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For those carrying on election day.

S

Small Arms Collector

Regular Member
Joined
Aug 30, 2010
Messages
53
Location
Eastpointe, MI
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/msp/MSP_Legal_Update_No._86_2_336854_7.pdf

AG Opinion 7113
http://www.ag.state.mi.us/opinion/datafiles/2000s/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/(S(tl...g.aspx?page=getObject&objectName=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/opinions/final/coa/20030429_c242237_47_85o.242237.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/(S(ia...eg.aspx?page=getObject&objectName=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/(S(ws...g.aspx?page=getObject&objectName=mcl-750-234d

MCL 28.425o
http://www.legislature.mi.gov/(S(3f...eg.aspx?page=getObject&objectName=mcl-28-425o

Thank you for your time.
 
W

Wglide90

Regular Member
Joined
Aug 21, 2009
Messages
126
Location
Belleville, Michigan, USA
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.
 
B

budlight

Regular Member
Joined
Sep 7, 2009
Messages
454
Location
Wyandotte, Michigan, USA
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.
 
S

Small Arms Collector

Regular Member
Joined
Aug 30, 2010
Messages
53
Location
Eastpointe, MI
budlight said:
Looks good.

I would recommend changing one thing, CCW to CPL.
Click to expand...

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.
 
H

Haman J.T.

New member
Joined
Feb 5, 2008
Messages
1,245
Location
, ,
budlight said:
Looks good.

I would recommend changing one thing, CCW to CPL.
Click to expand...
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!
 
NHCGRPR45

NHCGRPR45

Regular Member
Joined
May 30, 2010
Messages
1,131
Location
Chesterfield Township, MI
hamaneggs said:
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!
Click to expand...
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, :confused:
 
PDinDetroit

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
Some extra info:

MI Constitution of 1963 said:
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.
Click to expand...
Qualified Elector Definition:
http://legislature.mi.gov/doc.aspx?mcl-168-10

Elector Protection:
MCL 600.1825 said:
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.
Click to expand...
http://legislature.mi.gov/doc.aspx?mcl-600-1825
 
PDinDetroit

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
Last edited:
S

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
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!
 
FatboyCykes

FatboyCykes

Regular Member
Joined
Apr 3, 2009
Messages
942
Location
Warren, Michigan, USA
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 :)
 
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