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Thread: For those carrying on election day.

  1. #1
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    For those carrying on election day.

    Some of us have polling places that are in "Pistol Free Zones", as you know as long as you have a CPL, and carry openly you may carry there, but I thought I'd provide a message to E Mail to your local police chiefs, or Sheriff to inform them of the law in case they do not know. Here is the message I sent to mine:

    Hello, I wanted to write you to inform you of certain aspects of Michigan law as well as give you the Latest MSP Legal Update, just in case you are not already familiar with these aspects of law as they may become an issue on Election day. Some polling places have been located in schools, as you know schools are also listed as "Pistol Free Zones" per MCL 750.234d, and MCL 28.425o however MCL 750.234d does not apply to those with valid CCW Licences, and MCL 28.425o only applies to concealed pistols, not open carry. Therefor if one posses a CCW License, and is carrying openly they may carry in the "Pistol Free Zones" this issue is addressed in the latest MSP Update dated October 26th 2010, as well as Attorney General Opinion 7113, I have provided both for your review here:

    MSP Legal Update Number 86
    http://www.michigan.gov/documents/ms...2_336854_7.pdf

    AG Opinion 7113
    http://www.ag.state.mi.us/opinion/da...0s/op10188.htm

    I'm making you aware of this as there are those who will choose to openly carry a firearm this election day for their personal protection despite that polling place being in a "Pistol Free Zone", and as long as they posses a valid CCW License, and are carrying openly they may do so without violating the law. Federal Law also makes an exemption to those who posses a valid CCW License whether concealed, or openly carried. It should be noted though that despite this letter being prompted by the coming election, and specifically referring to such this fact remains true at all times of the year for those people who choose to provide for their defense in this way.

    Also important to mention is Michigan's Preemption Law MCL 123.1102 which as I'm sure you are aware invalidates any local law, ordinance, or rule that is more restrictive than state law, the law is provided below for your reference:

    MCL 123.1102
    http://www.legislature.mi.gov/%28S%2...e=mcl-123-1102

    Also this has been held to apply to all public buildings, please see the following cite:

    MCRGO v Ferndale, 256 Mich. App. 401, (2003)
    http://coa.courts.mi.gov/documents/o...37.opn.coa.pdf

    It's also important to note that there is no requirement for a CCW holder to present their license unless they are actually carrying concealed, and only then by request, unless it is a traffic stop. The relevant section of law is listed below:

    MCL 28.425f
    http://www.legislature.mi.gov/%28S%2...me=mcl-28-425f

    I'm sure there will not be a problem, this information was provided only as a courtesy.

    If the links in the first paragraph don't work here are the manual links:

    MCL 750.234d
    http://www.legislature.mi.gov/%28S%2...e=mcl-750-234d

    MCL 28.425o
    http://www.legislature.mi.gov/%28S%2...me=mcl-28-425o

    Thank you for your time.

  2. #2
    Campaign Veteran Glock9mmOldStyle's Avatar
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    Thumbs up +1

    Nicely done SAC.

  3. #3
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    Looks good.

    I would recommend changing one thing, CCW to CPL.

  4. #4
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    Ya. I plan on OCg @ poll in school as I did @ primary. No one was bothered. I think the letter is great, 'cept should change CCW to CPL as mentioned. Good idea to send out if local PD need enlightenment. The MSP update will be great help.

  5. #5
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    Just a reminder, if your poll is in a PFZ, make sure you have a CPL.

    I don't know if any discounts will be given for voting in a PFZ without a CPL. At least I wouldn't want to chance it.

  6. #6
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    Quote Originally Posted by budlight View Post
    Looks good.

    I would recommend changing one thing, CCW to CPL.
    I thought of that as I was writing it, but CCW is the "general" term, and that's what some departments (like mine) seem to refer to it as, and you never know whos desk it's going to end up on. I figured it would be easy enough to edit.

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    Quote Originally Posted by PDinDetroit View Post
    What a joke. The person that denied the cop entry to vote should be FIRED on the spot.

  9. #9
    Regular Member autosurgeon's Avatar
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    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  10. #10
    Activist Member hamaneggs's Avatar
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    Quote Originally Posted by budlight View Post
    Looks good.

    I would recommend changing one thing, CCW to CPL.
    I agree,but I'm sorry to say that some LEO's don't recognize CPL but continue to say CCW! When will they learn? Thank You for your actions and your support of your fellow citizens!God Bless!
    Today JESUS would tell me to sell my coat and buy two Springfield XD Compact 45acp's!

    NRA LIFER,GOA,MOC Inc.,CLSD,MCRGO,UAW! MOLON LABE!!

  11. #11
    Regular Member NHCGRPR45's Avatar
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    Quote Originally Posted by hamaneggs View Post
    I agree,but I'm sorry to say that some LEO's don't recognize CPL but continue to say CCW! When will they learn? Thank You for your actions and your support of your fellow citizens!God Bless!
    well i plan on OC'ing in my polling place its an elementary school, and i plan on the same dirty looks i got the last time, i wish it were diffrent but it is what it is. but i believe OC in MI is becoming more mainstream, at least for me it is. i still some time feel like i am out of place, or that uncomfortable feeling in the gut. especially when in areas i feel like i might get challenged by LEO birmingham, and a few other places. but its getting easier after over 6 months of OC and my fair share of bad and good OC encounters, far more good than bad BTW which honestly surprised me.

    i didn't by into the open carry argument when i first heard about it, to tell the truth i was against it. even though i believed it would indeed be a faster draw i thought that i would be "giving away my suprise".. till i made the logical next step in that senario, if i don't get bothered because the BG sees that i am armed in the first place then hows that a bad thing? it was a seminar at gander mountain that finally brought me around fully to support OC and the fact i was active in supporting the royal oak issue finally absolutely sold me to the idea.

    i think i rambled again sorry i do that,
    But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Declaration of Independence July 4, 1776

    Michigan Concealed Pistol Instructor. Cost 80.00 With advanced techniques included free. PM for more information!

