Actually, I'm confused about the whole "gun free zones" if I OC without a CCW. Some say I'm OK and some say no way bro! I've been OC'ing to school property to pick up my son on foot for months now WITHOUT a CPL. No problems yet, and I walk right by the police officer every day. Who knows? Anyone?

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If you don't have a CPL, do NOT OC on or even near school property.

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http://www.migunowners.org/forum/showthread.php?t=72432&highlight=%22open+carry%22+school

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FatboyCykes wrote:

http://www.migunowners.org/forum/showthread.php?t=72432&highlight=%22open+carry%22+school

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That link is not available to the public.

Do you have a legislative cite containing a codified law?

I'm having search issues with the internet.

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750.234d is the statute for OC.

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School districts are not preempted by MCL 123.1102. They may prohibit firearms on their property entirely.

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THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931 750.237a Individuals engaging in proscribed conduct; violation; penalties; definitions. Sec. 237a. (1) An individual who engages in conduct proscribed under section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, or 234c, or who engages in conduct proscribed under section 223(2) for a second or subsequent time, in a weapon free school zone is guilty of a felony punishable by 1 or more of the following: (a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated. (b) Community service for not more than 150 hours. (c) A fine of not more than 3 times the maximum fine authorized for the section violated. (2) An individual who engages in conduct proscribed under section 223(1), 224d, 226a, 227c, 227d, 231c, 232a(1) or (4), 233, 234, 234e, 234f, 235, 236, or 237, or who engages in conduct proscribed under section 223(2) for the first time, in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following: (a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated or 93 days, whichever is greater. (b) Community service for not more than 100 hours. (c) A fine of not more than $2,000.00 or the maximum fine authorized for the section violated, whichever is greater. (3) Subsections (1) and (2) do not apply to conduct proscribed under a section enumerated in those subsections to the extent that the proscribed conduct is otherwise exempted or authorized under this chapter. (4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following: (a) Imprisonment for not more than 93 days. (b) Community service for not more than 100 hours. (c) A fine of not more than $2,000.00. (5) Subsection (4) does not apply to any of the following: (a) An individual employed by or contracted by a school if the possession of that weapon is to provide security services for the school. (b) A peace officer. (c) An individual licensed by this state or another state to carry a concealed weapon. (d) An individual who possesses a weapon provided by a school or a school's instructor on school property for purposes of providing or receiving instruction in the use of that weapon. (e) An individual who possesses a firearm on school property if that possession is with the permission of the school's principal or an agent of the school designated by the school's principal or the school board. (f) An individual who is 18 years of age or older who is not a student at the school and who possesses a firearm on school property while transporting a student to or from the school if any of the following apply: (i) The individual is carrying an antique firearm, completely unloaded, in a wrapper or container in the trunk of a vehicle while en route to or from a hunting or target shooting area or function involving the exhibition, demonstration or sale of antique firearms. (ii) The individual is carrying a firearm unloaded in a wrapper or container in the trunk of the person's vehicle, while in possession of a valid Michigan hunting license or proof of valid membership in an organization having shooting range facilities, and while en route to or from a hunting or target shooting area. (iii) The person is carrying a firearm unloaded in a wrapper or container in the trunk of the person's vehicle from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business, or in moving goods from one place of abode or business to another place of abode or business. (iv) The person is carrying an unloaded firearm in the passenger compartment of a vehicle that does not have a trunk, if the person is otherwise complying with the requirements of subparagraph (ii) or (iii) and the wrapper or container is not readily accessible to the occupants of the vehicle. (6) As used in this section: (a) “Antique firearm” means either of the following: (i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or a replica of such a firearm, whether actually manufactured before or after the year 1898. (ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. (b) “School” means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. (c) “School property” means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses. (d) “Weapon free school zone” means school property and a vehicle used by a school to transport students to or from school property. History: Add. 1994, Act 158, Eff. Aug. 15, 1994

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Try this one. It's a PDF file, but it's the best I could do on short notice.

http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

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Big Gay Al wrote:

Try this one. It's a PDF file, but it's the best I could do on short notice.

http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

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Thanks.

That looks like it was enacted by means of an appropriations bill.

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It seems, according to the paragraph that a school zone is actual school property, and not the 1000 foot rule. So, I am safe as I wait across the street on private property, although I am only the width of a street away. Thanks for all the info guys.

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18 USC § 921 Definitions (a) As used in this chapter— (25) The term “school zone” means— (A) in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

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you had to mention yoopers and deer season....

 

i JUST got "its da second week of deer camp" out of my head after it had been there all weekend!

now im gonna go watch escanaba in da moonlight....

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Hate to throw a monkey wrench into this but...

As the federal law reads:

(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm t h at has moved in or that otherwise
affects interstate or foreign commerce at a place that
the individual knows, or has reasonable cause to
believe, is a school zone.
(B) Subparagraph (A) shall does not apply to the
possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtain s such a license, the law enforcement authorities of the State or political
subdivision verify that the individual is qualified
under law to receive the license;


Here in MI, we are licensed by the state to posses handguns due to the registration process, so the Federal GFSZA doesn't apply to us.

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Excellent! Now that makes me confident! That tells me I am good because my handgun is registered, which means my local police have run a background check and issued me a "PERMIT" to buy a handgun. I'm exempt from the gun free school zone.

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(4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following:
(a) Imprisonment for not more than 93 days.
(b) Community service for not more than 100 hours.
(c) A fine of not more than $2,000.00.

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(5) Subsection (4) does not apply to any of the following:
(c) An individual licensed by this state or another state to carry a concealed weapon.

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I am not on school grounds, but just across the street on private property. I do not have a CPL. I open carry. There seems to be a misunderstanding between "on school grounds" and "not on school grounds, but within 1000 feet of the school property." I am only concerned about myself open carrying without a CPL within 1000 feet and NOT ON school property. How legal is my particular situation?

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