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Thread: Encounter with a CPL instructor

  1. #1
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    I work unarmed security and I got called in to do a side job at a local factory. Apparently there was some employee that made some threats ( Was in the local news ) So I, Along with the normal unarmed guard where teemed up with a armed guard from a different company coming in for this threat.

    This guy was super nice, Older with a family. Apparently he is a CPL instructor for the Michigan state police? Or the weapons trainer, I cant remember what he called it. Of course I am going to chat guns with him. Then I started the conversation on open carry. He knew it was legal and liked to talk about it.

    But here comes the weird part. He tells me that there are still local ordinances that ban open carry, One was down town Lansing and areas in Detroit??

    Also I was under the assumption that you need to OC in a place with a liquor license? Maybe I am reading something wrong? But he said you do not have to.

    Of course this could be the typical CCW instructor like we all hear about.

    Any input? Thanks

    Jody

  2. #2
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    As of... 1991? (probably wrong on that date) preemption trumps any ordinances. Therefore, no city can have any law stricter than the state law involving firearms. Sure, there may be ordinances, however, they cannot be enforced.
    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

  3. #3
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    Slinger wrote:
    I work unarmed security and I got called in to do a side job at a local factory. Apparently there was some employee that made some threats ( Was in the local news ) So I, Along with the normal unarmed guard where teemed up with a armed guard from a different company coming in for this threat.

    This guy was super nice, Older with a family. Apparently he is a CPL instructor for the Michigan state police? Or the weapons trainer, I cant remember what he called it. Of course I am going to chat guns with him. Then I started the conversation on open carry. He knew it was legal and liked to talk about it.

    But here comes the weird part. He tells me that there are still local ordinances that ban open carry, One was down town Lansing and areas in Detroit??

    Also I was under the assumption that you need to OC in a place with a liquor license? Maybe I am reading something wrong? But he said you do not have to.

    Of course this could be the typical CCW instructor like we all hear about.

    Any input? Thanks

    Jody
    The guard is incorrect on all counts

    There are ordinances all over Michigan that prohibit carry (OC or CC) of firearms such as in parks and other localities. However, Michigan Preemption Law of 1990 (MCL 123.1102) makes such ordinances invalid/illegal. The preemption law prohibits local units of government (Counties, Townships, Cities, Villages) from creating/enforcing their ordinances.

    If you have a CPL you can OC or CC in any licensed establishments (WalMart, Meijer, Kroger, Etc) where liquor is sold for off-site consumption. If you don't have a CPL you can OC only on the premises of said licensed establishments with permission ofowner or agent.

    If you have a CPL you can OC only (unless you are exempt 28.425o) in establishments where the primary source of income is from alcohol (Bars & Taverns).


  4. #4
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    Preemption took effect on March 28, 1991.

    123.1102 Regulation of pistols or other firearms.
    Sec. 2.
    A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.


    History: 1990, Act 319, Eff. Mar. 28, 1991





  5. #5
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    CoonDog wrote:
    Preemption took effect on March 28, 1991.

    123.1102 Regulation of pistols or other firearms.
    Sec. 2.
    A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.


    History: 1990, Act 319, Eff. Mar. 28, 1991



    That is correct but it's referred to as Michigan Preemption Law of 1990. Just like Public Act 194 of 2008 went into effect in January 2009.

  6. #6
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    I'm not arguing, just stating for the record.


  7. #7
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    CoonDog wrote:
    I'm not arguing, just stating for the record.
    thanks for citing.

  8. #8
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    :quirky

  9. #9
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    Thanks guys

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