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Open carry into Meijer, Walmart

Big Gay Al

Big Gay Al

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Mason, Michigan, USA
Ok, you asked for it, here it is.

750.234d Possession of firearm on certain premises prohibited; applicability; violation asmisdemeanor; penalty.
Sec. 234d. (1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of
any of the following:
(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(b) A church or other house of religious worship.
(c) A court.
(d) A theatre.
(e) A sports arena.
(f) A day care center.
(g) A hospital.
(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the
Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.
(2) This section does not apply to any of the following:
(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the
possession of that firearm is to provide security services for that entity.
(b) A peace officer.
(c) A person licensed by this state or another state to carry a concealed weapon.
(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that
possession is with the permission of the owner or an agent of the owner of that entity.
(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not more than $100.00, or both.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991;Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992;Am. 1994, Act 158, Eff. Aug. 15,
1994.
Click to expand...

The above assumes you DO NOT have a Concealed Pistol License.
 
B

Bikenut

Guest
ajelias said:
Thanks much Thats what I was After
Click to expand...

"a person shall not possess a firearm on the premises of"

Please take note that "shall not possess" means much more that just open carry of a pistol... it also means that those who do not have a CPL cannot have a firearm at all... cannot "possess" a firearm in any manner...

And that "premises" means much more than just inside the building... "premises" means the entire property including the parking lot....
 
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Big Gay Al

Big Gay Al

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ajelias said:
My friend claims the law is refering to by the glass establishments only
Click to expand...
Your friend is wrong. The law clearly states that it is unlawful to possess a firearm in... "An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws." Businesses that are licensed to sell packaged alcohol fall under the above. There fore, it is illegal to possess a firearm in Meijer, Walmart, or any other store that sells packaged alcohol.

The list I provided is merely the list of prohibited places where you cannot Open carry if you do not have a CPL. The list of prohibited places for CPL holders is somewhat different.
 
Shadow Bear

Shadow Bear

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Grand Rapids
ajelias said:
My friend claims the law is refering to by the glass establishments only
Click to expand...

Let us know how his case is decided. We're always looking for volunteers with the strength of their beliefs to take the battle to the gates.

Choose your friends by the law school they graduated from, and if they will defend you pro bono.
 
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L

lapeer20m

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Near Lapeer (Hadley), Michigan, USA
it's a terribly thought out law. Every non-cpl hunter in the state that travels with a long gun cased in his vehicle and stop's at a gas station, wal-mart, meijer, or any other establishment with a liquor license is guilty of violating the mcl, prior to shall issue, this included nearly every hunter.

As a law maker, how can you create a law when you know that a huge portion of the population will violate said law?
 
Shadow Bear

Shadow Bear

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lapeer20m said:
it's a terribly thought out law. Every non-cpl hunter in the state that travels with a long gun cased in his vehicle and stop's at a gas station, wal-mart, meijer, or any other establishment with a liquor license is guilty of violating the mcl, prior to shall issue, this included nearly every hunter.

As a law maker, how can you create a law when you know that a huge portion of the population will violate said law?
Click to expand...

"Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that's the system, Mr. Reardon, that's the game, and once you understand it, you'll be
much easier to deal with." ('Atlas Shrugged' 1957)
 
Taurus850CIA

Taurus850CIA

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, Michigan, USA
lapeer20m said:
it's a terribly thought out law. Every non-cpl hunter in the state that travels with a long gun cased in his vehicle and stop's at a gas station, wal-mart, meijer, or any other establishment with a liquor license is guilty of violating the mcl, prior to shall issue, this included nearly every hunter.

As a law maker, how can you create a law when you know that a huge portion of the population will violate said law?
Click to expand...


It also includes a large number of folks who buy guns at Walmart. They walk in LAC's, walk out criminals.
 
Big Gay Al

Big Gay Al

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Location
Mason, Michigan, USA
Yance said:
http://www.legislature.mi.gov/documents/mcl/pdf/mcl-act-58-of-1998.pdf

That is the liquor control act, its hidden in there somewhere.
Click to expand...
If it is, it's buried real good. I saved that file, then tried searching for "firearm," "weapon," and finally, "pistol." The only word that showed up was "firearm" and that was in relation to the "bureau of alcohol, tobacco, and firearms." I don't think the prohibition is part of the liquor control act, (Unless it's been amended, and we don't have that amended version.) I think it's part of MCL 750.234d.
 
Bronson

Bronson

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Taurus850CIA said:
It also includes a large number of folks who buy guns at Walmart. They walk in LAC's, walk out criminals.
Click to expand...

No they don't. 750.234d provides an exception for anybody possessing a firearm, sans cpl, if they have permission from the owner or agent of the owner. I'm fairly certain Walmart would consider it permissible for you to possess a firearm in their store long enough to complete your transaction.
 
Taurus850CIA

Taurus850CIA

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, Michigan, USA
Bronson said:
No they don't. 750.234d provides an exception for anybody possessing a firearm, sans cpl, if they have permission from the owner or agent of the owner. I'm fairly certain Walmart would consider it permissible for you to possess a firearm in their store long enough to complete your transaction.
Click to expand...

OMG. (facepalm) I just used permission Sunday. Pardon me while I go crawl back into my hole. (You have to admit, implied permission is a little scary)
 
B

Bikenut

Guest
Bronson said:
No they don't. 750.234d provides an exception for anybody possessing a firearm, sans cpl, if they have permission from the owner or agent of the owner. I'm fairly certain Walmart would consider it permissible for you to possess a firearm in their store long enough to complete your transaction.
Click to expand...
I know you know this Bronson... I'm just clarifying for those reading.... "on the premises" is not just "in their store"... "on the premises" is also the parking lot/property... and yes, I would suspect that any business that sold a firearm would be "implying" consent to possess that just now purchased firearm "on the premises" .... at least until the buyer leaves the entire property in a timely manner.

But then I'm not an attorney so what I think (suspect) is a personal opinion.. not legal advice.
 
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H

Haman J.T.

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lapeer20m said:
it's a terribly thought out law. Every non-cpl hunter in the state that travels with a long gun cased in his vehicle and stop's at a gas station, wal-mart, meijer, or any other establishment with a liquor license is guilty of violating the mcl, prior to shall issue, this included nearly every hunter.

As a law maker, how can you create a law when you know that a huge portion of the population will violate said law?
Click to expand...
The majority of citizens are irresponsible when it comes to voting for the folks who are going to make our laws.They do not know the people who they're voting for,what they believe,if they understand our constitutions.So when laws are passed there's only the hope they're constitutional and correct.Many a law has been passed without any understanding of whether it's right or constitutional.Thats why there's 20,000 gun laws as opposed to THE GUN LAW-2nd Amendment.From SIMPLE(2A) to TYRANICAL(too complicated even for lawyers and LE to understand)! Thats why our fight is so hard!NEVER GIVE UP,NEVER QUIT! CARRY ON!
 
Y

Yance

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Battle Creek, MI
Big Gay Al said:
If it is, it's buried real good. I saved that file, then tried searching for "firearm," "weapon," and finally, "pistol." The only word that showed up was "firearm" and that was in relation to the "bureau of alcohol, tobacco, and firearms." I don't think the prohibition is part of the liquor control act, (Unless it's been amended, and we don't have that amended version.) I think it's part of MCL 750.234d.
Click to expand...

I saw it in there the first time I read it, I just cant remember where. But I posted it to reference what the Liquor License is, because his friend thought it meant an establishment which sells alcohol by the glass. In there somewhere it references the different types of licenses and it briefly mentions an establishment that sells groceries or something along those lines. It can be interpreted as a grocery store and such.
 
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