Concealed Carry or "Lawfully Contained"-Michigan Casino Parking Lot?
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Thread: Concealed Carry or "Lawfully Contained"-Michigan Casino Parking Lot?

  1. Concealed Carry or "Lawfully Contained"-Michigan Casino Parking Lot?

    I'm new at this, also new to concealed carrying. I was recently informed that it is a violation of regs in Michigan to carry a concealed weapon in the parking lot of a casino ("Casino" is on the list of 10 locations where carrying concealed is not lawful). Parking lots of most of the other locations are not included as exempted areas, but that did not include parking lots of casinos, thereby making carryiing in the parking lot unlawful. My question: Can I lawfully transport my weapon in a locked gun safe in the trunk of my vehicle and drive onto casino property? Although I have to admit that I did remove the weapon from the locked safe and carry it between the trunk and the passenger compartment as I left the site. This just occurred yesterday and (apparently) I risked confiscation of my weapon and additional violations by doing either.

    Thanks for all lawful advice.

  2.   
  3. #2
    Join Date
    Jan 2008
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    Quote Originally Posted by dcm736 View Post
    I'm new at this, also new to concealed carrying. I was recently informed that it is a violation of regs in Michigan to carry a concealed weapon in the parking lot of a casino ("Casino" is on the list of 10 locations where carrying concealed is not lawful). Parking lots of most of the other locations are not included as exempted areas, but that did not include parking lots of casinos, thereby making carryiing in the parking lot unlawful. My question: Can I lawfully transport my weapon in a locked gun safe in the trunk of my vehicle and drive onto casino property? Although I have to admit that I did remove the weapon from the locked safe and carry it between the trunk and the passenger compartment as I left the site. This just occurred yesterday and (apparently) I risked confiscation of my weapon and additional violations by doing either.

    Thanks for all lawful advice.
    All advice is "lawful". A lot of it may be of questionable "legal" validity even if it comes from an attorney (particularly about guns).
    MOLON LABE

  4. #3
    Quote Originally Posted by dcm736 View Post
    I'm new at this, also new to concealed carrying. I was recently informed that it is a violation of regs in Michigan to carry a concealed weapon in the parking lot of a casino ("Casino" is on the list of 10 locations where carrying concealed is not lawful). Parking lots of most of the other locations are not included as exempted areas, but that did not include parking lots of casinos, thereby making carryiing in the parking lot unlawful. My question: Can I lawfully transport my weapon in a locked gun safe in the trunk of my vehicle and drive onto casino property? Although I have to admit that I did remove the weapon from the locked safe and carry it between the trunk and the passenger compartment as I left the site. This just occurred yesterday and (apparently) I risked confiscation of my weapon and additional violations by doing either.

    Thanks for all lawful advice.
    I am assuming that in Michigan, the casino's are all on Native American lands? Firearms possession on Native American lands would be governed by Tribal law, not by state law, in that case. For instance, here in Washington, I frequent two indian reservations. On one reservation, tribal law is possession of firearms is allowed as long as possession is lawful IAW state law. Except the casino building itself is posted No Firearms. I have open carried in the indian convenience store many, many times and have even been asked about it by a curious cashier.

    Down the road is another indian reservation that allows possession in a vehicle IAW with state law, but only allows carrying out of a vehicle with tribal government permission. A friend of mine was the first to inquire of the tribal government how to obtain permission, and nobody in the tribal government had any clue what to do! They finally decided that they would endorse his WA State CPL, and he was #1 to receive their endorsement!

    Anyway, point is, it seems to depend completely upon the tribal laws - I see nothing in Michigan statutes that prohibits carrying a gun in a casino or casino parking lot.

  5. #4
    Join Date
    Dec 2008
    Location
    West Michigan
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    dcm736... if you note below, a casino parking lot is the only non-exempt parking facility on the list and one cannot carry concealed there. I see no reason you can't have the gun safely stored in your car as it is not being carried concealed and how else would otherwise armed customers take care of their legally carried firearms? I do believe that moving the gun from the trunk to your person in the casinos parking lot would be considered illegal... I'd do that in someone elses lot.

    From the: MICHIGAN STATE POLICE website:

    Pistol Free Areas

    Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol on the following premises:



    1. Schools or school property but may carry while in a vehicle on school property while dropping off or picking up if a parent or legal guardian

    2. Public or private day care center, public or private child caring agency, or public or private child placing agency.

    3. Sports arena or stadium

    4. A tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises

    5. Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official allows concealed weapons

    6. An entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more

    7. A hospital

    8. A dormitory or classroom of a community college, college, or university

    9. A Casino


    "Premises" does not include the parking areas of the places listed above in 1 through 8.
    “You shall know the truth and the truth shall make you mad.” – Aldous Huxley

  6. #5
    The Michigan State Police might be a good resource for general info, but it does not carry the authority of law. There seems to be no reference to the statutes used as a basis for their information and their information might very well be in error depending on what the statute says, but it most definitely gives a person cause to research it fully in the statutes themselves.

