CPl holder open caryying in pistol free zones
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CPl holder open caryying in pistol free zones

This is a discussion on CPl holder open caryying in pistol free zones within the Open Carry Discussion forums, part of the Main Category category; Is it true a Michigan cpl holder can open carry in pistol free zones? Excluding Goverment property's. This JavaScript don't ...

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    Jason1221 is offline XTREME
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    Default CPl holder open carrying in pistol free zones

    Is it true a Michigan cpl holder can open carry in pistol free zones? Excluding Goverment property's.
    This JavaScript don't make sense.

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    They can open carry in areas restricted to open carry. Don't confuse those zones with the PFZ's for concealed carry.

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    Jason1221 is offline XTREME
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    I see now. So aslong as we're concealed we can carry in open carry restrictions but still not in pfz. Thnx I thaught it sounded funny lol

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    Quote Originally Posted by Jason1221 View Post
    I see now. So aslong as we're concealed we can carry in open carry restrictions but still not in pfz. Thnx I thaught it sounded funny lol
    Folks who have a CPL in Michigan, while they cannot concealed carry, most certainly CAN open carry in most, but not all, of the PFZ's.



    There is a difference between places off limits to "possessing" a firearm, ANY firearm including pistols.... and Pistol Free Zones listed for where concealed carry of a pistol is illegal.

    The places off limits to possessing a firearm do not apply to a person with a CPL... and that means that person can carry openly or concealed as they might wish.

    But the PFZ's that apply to concealed carry also do not apply to a person who has a CPL and is carrying openly.

    Confused? I don't blame you... please.. please.. go to

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

    to learn how the different laws in Michigan work together in a very convoluted way.

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    Quote Originally Posted by Jason1221 View Post
    I see now. So aslong as we're concealed we can carry in open carry restrictions but still not in pfz. Thnx I thaught it sounded funny lol
    Actually, if you have a CPL you can carry openly in open carry restrictions. A bar or school for instance: if you have a CPL you can carry openly but not concealed because it is a PFZ for concealed carry. It can be confusing.

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    Jason1221 is offline XTREME
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    So a person without a permit cannot open carry in a school. But because I have a cpl I cannot conceal but I can open carry in a school? Wow messed up confusing lol

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    How about we look at applicable laws to help make some sense here. The first law we will look at is 750.234d which does not in anyway apply to those who have a CPL. If you do not have a CPL you may not have in your possession any firearm. Many even go as far to say you cannot have it in your car if you're the parking lot. Also note "h" even applies to stores like Meijer who sell alcohol.

    750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.
    Sec. 234d. (1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
    (a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
    (b) A church or other house of religious worship.
    (c) A court.
    (d) A theatre.
    (e) A sports arena.
    (f) A day care center.
    (g) A hospital.
    (h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws. (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.
    Next we look at the law which prohibits weapons from being in a "weapon free school zone". This is not to be confused with the federal gun free school zone act which does not apply to those in Michigan who legally own pistols. Note there are other exemptions than what I am posting but for our discussion this is all we need. Note this specific law does not apply to those who have a CPL.
    750.237a Individuals engaging in proscribed conduct
    (4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following:
    (a) Imprisonment for not more than 93 days. (b) Community service for not more than 100 hours. (c) A fine of not more than $2,000.00.
    (5) Subsection (4) does not apply to any of the following:
    (a) An individual employed by or contracted by a school if the possession of that weapon is to provide
    security services for the school.
    (b) A peace officer.
    (c) An individual licensed by this state or another state to carry a concealed weapon.
    We now look at 28.425o which deals with places where someone who is licensed to carry a pistol by the state of Michigan cannot carry a CONCEALED pistol.

    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:
    (a) A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the child from the school. As used in this section, "school" and "school property" mean those terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
    (b) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.
    (c) A sports arena or stadium.
    (d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but is not required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
    (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.
    (f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.
    (g) A hospital.
    (h) A dormitory or classroom of a community college, college, or university.

    (2) 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 in violation of R 432.1212 or a successor rule of the Michigan administrative code promulgated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
    Unless you are in a "special class" and meet an exemption under this law you cannot carry a concealed pistol in any of these places. Parking lots are not included under 28.425o and section "2" only applies to the privately owned casinos in Detroit. If you do OC in one of them you are in violation of a "rule". If there are any legal ramifications I don't know. So basically if you have a CPL you cannot carry a concealed pistol in any place listed under 28.425o. You can however open carry in any of those places legally. Note that carry in a court, openly or concealed, with or without a CPL, is generally illegal as most courts prohibit them and if you do you can be charged with contempt.

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    Jason1221 is offline XTREME
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    To many close lines. I think I'll just keep doing like I've been doing all along and stay out of PFZ's or if I do have to just lock my carry gun up. Thnx everyone.

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    Jason1221 is offline XTREME
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    I just don't understand. Michigan being a open carry state. Why would someone with a cpl be allowed to open carry in them places and someone without a cpl not be allowed.

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    Jason1221 is offline XTREME
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    But I guess alot of laws don't make sense lol thnx a bunch though

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