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Michigan CPL video

lapeer20m

Regular Member
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Jul 22, 2009
Messages
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Near Lapeer (Hadley), Michigan, USA
I just finished this video all about Michigan's concealed pistol license laws. I got the idea from a video i watched in regards to Florida law. (I am planning to visit florida soon)

Please tell me what you think, and what should be changed. I am hoping this will be a good resource for people coming to visit our state, as well as those who live here and are unfamiliar with the cpl laws.

thanks

*edited*

new updated video:
http://www.youtube.com/watch?v=xneMKErztIE
 
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MarineSgt

Regular Member
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Mar 31, 2009
Messages
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Allendale, Michigan, USA
I just finished this video all about Michigan's concealed pistol license laws. I got the idea from a video i watched in regards to Florida law. (I am planning to visit florida soon)

Please tell me what you think, and what should be changed. I am hoping this will be a good resource for people coming to visit our state, as well as those who live here and are unfamiliar with the cpl laws.

thanks

Here is the link, although the vid is not yet finished processing.

http://www.youtube.com/watch?v=5bbMDK038xw

Watching now...

So far the Possession of a firearm with alcohol in your system on the video is wrong. While CCing with a CPL the max BAC is .02 and while OCing it is .08.

You mention that carrying on UofM campus is a serious offense. What are the consequences for doing so?

GFZs are federal, PFZ are State. Having a PP permit excepts one from the federal GFZs (such as 1000 ft from a school). Having a CPL allows you to OC in State PFZs -- which you had correct.

Good Job on the video!
 
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Venator

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Messages
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Lansing area, Michigan, USA
Watching now...

So far the Possession of a firearm with alcohol in your system on the video is wrong. While CCing with a CPL the max BAC is .02 and while OCing it is .08.

You mention that carrying on UofM campus is a serious offense. What are the consequences for doing so?

GFZs are federal, PFZ are State. Having a PP permit excepts one from the federal GFZs (such as 1000 ft from a school). Having a CPL allows you to OC in State PFZs -- which you had correct.

Good Job on the video!
I heard that as well. From my barkeepers guide to firearm possession

CONSUMING ALCOHOLIC BEVERAGES while in possession of a firearm.

A person can consume alcohol while in possession of a firearm, but statutes exist on how much blood alcohol a person can have before being in violation of either a civil infraction or a misdemeanor.
It is a misdemeanor for a person without a CPL to be under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance or has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. Appendix-A contains the applicable statutes.

A CPL holder carrying a concealed weapon and found to have a bodily alcohol content of .02 to less than .08 can be found guilty of a civil infraction. If the blood alcohol level is at or higher than .08 they can be found guilty of a misdemeanor. Appendix-A contains the applicable statutes.
 

DrTodd

Michigan Moderator
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Jun 20, 2008
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Hudsonville , Michigan, USA
I'd say you've done rather well.
I especially appreciate your statement regarding the "casino" restriction for concealed carry under MCL 28.425o as it ONLY applies to casinos controlled under the Michigan Gaming Control And Revenue Act (Detroit area casinos).

Native American tribes are sovereign nations and, as such, the State of Michigan does not have general regulatory authority over Native American casinos. These casinos are, however, regulated by the National Indian Gaming Commission and the government of the appropriate tribal community. I have been unable to find any rule or regulation that prohibits a CPL holder from carrying a concealed pistol in the Native American casinos.


MCL 28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation; penalties.
<snip>

(2) An individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol in violation of R 432.1212 or a successor rule of the Michigan administrative code promulgated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
 

Beerme

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Mar 25, 2010
Messages
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Location
Waterford, Michigan, USA
you are wrong about possessing a handgun in a vehicle, one can also posses an unloaded handgun in a case in the trunk and is is not concealed.

alcohol is wrong
.02 for concealed
.08 for open

it is a serious offense to carry a handgun on UofM property?
why?
what will you charged with?
What are the consequences?
need to elaborate.

maybe some other state college properties???????
MAYBE?
how is maybe informative?
 

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
You need a driver's license OR State Issued ID.

Consider citing applicable statutes while giving facts.

RE Feds. The law says I believe, any building which regularly houses one or more Federal Employee.

Nice picture -- of your wife? Regardless of who, I approve!