  12. #12
    Regular Member Michigun's Avatar
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    on the link to the Bangor news page:

    Today's poll
    Should citizens be allowed to vote while armed?
    http://www.bangordailynews.com/detail/157678.html

  13. #13
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    92%! more than I thought

  14. #14
    Regular Member PDinDetroit's Avatar
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    Some extra info:

    Quote Originally Posted by MI Constitution of 1963
    ARTICLE II
    Elections
    § 1 Qualifications of electors; residence.
    Sec. 1. Every citizen of the United States who has attained the age of 21 years, who has resided in this state six months, and who meets the requirements of local residence provided by law, shall be an elector and qualified to vote in any election except as otherwise provided in this constitution. The legislature shall define residence for voting purposes.
    History: Const. 1963, Art. II, §1, Eff. Jan. 1, 1964.
    Compiler’s note: U.S. Const., Amendment XXVI, §1, provides: “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”
    Former Constitution: See Const. 1908, Art. III, §§1-3.
    Qualified Elector Definition:
    http://legislature.mi.gov/doc.aspx?mcl-168-10

    Elector Protection:
    Quote Originally Posted by MCL 600.1825
    600.1825 Arrest; privileged persons.

    Sec. 1825.

    (1) Every elector is privileged from arrest while going to, attending, and returning from elections in all cases except for treason, felony, or breach of the peace.
    http://legislature.mi.gov/doc.aspx?mcl-600-1825

  15. #15
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    Electors are protected from civil arrest while traveling to and from voting, and while voting, but not criminal arrest.

    See AG opinion 4443 of 1966 for further information.

    Quote Originally Posted by PDinDetroit View Post
    Some extra info:


    Qualified Elector Definition:
    http://legislature.mi.gov/doc.aspx?mcl-168-10

    Elector Protection:

    http://legislature.mi.gov/doc.aspx?mcl-600-1825

  16. #16
    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by warrior1978 View Post
    Electors are protected from civil arrest while traveling to and from voting, and while voting, but not criminal arrest.

    See AG opinion 4443 of 1966 for further information.
    Have a link? The MI AG Site has Opinions back to 1963, but 4443 is not listed.

    ETA: Never mind, the MI AG Site did not find this by Opinion Number, but you can find it if you look by Numerical Listing.

    http://www.ag.state.mi.us/opinion/da...0s/op03241.pdf
    Last edited by PDinDetroit; 11-02-2010 at 10:21 AM.

  17. #17
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    OCed in my polling place while voting today. It happened to be an Elementary school(used to be the city library, oh well). Couple looks, but no issues to speak of. VOTE, VOTE , VOTE!

  18. #18
    Anti-Saldana Freedom Fighter Venator's Avatar
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    I OCed at my voting place (Towhship hall), no problems.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  19. #19
    Regular Member FatboyCykes's Avatar
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    Just got back from the local middle school. Was approached by one of the volunteers who informed me that I was unable to carry in a school, she knew this because her husband as a "CCW". I politely corrected her, but left it at that. Waited for the wife and left w/o any incidences

  20. #20
    Regular Member PDinDetroit's Avatar
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    I OC'ed while voting at Royal Oak High School, no issues, no stares. As it should be.

  21. #21
    Regular Member Bikenut's Avatar
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    OC'd while voting today....... no issues... not even many looks.. no big deal. As it most certainly should be.
    Gun control isn't about the gun at all.... for those who want gun control it is all about their own fragile egos, their own lack of self esteem, their own inner fears, and most importantly... their own desire to dominate others. And an openly carried gun is a slap in the face to all of those things.

  22. #22
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    i voted. no problems. planning to attend lapeer county tea party's party tonight

    Last edited by lapeer20m; 11-02-2010 at 03:43 PM.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  23. #23
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    I forgot my "I voted" sticker because I was talking with someone about OC.

  24. #24
    Regular Member HeroHog's Avatar
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    Thumbs up

    I OCed again today when I voted wearing my NRA cap and had no issues at all. It was all smiles and friendly chatter. I was in and out in 3 minutes tops. I was dressed as shown below but wearing my NRA hat. The shirt is my BayouShooters.com shirt.

    Click image for larger version. 

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    I don't have NEAR enough ammo on hand. `nuff said.

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  25. #25
    Regular Member detroit_fan's Avatar
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    Quote Originally Posted by HeroHog View Post
    I OCed again today when I voted wearing my NRA cap and had no issues at all. It was all smiles and friendly chatter. I was in and out in 3 minutes tops. I was dressed as shown below but wearing my NRA hat. The shirt is my BayouShooters.com shirt.

    Click image for larger version. 

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    Very nice to see people OC'ing while voting all over the country!

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