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LEO encounter at a hospital

sasha601

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mikestilly wrote:
SIGfreed wrote:
mikestilly wrote:
ID, CPL, running your record.. fishing fishing fishing. Like watching the outdoor channel. I wouldnt have produced any of that for them .. It would have had to been illegally seized.

  I admited to carrying my firearm into the hospital, and I am certain it is on video somewhere, therefore they had cause to ask for both ID and CPL.

  And yes, they were fishing very hard.

Open Carrying in a hospital is completely legal. There is no law stating you must disclose (Produce ID/CPL) because you're open carrying in a PFZ.

Ok, someone should clarify this for me. Clearly it is illegal to CC in the hospital since it is one of the PFZs for CPL holders. It is also clear that OC in a hospital is legal if person has CPL. Now, can LEO demand that I produce CPL while in the hospital to proof that I am allowed to OC? And, if I am not required to produce CPL, then how would LEO ever catch anybody OC without CPL unless person admits not having CPL? Seems to me that person without CPL can OC with impunity in this case? What am I missing?
 

mikestilly

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ghostrider wrote:
mikestilly wrote:
ID, CPL, running your record.. fishing fishing fishing. Like watching the outdoor channel. I wouldnt have produced any of that for them .. It would have had to been illegally seized.
Here's a question:

What would they do if he hadn't had any ID/CPL to produce because he was sterile open carrying?


Hold him until they prove he is legal?

Hold him under what probable cause? What reasonable articulated suspicion?
 

SIGfreed

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mikestilly wrote:
SIGfreed wrote:
mikestilly wrote:
ID, CPL, running your record.. fishing fishing fishing. Like watching the outdoor channel. I wouldnt have produced any of that for them .. It would have had to been illegally seized.

I admitted to carrying my firearm into the hospital, and I am certain it is on video somewhere, therefore they had cause to ask for both ID and CPL.

And yes, they were fishing very hard.

Open Carrying in a hospital is completely legal. There is no law stating you must disclose (Produce ID/CPL) because you're open carrying in a PFZ.
I disagree, they only way I can open carry in a GFZ is with a CPL, therefore by doing so I am utilizing my CPL and must disclose when asked for ID.
 

Big Gay Al

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SIGfreed wrote:
mikestilly wrote:
SIGfreed wrote:
mikestilly wrote:
ID, CPL, running your record.. fishing fishing fishing. Like watching the outdoor channel. I wouldnt have produced any of that for them .. It would have had to been illegally seized.

I admitted to carrying my firearm into the hospital, and I am certain it is on video somewhere, therefore they had cause to ask for both ID and CPL.

And yes, they were fishing very hard.

Open Carrying in a hospital is completely legal. There is no law stating you must disclose (Produce ID/CPL) because you're open carrying in a PFZ.
I disagree, they only way I can open carry in a GFZ is with a CPL, therefore by doing so I am utilizing my CPL and must disclose when asked for ID.
I'll bet that's what most LEO's and prosecutors would believe also. (except for the totally ignorant ones who'll think you just can't carry period.) Correctly or not, I don't know. But if you're in a normally PFZ, but that PFZ becomes legal if you OC AND have a CPL, then the CPL becomes a cornerstone to your legality. Unfortunately.
 
G

Guest

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SIGfreed wrote:
mikestilly wrote:
SIGfreed wrote:
mikestilly wrote:
ID, CPL, running your record.. fishing fishing fishing. Like watching the outdoor channel. I wouldnt have produced any of that for them .. It would have had to been illegally seized.

I admitted to carrying my firearm into the hospital, and I am certain it is on video somewhere, therefore they had cause to ask for both ID and CPL.

And yes, they were fishing very hard.

Open Carrying in a hospital is completely legal. There is no law stating you must disclose (Produce ID/CPL) because you're open carrying in a PFZ.
I disagree, they only way I can open carry in a GFZ is with a CPL, therefore by doing so I am utilizing my CPL and must disclose when asked for ID.
I thought that disclosure was required when concealed carrying.

How is this concealed?

Watch for the UFO.
 

ghostrider

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CV67PAT wrote:
SIGfreed wrote:
mikestilly wrote:
SIGfreed wrote:
mikestilly wrote:
ID, CPL, running your record.. fishing fishing fishing. Like watching the outdoor channel. I wouldnt have produced any of that for them .. It would have had to been illegally seized.

I admitted to carrying my firearm into the hospital, and I am certain it is on video somewhere, therefore they had cause to ask for both ID and CPL.

And yes, they were fishing very hard.

Open Carrying in a hospital is completely legal. There is no law stating you must disclose (Produce ID/CPL) because you're open carrying in a PFZ.
I disagree, they only way I can open carry in a GFZ is with a CPL, therefore by doing so I am utilizing my CPL and must disclose when asked for ID.
I thought that disclosure was required when concealed carrying.

How is this concealed?
Correct.

For those who think disclosure is required, it would behoove them to provide the cite (normally a requirement here anyways). Doing so would demonstrate to them that disclosure is only required when concealing.
 