Nice job.
 

lapeer20m

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Jul 22, 2009
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Near Lapeer (Hadley), Michigan, USA
I appreciate the feedback.

was wrong about alcohol. Thank you for pointing this out. I will fix the video.

I actually had the exception about carrying pistol in the trunk of your car, but edited it out because of time constraints and it is a video about cpl holders. I believe it to be a grey area when it comes to a cpl holder transporting a pistol unloaded in a case in the trunk while not in possession of your cpl.
 

lapeer20m

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Messages
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Near Lapeer (Hadley), Michigan, USA
I was also wrong about u of m property. It is only a misdemeanor

Section 5. Violation Penalty.
A person who violates this Article X is guilty of a misdemeanor, and upon conviction, punishable by imprisonment for not less than ten (10) days and no more than sixty (60) days, or by fine of not more than fifty dollars ($50.00) or both.

http://www.umd.umich.edu/317101/

Perhaps I should include a link in the video for a page with a list of cites to authority.
 
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MarineSgt

Regular Member
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Mar 31, 2009
Messages
195
Location
Allendale, Michigan, USA
I was also wrong about u of m property. It is only a misdemeanor

Section 5. Violation Penalty.
A person who violates this Article X is guilty of a misdemeanor, and upon conviction, punishable by imprisonment for not less than ten (10) days and no more than sixty (60) days, or by fine of not more than fifty dollars ($50.00) or both.

http://www.umd.umich.edu/317101/

Perhaps I should include a link in the video for a page with a list of cites to authority.

In what document does Section 5 reside?
Who prosecutes? How can U of M make something a crime? How can they punish someone who is not a student? Could they make possessing off-brand crayons a misdemeanor crime punishable by law?
 
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Venator

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Lansing area, Michigan, USA
In what document does Section 5 reside?
Who prosecutes? How can U of M make something a crime? How can they punish someone who is not a student? Could they make possessing off-brand crayons a misdemeanor crime punishable by law?

Most Colleges are allowed to enact ordinances, for sure MSU, UoM and Wayne state. They can and do prosecute for misdemeanors and civil infractions. Many large universities have their own police force.

They have private attorneys that prosecute, just like city attorneys.

Crayons? Yes they can.
 

MarineSgt

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Messages
195
Location
Allendale, Michigan, USA
Most Colleges are allowed to enact ordinances, for sure MSU, UoM and Wayne state. They can and do prosecute for misdemeanors and civil infractions. Many large universities have their own police force.

They have private attorneys that prosecute, just like city attorneys.

Crayons? Yes they can.

Do they maintain a jail? What compels someone to show to their "court?"
 

T Vance

Regular Member
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Mar 22, 2009
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Not on this website, USA
Great job taking the time to make a video like this. This is fantastic for people who are auditory learners and have trouble understanding forums, or other written material.

A few things to point out though...

1) The alcohol section is incorrect as pointed out by others.
- Concealed = you must have a BAC (Blood Alcohol Concentration) BELOW 0.02
- Open = you must have a BAC (Blood Alcohol Concentration) BELOW 0.08

2) Casinos - There are other casino's in Michigan; not just Detroit. This may mislead some people into believing that you may be able to carry into other casinos within the state.

3) OC in PFZ's - You should clarify that you can ONLY OC in a PFZ with a CPL (I didn't hear that stated in the video)

4) Maybe other state college's - I understand what you are trying to say here, but others may not. Clarify it.

Unless I missed something, the video is good and has potential. Fix the items above and you'll have a very useful tool for people to use.
 

TheQ

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Do they maintain a jail? What compels someone to show to their "court?"

"Their" court is the Circuit or District Court for that region of the State of Michigan. Campuses with their own Duputized Law Enforcement agencies have these agencies report violations of the law (The Campus' law -- which if they have a LEA are authorized by their Michigan Charter to create laws to promote "safety" on campus OR State/other local law) to the local area Court. This is a MICHIGAN Court. If you decide not to show, a contempt of court/failure to appear will be placed on your head and a bench warrant issued for your arrest.

I hope this answers your question.
 

Venator

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Lansing area, Michigan, USA
Do they maintain a jail? What compels someone to show to their "court?"
Oh I don't know warrants for their arrest I suspect. They use the state courts and county jails. Some may have holding cells I don't know. College and universities are like units of government. These are not parking tickets these are misdemeanors with fines and jail time for some convictions. They have a lot of power.