  7. #6
    Found it, finally. It's in Michigan Administrative Code 432.1212. Looking at that code, the parking lot is NOT prohibitied.

    SOAHR Admincode

    R 432.1212 Weapons in casino.
    Rule 212. (1) An individual may not carry a firearm or other weapon in a
    casino
    , except for the following entities:
    (a) State, county, city, township, or village law enforcement officers, as
    defined in section 2(e) of Act No. 203 of the Public Acts of 1965, as
    amended, being § 28.601 et seq. of the Michigan Compiled Laws.
    (b) Federal law enforcement officers, as defined in 5 U.S.C. § 8331.
    (c) Armored car personnel picking up or delivering currency at secured
    areas.
    (2) Law enforcement officers conducting official duties within a casino
    shall, to the extent practicable, advise the Michigan state police gaming
    section of their presence.
    (3) Private casino security personnel may carry handcuffs while on duty in
    a casino.

    History: 1998-2000 AACS.

    Notice the rule only prohibits IN a casino. The term IN would imply inside a building. If they wanted to prohibit the parking lot it would have been written "on the premises of a casino" or something similar, but the prohibition is limited to IN a casino. NOW, a covered parking garage attached to a casino building might be construed as in the casino.

  8. Thanks to all of you to take the time to keep me out of trouble. Excellent advice, especially NavyLT and Mi.45. The details of that "Administrative Rule" were hard to find. I got as far as the Department of Treasury but couldn't get details.

    Thanks again to all of you.

    DCM736

  9. #8
    Join Date
    Mar 2009
    Location
    Livingston County, MI USA
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    Section 28.425o
    [A link to this page which can be pasted into newsletters or emails] linkable

    [The contents of this page without menus and other items which you may not want to print] printable


    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:

    (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.

    (3) As used in subsection (1), "premises" does not include parking areas of the places identified under subsection (1).

    (4) Subsection (1) does not apply to any of the following:

    (a) An individual licensed under this act 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.

    (b) An individual who is licensed under this act and who is employed or contracted by an entity described under subsection (1) to provide security services and is required by his or her employer or the terms of a contract to carry a concealed firearm on the premises of the employing or contracting entity.

    (c) An individual who is licensed as a private investigator or private detective under the professional investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851.

    (d) An individual who is licensed under this act and who is a corrections officer of a county sheriff's department.

    (e) An individual who is licensed under this act and who is a motor carrier officer or capitol security officer of the department of state police.

    (f) An individual who is licensed under this act and who is a member of a sheriff's posse.

    (g) An individual who is licensed under this act and who is an auxiliary officer or reserve officer of a police or sheriff's department.

    (h) An individual who is licensed under this act and who is a parole or probation officer of the department of corrections.

    (i) A state court judge or state court retired judge who is licensed under this act. The concealed weapon licensing board may require a state court retired judge to obtain and carry a letter from the judicial tenure commission stating that the state court retired judge is in good standing as authorized under section 30 of article VI of the state constitution of 1963, and rules promulgated under that section, in order to qualify under this subdivision.

    (5) An individual who violates this section is responsible for a state civil infraction or guilty of a crime as follows:

    (a) Except as provided in subdivisions (b) and (c), the individual is responsible for a state civil infraction and may be fined not more than $500.00. The court shall order the individual's license to carry a concealed pistol suspended for 6 months.

    (b) For a second violation, the individual is guilty of a misdemeanor punishable by a fine of not more than $1,000.00. The court shall order the individual's license to carry a concealed pistol revoked.

    (c) For a third or subsequent violation, the individual is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. The court shall order the individual's license to carry a concealed pistol revoked.


    History: Add. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2002, Act 719, Eff. July 1, 2003 ;-- Am. 2008, Act 194, Eff. Jan. 7, 2009 ;-- Am. 2008, Act 406, Imd. Eff. Jan. 6, 2009 ;-- Am. 2008, Act 407, Eff. Apr. 6, 2009
    Popular Name: CCW
    Popular Name: Concealed Weapons
    Popular Name: Right to Carry
    Popular Name: Shall Issue

    © 2009 Legislative Council, State of Michigan

  10. #9
    SIDE ARM,

    I am just curious as to why you think the section you have highlighted in red applies to Casinos? A casino is not listed as a prohibited place in Section 38.425o.

  11. #10
    Join Date
    Mar 2009
    Location
    Livingston County, MI USA
    Posts
    10
    NavyLT, my bad, I swore that copy that I posted had ( i ) Casinos. Apparently it is outdated too! Further research shows that Casino parking lots ARE restricted and that Section 3 does not apply to Casinos. Therefore you can not CC in a casino parking area.

    SA

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