Savage.Detroit

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Long winded question that maybe is already being asked:

So if you have a CPL and OC in PFZ (that only applies to non-CPL holders) and you do not disclose your possession of a CPL, would, at that point, an officer, who is ignorant that you have a CPL, have reasonable suspicion that you are commit a PFZ crime?
 

ghostrider

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Savage.Detroit wrote:
Long winded question that maybe is already being asked:

So if you have a CPL and OC in PFZ (that only applies to non-CPL holders) and you do not disclose your possession of a CPL, would, at that point, an officer, who is ignorant that you have a CPL, have reasonable suspicion that you are commit a PFZ crime?
Some claim to.
 

mikestilly

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This is notSIGfreed wrote:
mikestilly wrote:
SIGfreed wrote:
mikestilly wrote:
ID, CPL, running your record.. fishing fishing fishing. Like watching the outdoor channel. I wouldnt have produced any of that for them .. It would have had to been illegally seized.

  I admitted to carrying my firearm into the hospital, and I am certain it is on video somewhere, therefore they had cause to ask for both ID and CPL.

  And yes, they were fishing very hard.

Open Carrying in a hospital is completely legal. There is no law stating you must disclose (Produce ID/CPL) because you're open carrying in a PFZ.
I disagree, they only way I can open carry in a GFZ is with a CPL, therefore by doing so I am utilizing my CPL and must disclose when asked for ID.

ok then cite the law that states you must disclose while OCing. This is not a stop and ID state i.e. paperz please. I also have personal experience with this as well. Plymouth Ice Festival, OCing in a bar. Police officer called out & after explaing the law and calling it in over dispatch told us we're free to go back in. No ID/CPL was presented or given to the officers nor would we have given them up.
 

manicdevery

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Clio, Michigan, USA
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who is the prosecutor? just some guy who assumes what the law is without looking in to it?

but seriously could someone tell me who he is?

Thanks, Devery
 

1245A Defender

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north mason county, Washington, USA
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mikestilly wrote:
This is notSIGfreed wrote:
mikestilly wrote:
SIGfreed wrote:
mikestilly wrote:
ID, CPL, running your record.. fishing fishing fishing. Like watching the outdoor channel. I wouldnt have produced any of that for them .. It would have had to been illegally seized.

I admitted to carrying my firearm into the hospital, and I am certain it is on video somewhere, therefore they had cause to ask for both ID and CPL.

And yes, they were fishing very hard.

Open Carrying in a hospital is completely legal. There is no law stating you must disclose (Produce ID/CPL) because you're open carrying in a PFZ.
I disagree, they only way I can open carry in a GFZ is with a CPL, therefore by doing so I am utilizing my CPL and must disclose when asked for ID.

ok then cite the law that states you must disclose while OCing. This is not a stop and ID state i.e. paperz please. I also have personal experience with this as well. Plymouth Ice Festival, OCing in a bar. Police officer called out & after explaing the law and calling it in over dispatch told us we're free to go back in. No ID/CPL was presented or given to the officers nor would we have given them up.
i have to agree, and i like to compare it to driving a car.
the cop sees you drive in and park, he knows you need a license to drive a car,
unless you have committed a driving infraction, he cannot demand to see your license!
a cop sees you OCing in a bar, he knows you need a CPL to OC in a bar,
unless you commit a crime he has no RAS to demand your license!
 

CrimDoc

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This has been debated in other threads and it seems that there is no CLEAR Michigan case law covering this kind of situation as of yet (at least, no one has been able to cite any). However, based on case law from other States, my read is that SIGfreed WAS obligated to show his ID and CPL to the LEOs in this situation.

For the reasons stated by others: OC in a PFZ is illegal UNLESS one has a valid CPL. Consequently, until the LEO can establish otherwise, he/she can assume you are illegally carrying in a PFZ the moment he/she spots your firearm (or someone testifies to the fact that you've been OCing in the PFZ ... as in this case). This provides RAS and the justification for the investigation.

In my humble opinion (I'm a CJ professor, not a lawyer), SIGfreed would have been on VERY thin ice had he refused to show his CPL (whether he had to show his driver's license in addition to his CPL is less clear, since he was not actively carrying when questioned ... but why would you show one and refuse to show the other?) My guess is that he would have been charged with illegally carrying in a PFZ. Would the charges stick? Depends on the prosecutor and judge assigned to the case, and their read on the law, but if it were me, I sure as heck wouldn't want to risk it (nor spend the time/money to hire a lawyer to defend myself).

Beyond that ... the Sergent's assertion that "what you were doing was illegal, but I'll let you go THIS TIME ..." is pure bull$hit. When cops say that it means they can't make anything stick. OC in a PFZ is legal with a CPL ... period. And you do NOT have to "declare" at any point whether you are OCing or CCing (you CAN have it both ways ... contrary to what the LEO said).

The only way he would have been in legal trouble here is if he had refused to leave the premises (or stow his gun) when asked, or, if there was a clearly posted "no firearms on premises" sign on the main entrance and he ignored it. Then he could have been charged with trespassing.

mikestilly wrote:
SIGfreed wrote:
mikestilly wrote:
ID, CPL, running your record.. fishing fishing fishing. Like watching the outdoor channel. I wouldnt have produced any of that for them .. It would have had to been illegally seized.

