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down the hatch tavern Lennon Michigan.

fozzy71

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Roseville, Michigan, USA

Michigun

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SuperSneakySteve wrote:
Correct me if I"m wrong, but I"d assume (the mother of all mess ups)most taverns make at least 51% of their income from alcohol.

Wouldn't it then be a pistol free zone?



A tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises
You are correct.....but..... if you open carry with a CPL you are exempt from some of the pistol free zones (including taverns).
 

fozzy71

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emoticon-00175-drunk.gif
 

Bronson

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Battle Creek, Michigan, USA
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Michigun wrote:
SuperSneakySteve wrote:
Correct me if I"m wrong, but I"d assume (the mother of all mess ups)most taverns make at least 51% of their income from alcohol.

Wouldn't it then be a pistol free zone?



A tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises
You are correct.....but..... if you open carry with a CPL you are exempt from some of the pistol free zones (including taverns).

Hi S.S. Steve and welcome. Michigun is correct and here'swhy (part of it anyway, the entire lawsare at the links). Bookmarkthem and refer tothem daily :D

Many people do not know that Michigan has two distinct laws that deal with firearms possesseion/pistol free zones. One deals with general firearms possession i.e. open carry and the other deals specifically with concealed carry which you're probably familiar with if you've taken a CPL course.

You are confusing the laws for the concealed carry pistol free zones (no carry if primary source of income blah blah blah) and the open carry pistol free zones. If you are open carrying the concealed carry pistol free zones do not apply to you and if you have a valid CPL most of the open carry pistol free zones do not apply to you either. Below is an excerpt of the law that deals with open carry pistol free zones.



750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.



Sec. 234d.

(1) Except as 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, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws. (research has found that this equals any establishment licensed to sell alcohol in ANY capacity. This means the corner store or the gas station or the drug store...ANY license to sell alcohol, Bronson)

(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.

To recap, if you have a CPL or if you have the owners permssion to possess a firearm on the premises listed above then these pistol free zones do not apply to you. And since MCL 28.425o only deals with someone who is lawfully concealing a pistol those zones do not apply to open carriers either.

It's a common point of confusion for new folks interested in open carry. Study up on those two laws and the state firearms pre-emption law and you'll have a leg up in regards to firearms laws on most people in the state.

Bronson
 

anetsprungen

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Well, then, to each his own.

I've been drinking since 1972, the year I turned 18, when it was the legal drinking age and my father took me to his favorite tavern.

Over the years I've consumed less and less, going months without a drink of beer, wine or distilled alcohol; however, I keep all of them on the premises, in case the mood should hit me. As in all things I consume, moderation is the key.

Since I work at a federal installation, I never take a gun with me during the work week, which makes stopping off for a drink with coworkers a non-issue.

Besides my interest in the open carry movement, I am also have an avid interest in micro-brews. I do not find them mutually exclusive. But I do find them to be like vinegar & oil.

Different strokes for different folks!


Roy
:cool:
 

Venator

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Lansing area, Michigan, USA
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SuperSneakySteve wrote:
Correct me if I"m wrong, but I"d assume (the mother of all mess ups)most taverns make at least 51% of their income from alcohol.

Wouldn't it then be a pistol free zone?



A tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises
Yes for concealed carry, but OC is allowed either with a CPL or with permission. And not just bars, but all these places as well (except courts). .234d exempts a CPL holder.

750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.

Sec. 234d.

(1) Except as 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. (NO CARRY IN COURTS because of MSC rules)

(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, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.

(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.

(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.






 

Leader

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Livingston Co., Michigan, , USA
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To the OP I would say, *MOST* people don't know or care that the law allows you to open carry in a bar with a CPL, they just quote the liquor & guns don't mix mantra.

I'm sure the bartender has been told it's against the law & never had a reason to question it.

The fact that many police officers drink in bars while armed everyday doesn't even enter their minds. The fact that many gun owners have been drinking while handling guns for as long as there has been gunpowder doesn't matter. Just think of a deer camp just a few years ago. Lots of guns & lots of alcohol. No mass killings that I remember hearing about.
 

PDinDetroit

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SE, Michigan, USA
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Leader wrote:
To the OP I would say, *MOST* people don't know or care that the law allows you to open carry in a bar with a CPL, they just quote the liquor & guns don't mix mantra.

I'm sure the bartender has been told it's against the law & never had a reason to question it.

The fact that many police officers drink in bars while armed everyday doesn't even enter their minds. The fact that many gun owners have been drinking while handling guns for as long as there has been gunpowder doesn't matter. Just think of a deer camp just a few years ago. Lots of guns & lots of alcohol. No mass killings that I remember hearing about.
Except for the supposed deer killings!!! :shock:

Kinda like fish stories... :lol:
 

SuperSneakySteve

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That's great to know that you can OC in a bar, but my next question would be. If you're OC then are you still subject to these low BACs?

  1. An individual carrying a concealed pistol with any BAC is subject to immediate seizure of their pistol and the following penalties:

  1. BAC of .02 - .07 = State civil infraction, $100 fine, and up to 1-year CCW license revocation.
  • BAC of .08 - .09 = 93-day misdemeanor, $100 fine, and up to 3-year CCW license revocation.
  • BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CCW license revocation.


http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10961--,00.html
 

fozzy71

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Roseville, Michigan, USA
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SuperSneakySteve wrote:
That's great to know that you can OC in a bar, but my next question would be. If you're OC then are you still subject to these low BACs?

  1. An individual carrying a concealed pistol with any BAC is subject to immediate seizure of their pistol and the following penalties:

  1. BAC of .02 - .07 = State civil infraction, $100 fine, and up to 1-year CCW license revocation.
  • BAC of .08 - .09 = 93-day misdemeanor, $100 fine, and up to 3-year CCW license revocation.
  • BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CCW license revocation.
 

http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10961--,00.html


Notice the bold?
 
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