MSU ordinances and powers. http://trustees.msu.edu/ordinances/

6.01 Misdemeanor
6.02 Civil Infraction

.01 Whosoever shall refuse or fail to conform to the provisions of these ordinances shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined and/or imprisoned in the county jail of the county wherein the offense was committed, for not more than 90 days and/or a 100 (one hundred) dollar fine.

.02 Whosoever shall refuse or fail to conform to ordinances the violation of which constitutes a civil infraction, as denoted by an asterisk (*) shall be subject to civil sanctions as provided by law.
 
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DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
Great job taking the time to make a video like this. This is fantastic for people who are auditory learners and have trouble understanding forums, or other written material.

A few things to point out though...

1) The alcohol section is incorrect as pointed out by others.
- Concealed = you must have a BAC (Blood Alcohol Concentration) BELOW 0.02
- Open = you must have a BAC (Blood Alcohol Concentration) BELOW 0.08

2) Casinos - There are other casino's in Michigan; not just Detroit. This may mislead some people into believing that you may be able to carry into other casinos within the state.

3) OC in PFZ's - You should clarify that you can ONLY OC in a PFZ with a CPL (I didn't hear that stated in the video)

4) Maybe other state college's - I understand what you are trying to say here, but others may not. Clarify it.

Unless I missed something, the video is good and has potential. Fix the items above and you'll have a very useful tool for people to use.

Regarding #2, did you even read my post above? The MCL 28.425o restrictions DO NOT APPLY to Native American casinos. The NA casinos MAY have their own restriction (I haven't found any). Are there any casinos other than Native American or 'Detroit area'? The State of Michigan Gaming Commission didn't list any.
 
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ken243

Regular Member
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Jul 18, 2010
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140
Location
Clio, MI
Ok, so U of M or other college with their own police force can enact and enforce ordnances. So, to me that sounds like a local unit of government.... MCL 123.1102 Any case law on this? I think I would be willing to go to court on that one.... That is if HB 4009 does not pass before June.
 

Venator

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Ok, so U of M or other college with their own police force can enact and enforce ordnances. So, to me that sounds like a local unit of government.... MCL 123.1102 Any case law on this? I think I would be willing to go to court on that one.... That is if HB 4009 does not pass before June.
They are working on modifying the preemption law.

Passing 4009 WOULD NOT change anything in regards to universities, et al. Why? Because they are not mentioned under preemption. So they can still ban firearms.

Hence the working on including them and any other sub-division of a public institution under preemption. If they recieve public money they need to be under preemption.
 

lapeer20m

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Here is the narration text from the video for those who would rather read than watch/listen.

The new video link will be posted shortly...

I am not a lawyer, nothing in this video is meant to be legal advice. I encourage you to visit the Michigan legislature homepage and search the relevant firearm laws. (MCL = Michigan Compiled Laws)
This video is meant to be a general overview of firearm law for concealed pistol license holders. There are a different set of firearm laws that apply to citizens who do not have a cpl.
In this video, the terms “may not” Shall Not” and “cannot” all have the same meaning and refer to activities that are prohibited by law.
Michigan firearm possession laws are more complex than most states, but also less restrictive.
First of all, if you have a Michigan ccw, you cannot possess a firearm. In this state, CCW is not a license; it is a crime: aka “carrying a concealed weapon”. It is a felony. Felons are not allowed to be in possession of firearms.
As a resident of this state to legally carry a concealed pistol in Michigan, you must have a concealed pistol(s) license and a driver license.
Also, the pistol must be registered.
Possession of a pistol in a vehicle also requires a concealed pistol license, even if the pistol is in plain view.
If carrying concealed or carrying in your vehicle, and stopped by a law enforcement officer, you must immediately disclose that you are carrying a concealed pistol. Even if you are stopped by an officer, and you are not in a vehicle, you must IMMEDIATELY disclose that you are carrying a concealed pistol. The term “stopped” is not clearly defined in the statute, but is considered by many to be referring to a terry stop or official “stop.” If you are in a vehicle, it is pretty easy to know when you are being stopped, it can be less clear if you are stopped while on foot, or sitting at a table. for instance If you pass an officer while walking down the sidewalk and say hello to each other as your paths cross, you do not have to disclose. If however you encounter a police officer and you feel you are not free to go, then you should disclose. If in doubt, disclose!
It is important to note, you are only required to disclose if you are carrying a concealed pistol, or if you have a pistol in your vehicle. If you are not in a vehicle, and you are carrying your pistol in a holster on the outside of your clothing, ie: open carry, then you are not required to disclose.
You are also required to show your ID and CPL upon request during a stop if you are carrying a concealed pistol.
Alcohol: concealed carry of a pistol with blood alcohol content of 0.02 and above is a civil infraction. Possession of any firearm, concealed or otherwise with Bac of 0.08 and above is a misdemeanor.
If a private business, or other private property owner or agent requests that you leave their premises due to your firearm or any other reason, you should do so immediately. Not leaving private property when requested to do so can net you a trespassing charge.
Michigan has two general types of firearm laws: The first type include places that are off limits to firearm possession. We’ll call them Gun free zones. The other type laws restrict the possession of “concealed” pistols on certain premises; these are generally referred to as Pistol Free Zones. PFZ is a misnomer….These zones are more correctly “Premises on which carrying a CONCEALED pistol is prohibited.

