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Thread: Parks and Public Places

  1. #1
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    Can someone explain to me how OC in public places works? I've seen several threads where people have stated that because a certain location is a "public place" that you cannot be asked to leave. What defines a public place? What about a park? Event such as an outdoor art show? Can the police ask you to leave a public place? Please link any applicable statutes/ordinances/AG opinions/etc. Thanks

  2. #2
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    ACT 105 of 1980, known as The Faxon-McNamee Act,defines 'Public Place [Property]' to mean:

    18.71 Sec. 1(f) 'Public Property' means Real Property or an Appurtenance to the Real Property which is owned by this State, a Public Agency [of Michigan], or by a College or University in this State. It may include a Structure, Enclosure, Facility, or Complex, including a Court, Mall, Park, or other Area, Feature, or Element used by this State, a College or University in this State, or other Public Agency [of Michigan]in the Conduct of the Agency's Business.

    ACT 319 of 1990, concerning Michigan Public Safety, directs that:

    123.1102 Sec. 2 A Local Unit [hence..., Public Agency as under 18.71 Sec. 1(f) of ACT 105 of 1980] 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.

    Lawful Possesion of a Pistol on Public Property is Legal, provided that Michigan Penal Code ACT 328 of 1931 XXXVII 750.224f and 750.234d are not being broken.

    Sec. 224f bars certain Persons from having Firearms in Michigan for 3 years, up to 5 years, if the underlining Felony was punishable by 4 years or more in Prison.

    Sec. 234d bars Carrying a Pistol in a 'Pistol Free Zone' unless a Person hasPermission from the Rightful Owneror Occupant of the Property, ora Valid CPL, issued under Michigan Public Safety Code 28.425a. 'Pistol Free Zones'are: 1. Banks, 2. Churches, 3. Courts, 4. Theatres, 5. Sports Arenas, 6. Day Care Centers, 7. Hospitals, or 8. Bars.



  3. #3
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    The police can ask you to do anything you want. They can ask to see inside your car, they can ask for your ID, they can even ask you out on a date. The question is whether or not legal obligations exist to do those things.

    Publicly ownedproperty is part of a city, township, county or state owned land. As such, unless it falls into the category of a criminal empowerment zone like a big stadium or a school where you don't have a real right to be without being a student parent or something, or a similar situation, then state preemption applies, and you may OC as allowed under state law.

    You mentioned Art Shows. If it was say, a High School groundsart show you were at OCing under your CPL, your right to be there would involve whether or not the schools administrator(s) want you there. If it's a public art show on public streets and sidewalks which aren't part of a criminal free fire zone, then the police have a right to ask you to leave or disarm or whatever, and you have a right to tell them no.

    Always be very careful about where you OC if you don't have a CPL, and to a smaller extent even if you do. As an OCer, you should ask yourself if it's legal to OC every time you go somewhere. That's how you avoid getting prosecuted.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    In Michigan it is pretty much Legal to Open Carry in about 99% of The State with a CPL.

    Open Carry in Public Schools is Legal thorughout Michigan with a CPL.

    Stadiums may or may not be Private Property. If a Stadium happens to be Private Property, then, if they do not want you there, then they ask you to leave.

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