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My talk with a DNR Officer

Michigander

Regular Member
Joined
Aug 24, 2007
Messages
4,818
Location
Mulligan's Valley
imported post

Kimberguy wrote:
[size="-1"][font="arial, helvetica, sans-serif"][font="Arial, Helvetica"] [font="Arial, Helvetica"]4. Does my valid Concealed Pistol License allow me to carry a concealed pistol in a state park?[/font]

Yes. [font="Arial, Helvetica"]MCL 324.504[/font] states that the DNR cannot promulgate or enforce a rule that prohibits a ccw holder from carrying on property under the control of the DNR.
[/font][/font]
[/size]
From that link.
(6) The department shall not promulgate or enforce a rule that prohibits an individual who is licensed or exempt from licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a pistol in compliance with that act, whether concealed or otherwise, on property under the control of the department.

If you look up what it says about licenses in those sections, which you can do here:

http://www.legislature.mi.gov/(S(ucpszw454j4t1uapdtnyv4qn))/mileg.aspx?page=getobject&objectname=mcl-Act-372-of-1927&query=on&highlight=372%20AND%20of%20AND%201927

you'll find that it says that the registration process is a license to purchase, carry, possess, and transport. So I would argue that anyone with a registered handgun is good to go on state land, at least as far as that law is concerned.

I don't pretend to be certain though, because DNR rules are complicated and stupid, and I've never made a huge effort to understand them. However, if this law is basically state preemption against the DNR, then it would appear that lawful state park OC is protected for all registered handgun owners.

If anyone is more sure than I am, please post your thoughts.
 

SpringerXDacp

New member
Joined
May 12, 2006
Messages
3,341
Location
Burton, Michigan
imported post

Michigander wrote:
Kimberguy wrote:
[size=-1][font="arial, helvetica, sans-serif"][font="Arial, Helvetica"][font="Arial, Helvetica"]4. Does my valid Concealed Pistol License allow me to carry a concealed pistol in a state park?[/font]

Yes. [font="Arial, Helvetica"]MCL 324.504[/font] states that the DNR cannot promulgate or enforce a rule that prohibits a ccw holder from carrying on property under the control of the DNR.
[/font][/font]
[/size]
From that link.
(6) The department shall not promulgate or enforce a rule that prohibits an individual who is licensed or exempt from licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a pistol in compliance with that act, whether concealed or otherwise, on property under the control of the department.

If you look up what it says about licenses in those sections, which you can do here:

http://www.legislature.mi.gov/(S(ucpszw454j4t1uapdtnyv4qn))/mileg.aspx?page=getobject&objectname=mcl-Act-372-of-1927&query=on&highlight=372%20AND%20of%20AND%201927

you'll find that it says that the registration process is a license to purchase, carry, possess, and transport. So I would argue that anyone with a registered handgun is good to go on state land, at least as far as that law is concerned. I agree but only if the person is OC. (See Below)

I don't pretend to be certain though, because DNR rules are complicated and stupid, and I've never made a huge effort to understand them. However, if this law is basically state preemption against the DNR, then it would appear that lawful state park OC is protected for all registered handgun owners.

If anyone is more sure than I am, please post your thoughts.


Per 324.504:

(6) The department shall not promulgate or enforce a rule that prohibits an individual who is licensed (Purchase Pemit) or exempt (CPL) from licensure under 1927 PA 372, MCL 28.421 to 28.435 (CPL), from carrying a pistol in compliance with that act, whether concealed or otherwise, on property under the control of the department.

Edit: Spelling
 
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