I admited to carrying my firearm into the hospital, and I am certain it is on video somewhere, therefore they had cause to ask for both ID and CPL.

And yes, they were fishing very hard.

Open Carrying in a hospital is completely legal. There is no law stating you must disclose (Produce ID/CPL) because you're open carrying in a PFZ.
 
G

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Identification and a CPL can quite possibly be required. But the requirement to disclose that the person is in possession of a firearm certainly isn't, as the individual was not in possession of a concealed pistol.
 

SIGfreed

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Okafter readinghere in 28.425f, I agree disclosure of a CPL is not required when OC'ing in a GFZ even though one is required to do so.


[align=left]28.425f Concealed pistol license; possession; disclosure; violation; penalty; seizure; forfeiture.[/align]


[align=left]Sec. 5f. (1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that[/align]

[align=left]pistol in his or her possession at all times he or she is carrying a concealed pistol.[/align]

[align=left](2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show[/align]

[align=left]both of the following to a peace officer upon request by that peace officer:[/align]

[align=left](a) His or her license to carry a concealed pistol.[/align]

[align=left](b) His or her driver license or Michigan personal identification card.[/align]

[align=left](3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is[/align]

[align=left]stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his[/align]
or her person or in his or her vehicle.

That being said, an LEO when called is obligated to make sure no laws are being broken. So, do we want to work with them or against them? I thought this site was to help educate about the legality of open carry and how to work with LE for a positive change.
 

SIGfreed

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In other news, I am going to try to get a few minutes with the prosecutor today. I know it is Friday and I am betting he won't be there but I'm going to try.
 

mikestilly

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Yes we're here to educate but while you're under an investigation is not the time to do it. Road side debates in OC while you're under investigation by LEOs. We have the right to remain silent!
 

CrimDoc

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I think you hit the nail on the head with your last statement ... you had an opportunity to either demonstrate to law enforcement that we're responsible, law abiding citizens, who want to work with them to keep everyone safe ... or smart a$$es who are looking to trip them up on technicalities to make them look stupid.

Personally ... I think "option A" (which you took) is the much better choice (for the entire OC community).

As to the statute you cited ... I'm not sure it really applies here. What you have in this situation is a security guard essentially testifying to the LEO that "I observed this individual (you) breaking the law (i.e. carrying in a PFZ)." Until the LEO can establish that you WERE NOT breaking the law (because you have a valid CPL) I think he/she has RAS and can investigate, detain you if necessary, and even arrest you if he can't establish that what you were legal (which would have been the case had you refused to show your CPL).

Think of it this way: suppose someone observes you breaking into your OWN HOUSE (because you accidentally locked yourself out). What you're doing is perfectly legal, but neither the observer, nor the cops who show up, know that.

The cops will no doubt ask you to provide ID and prove that you live there (because just about EVERY bad guy who really IS doing a B&E claims that this is his house, his Mom's house, his girlfriend's house, his cousin's house etc.)

What do you think will happen if you say: "NO! I have no legal obligation to identify myself to you. Go away!"

You're going to get arrested ... this is actually pretty similar to the incident that triggered the famous "Obama beer summit" from a few years ago.



SIGfreed wrote:
Okafter readinghere in 28.425f, I agree disclosure of a CPL is not required when OC'ing in a GFZ even though one is required to do so.


[align=left]28.425f Concealed pistol license; possession; disclosure; violation; penalty; seizure; forfeiture.[/align]

[align=left]Sec. 5f. (1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that[/align]

[align=left]pistol in his or her possession at all times he or she is carrying a concealed pistol.[/align]

[align=left](2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show[/align]

[align=left]both of the following to a peace officer upon request by that peace officer:[/align]

[align=left](a) His or her license to carry a concealed pistol.[/align]

[align=left](b) His or her driver license or Michigan personal identification card.[/align]

[align=left](3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is[/align]

[align=left]stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his[/align]
or her person or in his or her vehicle.

That being said, an LEO when called is obligated to make sure no laws are being broken. So, do we want to work with them or against them? I thought this site was to help educate about the legality of open carry and how to work with LE for a positive change.
 

CrimDoc

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I do actually agree with you to a point Mike. I would have given the LEO my CPL and driver's license as asked, but probably would have declined to answer questions (beyond saying "no" to "Do you have your gun on you now?")

I certainly would not have "debated" with the LEO. If asked to leave the premises I would have complied. If charged with something (which didn't happen), I absolutely would have refused to say another word.

mikestilly wrote:
Yes we're here to educate but while you're under an investigation is not the time to do it. Road side debates in OC while you're under investigation by LEOs. We have the right to remain silent!
 

smellslikemichigan

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autosurgeon wrote:
Here is the pure and simple truth. While they told you they could arrest you they did not. This tells me they could not. If they could they would have. My guess is they are just hoping they scared you enough that you will not OC again.

If you need any help with this feel free to PM or email me.

ya, they like to bluster about being able to charge you. the chief of police told me the same thing after my run-in in marysville. if they CAN charge you, they WILL
 
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