Here is a list of Gun free zones:
Most Federal properties. IRS, USPS, FBI, CIA, Army, Navy, Air Force, USMC, National Guard, etc. You cannot have a firearm on the premises. It is not permissible to leave your pistol in your vehicle when you are on federal property.
Possession is generally allowed in national parks, forests etc.
You also may not possess a firearm at any Detroit Casino. Casino is defined as the building where gaming takes place. Presumably you can secure your pistol in your vehicle while on casino property.
Most Courts Prohibit possession of firearms inside the Court building. Some buildings have a court on just one floor, or just one room, and the court decides to make the entire building off limits to firearms.
University of Michigan prohibits the possession of firearms on university property. Possession of a firearm on U of M property is a serious offense.
That is it for Gun Free Zones
The next set of laws are just for cpl holders, and only apply only to concealed pistols.
These laws do not apply to long guns, rifles, shotguns, or unconcealed pistols….The list is found in mcl 28.425o (also found on the back of your MI CPL…with the exception of a casino.)
You may not carry a concealed pistol on the premises of any of the following:
A school or school property unless you are in a vehicle dropping your kid off or picking your kid up.
Child care/day care center, Child placing agency, or Child caring institution
A sports arena or stadium
A bar or tavern where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This one is tricky, because there is not necessarily a good method to know how much of their income comes from alcohol, and how much comes from other stuff, like food, entertainment, non-alcohol drinks. It is OK to carry concealed in A restaurant that serves alcohol, as long as the majority of their income is not from alcohol. If it looks like a bar, it probably is. If in doubt, don’t carry concealed inside such an establishment.
A church, or church property…includes mosque, synagogue, etc. The one caveat here is that you may carry concealed with permission from the church official
A hospital
An entertainment facility with seating capacity of 2,500 or more. This presumably includes movie theatre’s, and other places of entertainment.
A dormitory or classroom of a college or university
“Premises” does not include parking areas of any of the places listed on the back of your cpl. It is important to note that this exception only applies to PFZ’s. Premises of federal properties for example, are still off limits to firearm possession.
If visiting any of the premises listed on the back of your cpl, you have more than one option. You can secure your pistol in your vehicle, or you can open carry, with the exception of a casino. You may not possess any firearms open or concealed inside a casino building where gaming takes place.
Open carry is defined as a pistol carried in plain view in a holster on the outside of clothing. Open carry is not considered brandishing.
In essence, the legislature requires an individual to open carry if they wish to possess a firearm on these premises.
A local unit 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,
Contrary to popular belief, here are some places where you CAN possess a firearm with a cpl, although cpl is not necessarily required.
Banks are ok
Police Stations are ok
All non-federal Government buildings are ok, with some exceptions for secured areas of a jail.
Polling places are ok
Airports are ok if you stay out of the “sterile areas” controlled by tsa.
Public meetings including city council, township board, etc are ok
Public transportation is ok
To sum things up. With a cpl, about the only places you cannot open carry a firearm are:
Court
Casino
Federal Property
Some college and university properties.
Colleges are not necessarily considered a local unit of government so preemption does not apply.
Some Colleges or universities have the authority to create rules that carry the weight of law.
 
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