dougwg
Regular Member
That's not black and white although some believe it is.....so...In this case he would have been required to show ID since he was OC in a PFZ ??
That's not black and white although some believe it is.....so...In this case he would have been required to show ID since he was OC in a PFZ ??
That's not black and white although some believe it is.....so...
(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) shall does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
According to 18 USC § 922 q(2)(B)(ii), you are exempt from the Federal Gun Free School Zone since you are a Michigan CPL Holder.
http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
...
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; nonresidents; basic pistol safety brochure; forging application; implementation during business hours.
Sec. 2.
(1) Except as otherwise provided in this section, a person shall not purchase, carry, possess, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.
My question would be....In this case he would have been required to show ID since he was OC in a PFZ ??
In this case he would have been required to show ID since he was OC in a PFZ ??
And I say that the GFSZ act is a moot point when it comes to legal pistol possession in MI since our License to Purchase/Possess a Pistol meets the requirments of the exemption listed in the GFSZ act.
MCL 28.422
So ANY person that has obtained a MI License to Purchase/Possess has met the plain language written requirements to be exempt from the Fed. GFSZ act.
The only residents of MI that can be hit for pistol possession within a Fed. GFSZ act are people that are possessing that pistol in violation of MI law.
That's the way I see it anyway...but I'm not a lawyer so it's worth what you paid for it.
Bronson
What if you registered a pistol as a CPL holder (an exemption from the LTPCPT) and then let the CPL lapse... would you be able to prove that you possessed a valid license to purchase, carry, possess, or transport pistol?
Also, as I recall, the LTPCPT is really only valid for 5 days, which allows the purchase and the registration. Murky waters here, my friends.
Not so murky. All the feds want is that a person has had a background check and can legally possess a firearm in the state the school is in, in this case a handgun (not so sure about long guns as a licenses to purchase is not required.). MI registration law meets that requirement. In regards to a CPL purchased pistol and then it expires, well at the time of purchase and to this day that weapon was/is registered and the person was approved by the state at the time to purchase it.
So all requirements needed for federal exemption have been made.
Again all my opinions IANAL.