imported post
http://www.mcrgo.org/mcrgo/d_ccwfaq.asp
My CPL has the box labeled "Exempt from Pistol Free zones MCL28.425o(4)" checked. How does this affect my carrying my firearm in an establishment which has a "No Firearms Allowed" posting?
A: Even those who are exempt from the Pistol Free Zones established in the statute must still honor the wishes of any party in control of real estate regarding the possession of weapons on the premises. If you disregard a sign or a verbal or written notice that guns are not allowed in a particular location, your legal status is that of trespasser. One of the results is that you are no longer covered by the "Stand Your Ground" law that went into effect late last year. The Stand Your Ground rule allows individuals to use proportional force in self defense without having to retreat, so long as they are in a place where they have a legal right to be. Even a CPL holder who is exempt from the Pistol Free Zones loses this legal protection while carrying in violation of a posted notice that guns are not allowed on the premises.
A quick review of proportionality: Any use of a firearm will probably be considered an application of deadly force. Deadly force is only appropriate in self defense when it is proportional to the threat. So, a firearm may only be used to prevent death, great bodily harm that could lead to death, or rape. Deadly force in defense of others is allowed so long as the person being defended would have been justified in using deadly force to protect him or herself. Think of yourself as "stepping into the shoes" of the person you are defending. Ask yourself the question, "If I were that person, would I be justified in shooting?" If the answer is yes, your discharge of your firearm will be considered an action taken in the legally protected defense of another.
I was nearly attacked by a loose German Shepard dog while going for my morning walk down the public street recently. I ran and jumped a nearby fence to get away. Had the fence not been there the dog would of got me. I had my concealed pistol on me but did not want to use it unless I had to. What are my rights under the law pertaining to animals threatning to attach a person walking down the street. Can I use a pistol against a threatning animal or only against a person.I have a valid Mi. CPL.
A: Under Michigan law,
any use of a firearm is an application of deadly force. Deadly force is legally permissible when it is proportional to the threat. Meaning, that deadly force may be used to prevent death, great bodily harm that could lead to death, or rape. It is entirely possible that an animal could do great bodily harm that could lead to death. So, it is possible that the use of a pistol against an attacking dog would be a justifiable use of force. Keep in mind that the circumstances would have to be such that you are in a place where you have a legal right to be, and that there is sufficient indication that your life is in danger when you fire. If you were to fire when the dog is too far away, or running away, or if you hit something other than the dog, or the dog is a toy poodle, you might face serious legal consequences. The key is that any use of force must be reasonable under the circumstances. I admire your restraint and think that the policy of not using our pistols unless we absolutely have to is the wise course of action.
While the answer contains statements of law and practical advice that are essentially correct, it is worth noting that dogs are covered by different laws than human beings. Under Michigan law, a dog is an item of personal property.
There is a statute in Michigan which states that "Any person...may kill any dog which he sees in the act of pursuing, worrying, or wounding any livestock or poultry or attacking persons, and there shall be no liability on such person in damages or otherwise, for such killing."
However, there is another statute which states that "willfully and maliciously killing or injuring animals" is a felony punishable by up to 4 years in prison.
The practical advice given last week remains unchanged. Only use your pistol if you have to. If you or someone else is in danger of attack by an animal, use your pistol or
other firearm to defend yourself and your loved ones.
There are many more examples of this
http://legal-dictionary.thefreedictionary.com/Lethal+force
I hope you dont have a CPL. Otherwise your CPL instructor did a crappy job teaching you about the use of deadly force.
This is one thing I don't like about open carry. There are people out there who are out open carrying that have no idea about the laws pertaining to how to handle a self defense situation. Once you shoot and kill someone you can't take it back.
