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Michigan Open Carry Requirements

This is a discussion on Michigan Open Carry Requirements within the Open Carry Discussion forums, part of the Main Category category; Originally Posted by alduane Originally Posted by Bikenut If you are referring to these... Yes and no... a church still ...

  1. #11
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    Quote Originally Posted by alduane View Post
    Quote Originally Posted by Bikenut View Post
    If you are referring to these...

    Yes and no... a church still needs the permission of the pastor or board because it is private property...

    But.... Federal property, the post office (including the post office parking lot), and most court/court houses, are still PFZs for any kind of carry.
    Actually they are all private property except for the Court. You don't need permission under the law to carry but you can be asked to leave and be charged with trespassing if you don't.
    Also bear in mind that Federal law prohibits carry within 1000 feet of school property unless you have a resident CPL from that state. In short, you must have a Michigan CPL and be a Michigan resident to be legal.
    You are correct about permission when referencing open carry ... I confused OC law with CC law. I apologize.

    FIREARMS (EXCERPT)
    Act 372 of 1927


    28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation; penalties.

    Sec. 5o.

    (1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:
    -snip-
    (e) Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.
    -snip-

    Entire law can be read here:

    Michigan Legislature - Section 28.425o

    In reference to the Federal law about 1000 feet from school property....


    Originally posted by xmanhockey7

    In Michigan all handgun purchases (assuming you have no CPL) requires you to get a "permit to purchase" or as it is called under law a license to purchase, possess, carry, and transport a pistol. So yes you do need a license but as long as you legally own the pistol you can carry it openly. And you only have to be 18 to purchase a pistol through private sale. 21 is federal law to purchase from FFL dealers. Also Michigan issues concealed pistol licenses (CPL) and not "CCW".
    As much as I generally hate to quote Wiki.... here is the pertinent part of Fed. law that applies...

    (B) Subparagraph (A) does not apply to the possession of a firearm—
    -snip-
    (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;

    Entire Wiki article can be read here:

    Gun-Free School Zones Act of 1990 - Wikipedia, the free encyclopedia

    And Michigan's "license to purchase, possess, carry, and transport a pistol" ..commonly called a "purchase permit".. mentioned by xmanhockey7 (who is far more knowledgeable than I) satisfies section (ii) above. Which means if a resident of Michigan legally buys a pistol under a purchase permit (license to purchase, etc.) they are exempt from the Federal 1000ft school law. But, while a CPL also exempts them from the Federal 1000ft school law, they do not need a CPL to be legal... they only need to have done the "license to purchase, etc." thing.

    Which means a resident of Michigan who does not have a CPL can buy a pistol and legally openly carry that pistol within 1000ft of school property... yet they still need a CPL to concealed carry.

    Michigan law is very convoluted because it allows legal open carry for folks who have a carry permit in some places where concealed carry is prohibited and to be honest... the best way to find factual information is here:

    http://forum.opencarry.org/forums/fo...p?106-Michigan

    And I strongly recommend anyone interested specific laws concerning open carry in Michigan go there to find answers.

  2. #12
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    Quote Originally Posted by Bikenut View Post
    You are correct about permission when referencing open carry ... I confused OC law with CC law. I apologize.

    FIREARMS (EXCERPT)
    Act 372 of 1927


    28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation; penalties.

    Sec. 5o.

    (1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:
    -snip-
    (e) Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.
    -snip-

    Entire law can be read here:

    Michigan Legislature - Section 28.425o

    In reference to the Federal law about 1000 feet from school property....




    As much as I generally hate to quote Wiki.... here is the pertinent part of Fed. law that applies...

    (B) Subparagraph (A) does not apply to the possession of a firearm—
    -snip-
    (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;

    Entire Wiki article can be read here:

    Gun-Free School Zones Act of 1990 - Wikipedia, the free encyclopedia

    And Michigan's "license to purchase, possess, carry, and transport a pistol" ..commonly called a "purchase permit".. mentioned by xmanhockey7 (who is far more knowledgeable than I) satisfies section (ii) above. Which means if a resident of Michigan legally buys a pistol under a purchase permit (license to purchase, etc.) they are exempt from the Federal 1000ft school law. But, while a CPL also exempts them from the Federal 1000ft school law, they do not need a CPL to be legal... they only need to have done the "license to purchase, etc." thing.

    Which means a resident of Michigan who does not have a CPL can buy a pistol and legally openly carry that pistol within 1000ft of school property... yet they still need a CPL to concealed carry.

    Michigan law is very convoluted because it allows legal open carry for folks who have a carry permit in some places where concealed carry is prohibited and to be honest... the best way to find factual information is here:

    Michigan

    And I strongly recommend anyone interested specific laws concerning open carry in Michigan go there to find answers.
    Bikenut is correct.

  3. #13
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    Default open carry question

    If I open carry at work, and use a open top inside-the-pants holster positioned towards my back am I cc ing when I sit down and its not showing?

  4. #14
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    Quote Originally Posted by mitten bullies View Post
    If I open carry at work, and use a open top inside-the-pants holster positioned towards my back am I cc ing when I sit down and its not showing?
    Whether it's legal to "open carry" with an IWB holster period is a definite gray area in Michigan and if you do not have a CPL you could be in trouble for concealed carry. We have no test cases on this and due to the lack of retention of IWB holsters it's best to just open carry in an OWB holster. Now if you were OCing completely legally and sat down and the chair obstructed the view in my opinion you would not be carrying a "concealed" pistol.

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