Michigan Open and Concealed Carry Laws and Information

[amddude]

Click here to view.

Let me know if there is anything I missed.

[Sheldon]

N there are more and more states added to the reciprocity list, someday maybe they will all be Grey.

[skipjack_1st]

I'll check it out. Thanks for the effort.

[DJ58]

Thank you, will be looking forward to it.:)

[Scarecrow]

thanks. was just looking for that.

[venator]

Originally Posted by amddude

Hey kids, I've updated MI's concealed permit info. I'll get laws done here shortly. Let me know if there's anything that's incorrect or if I should add something.

The section on open carry sounds like opinion and not fact. Open carry is growing in Michigan and more people including myself carry in urban areas daily. I carry in the greater Lansing area and have been for over a year. No problems encountered. So I suggest you revise it to say something like this:

Open carry is legal, and due to the 1990 preemption law MCL 123.1102, no local ordinances on firearm restrictions greater than the state are enforceable. While open carry is not common its practice is growing in Michigan.

This would better define the current practice of open carry.

[venator]

Originally Posted by amddude

Hey kids, I've updated MI's concealed permit info. I'll get laws done here shortly. Let me know if there's anything that's incorrect or if I should add something.

The section below is incomplete: I suggest adding the last part or some edited portion of it.


Pistol free zones do not apply to any of the following:

• A licensee who is a retired police officer or retired law enforcement officer. The concealed weapon licensing board may require a letter from the law enforcement agency stating that the retired police officer or law enforcement officer retired in good standing.

• An individual who is licensed as a private investigator or private detective under the private detective license Act, 1965 PA 285, MCL 338.821 to 338.851.

* An AG opinion, the Michigan State Police and Senator Prusi stated that a person with a CPL can carry a firearm openly in the exempted areas listed in MCL 750.234d.

Opinion No. 7097 January 11, 2002… A person licensed by this state… to carry a concealed weapon….By its express terms, section 234d prohibits certain persons from carrying a firearm in the enumerated places but explicitly exempts from its prohibition “[a] person licensed by this state or another state to carry a concealed weapon.” Thus, any person licensed to carry a concealed pistol, including a private investigator, is exempt from the gun-free zone restrictions imposed by section 234d of the Penal Code and may therefore possess firearms while on the types of premises listed in that statute.

“...Non-CPL pistol free zones do not apply to CPL holders. The CPL pistol free zones only apply to CPL holders carrying a concealed pistol. Therefore, a CPL holder may openly carry a pistol in Michigan's pistol free zones.” Sincerely, Sgt. Thomas Deasy, Michigan State Police

“…My office has contacted the Michigan State Police legislative liaison....According to the liaison, it is legal to openly carry a firearm in a "Pistol Free Zone" if you are a licensed CPL holder....that MCL 28.425o and MCL 750-234d permit this activity. I was informed that there was no other additional relevant laws regarding this matter…” Michael A Prusi, State Senator 38th District"

[skipjack_1st]

Pretty interesting. I'd be willing to bet that in those situations, (open carry in restricted areas), the local PD will be called promtly. It'd be nice to get the message out so as to avoid hassels.

[venator]

Originally Posted by skipjack_1st

Pretty interesting. I'd be willing to bet that in those situations, (open carry in restricted areas), the local PD will be called promtly. It'd be nice to get the message out so as to avoid hassels.

Well, we have a member (with CPL) that open carries at a Flint area high school with no problems. We have others that open carry in bars in the Detroit metro area, so it is being done. Most of the restricted areas are private property and they can restrict guns at will.

Education is the primary reason that opencarry.org exists. As for the growing Michigan movement I have sent this info and more to several Police Departments and Sheriff offices in an attempt to get the message out. We also have have open carry get togethers in a few large cities as well as had some press coverage on the topic. See the Flint Journal article here: Openly carrying their guns, group touts unorthodox beliefs at Burton park - The Flint Journal Online News - Michigan Newspaper - MLive.com

This link will take you to the article I wrote for the Lansing State Journal. Jeffs: Mich. is among states that allow citizens to openly carry handguns - Michigan - Stories From The States - OpenCarry.org - Discussion Forum

Check out the Michigan forum on OpenCarry.org - A Right Unexercised is a Right Lost! for more info.

Cheers,
Brian

[Sheldon]

here is the link to the AG opinion and it was Signed by Jenifer Grandholm when she was still MI AG go figure!

(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. [Emphasis added.]

By its express terms, section 234d prohibits certain persons from carrying a firearm in the enumerated places but explicitly exempts from its prohibition "[a] person licensed by this state or another state to carry a concealed weapon." Thus, any person licensed to carry a concealed pistol, including a private investigator, is exempt from the gun-free zone restrictions imposed by section 234d of the Penal Code and may therefore possess firearms while on the types of premises listed in that statute.

Although this opinion is targeted at private investigators, there is not specific verbiage that limits it too in the balded selections, and further makes no distinction between OC and CCW to a licensed individual, now I am no lawyer, but this appears to open a big door.