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Carry in school

stainless1911

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Ok, so there really isnt anything permitting, or prohibiting it except 28.425o which specifies concealment?

When I was suspended, I was concentrating on learning what I couldnt do, as opposed to what we can do, which is why I was unclear about this. Since My suspension I have been focused on the laws pertaining to my activities. My CPL will be returned in late July, so Im now double checking what I will be doing under the authority of those laws.

OC is new to michigan, and OC in schools is still unknown to most, so I really want to be well versed in the area.

There is often a difference in knowing you can do something like this, and in being able to prove it, or speak with authority on the subject when faced with a LEO or other authority figure.

One other point, Am I correct in applying 123.1102 (preemption) in regards to schools? I beleive it applies, and that if asked to leave, I could refuse.
 

stainless1911

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CoonDog wrote:
aadvark wrote:
Since there is nothing standing in your way of Carrying a Firearm on School Property under Sec. 234d of The Michigan Penal Code, simply Carry your Firearm while there.
The prohibition on K-12 school carry is 750.237a.
Could you elaberate? Im reading the law right now, and its still unclear to me.
 

aadvark

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Michigan Penal Code Sec. 237a, moreover 750.237a(5)(c) holds that Michigan Penal Code 750.237a(4) does not apply to: ***, supra, '...a[n] Individual whoLicensed by this State or another State to Carry a Concealed Weapon' (CPL).

Remember though, under Michigan Public Safety Code 28.425o(1)(a), Concealed Pistols are not allowed in Schools.

A CPL gives you the authority to either Openly Carry or Conceal Carry a Pistol in Michigan.

***Notice, Open Carry in Michigan is Legal without a CPL, however; the number of places that you may Openly Carry are greatly enhanced once you have acquired a CPL from your Licensing Gun Board.***

Simply acquire a CPL and Open Carry while at School, and exempt yourself from the provisions of Michigan Public Safety Directive 28.425o and Michigan Penal Code 750.237a(1) through 750.237a(4).

The second of your questions would be best answered yes. Michigan ACT 319 of 1990* of Michigan Code Preempts Local Governments from enacting... or... any other manner... restricting... [the incident]... [the Right to]... [Keep and Bear Pistols].

***For exact verbiage, see Michigan Code 123.1102 of ACT 319 of 1990.***

There are two exceptions, neither of which authorizes a Local Government to deviate form the subject matter discussed here. The two exceptions are:

1. Sec. 3 of said aforementioned ACT 319 of 1990 allows Local Governments to prevent Employees of that Unit from having Pistols whilst at work.

2. Sec. 4 of said aforementioned ACT 319 of 1990 allows Local Governments to prevent the [wanton] Discharge of a Pistol within the Jurisdictional Limits of the Local Government.

***Sec. 1 of ACT 319of 1990 defines Pistol, as, basically, a Firearm with a barrel of less than 12 inches (mirrors FederalLaw). Also defines Local Government as a 'City', 'Village', 'Township', or 'County'.***

***By the way..., Schools are Public Buildings, and are, therefore, under the guise of State Preemption Code 123.1102. There is no such thing as Tresspassing on Property which you paid for.***

***I am about to leave for the day, but go back to page 1 and read the underlinded portion of my paragraph that I recently added in light of the explantions provided to you in thisArticle. I hope that you find them helpful stainless1911.***
 

CoonDog

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stainless1911 wrote:
Could you elaberate? Im reading the law right now, and its still unclear to me.
I can't help you with reading comprehension, but here's the relevant passage:

750.237a Individuals engaging in proscribed conduct; violation; penalties; definitions.
Sec. 237a.
(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.
 

CoonDog

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aardvark,

I agree with the net effect that that a CPL "allows" one to OC in a K-12 school, but rather than saying that a CPL gives authority for school carry, I would re-word the argument to say it exempts from the prohibition on on school carry:

A CPL exempts a person from the 750.237a prohibition on K-12 school carry.

Although the confluence of statutes makes it appear this way, a CPL does not actually confer the benefit of OC in K-12 schools, though the effect would be the same if it did.
 

eastmeyers

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Okay lets make it easy!

You may NOT carry a pistol on k-12 public school property, UNLESS you have a CPL and are OCing!

http://legislature.mi.gov/(S(aicks155ukts2v554a1ehz55))/mileg.aspx?page=getObject&objectName=mcl-750-237a

(c) An individual licensed by this state or another state to carry a concealed weapon.

God Bless

(Why speak lawyer when you can speak English) If someone is having a hard time understanding something why make it harder on them and bash them, when its easier to just explain it to them in laymans terms.
 

stainless1911

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:)^ yes, this.

Just to be clear, in 28.425o, theres a part that says "if he or she is dropping the student off at the school or picking up the child from the school. " Therefore I could open carry there, if I was also attending say, a 2 hour talent show? As I see it, 28... only concerns concealing, so I could OC at a school event.


ETA. Not trying to be redundant, but sometimes it pays to triple check. Besides, this info is useful to all.
 

eastmeyers

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CoonDog wrote:
eastmeyers wrote:
Okay lets make it easy!

You may NOT carry a pistol on k-12 public school property, UNLESS you have a CPL and are OCing!
Just to be clear, having a CPL is one of six exemptions listed in 750.237a; it's not the only one.

Very true, it is just the most common, and the one in question.

As for you Stainless, PERSONALLY I would NOT carry in a school unless I was OCing and have a CPL. Just so you are not harassed again, I suggest to you not to as well, please wait untill after you get your CPL back before OCing at a school, for any reason. I would hate to see you back in court.

God Bless
 

stainless1911

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eastmeyers wrote:
As for you Stainless, PERSONALLY I would NOT carry in a school unless I was OCing and have a CPL. Just so you are not harassed again, I suggest to you not to as well, please wait untill after you get your CPL back before OCing at a school, for any reason. I would hate to see you back in court.

God Bless
Thanks.:)FWIW, I dont CC, diddnt when I had a CPL, and really dont plan to in the future.
 

aadvark

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dougwg,

A Man can not be Arrested for merely following the Law..., but even if He were..., then, He could sue the Arresting Agency for all Damages and Attroney Fees associated therewith.
 

aadvark

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stainless1911 and eastmeyers,

Please forgive my long and drawn out explanations of Michigan Law. Although I am not a Lawyer..., I would like to become one someday.
 

dougwg

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aadvark wrote:
dougwg,

A Man can not be Arrested for merely following the Law..., but even if He were..., then, He could sue the Arresting Agency for all Damages and Attroney Fees associated therewith.
I like that lawyer speak...can't happen, but if it does....well then I guess it CAN happen eh?

Meanwhile he sits in jail because he hasn't any money for bail.

This happens a few time and the state just might have enough of a case to say that the home is "unsafe" for his 7y/o child because daddy keeps getting arrested and he's the only parent.

Yeah, tell me can't happen, we've all seen worse in the news paper and TV news.
 

aadvark

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dougwg,

I told you in no uncertain terms in my aforementioned post that I would like to be a Lawyer someday.

My Legal terminology double-speak is simply exercising the fulfillment of my dream through theposts and threadsat OpenCarry.org.

I agree with you that bad things happen to good People..., but bad things happen to everybody sooner or later.
 
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