Michigan here, Im being forced to open carry!! - Page 2
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Thread: Michigan here, Im being forced to open carry!!

  1. #11
    'Crow is correct...
    ***** 28.425o.amended THIS AMENDED SECTION IS EFFECTIVE APRIL 6, 2009 *****
    28.425o.amended 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.
    Semper Fi

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  3. #12
    Join Date
    Aug 2009
    Location
    South Central Ohio
    Posts
    95
    I have a CPL. Of course I know nothing about you. That being said, and playing Devil's advocate - If you could not be responsible enough to keep your drivers license by obeying the law, why should we believe you would obey the law to keep from loosing your CPL?
    Help your own self - the Government is busy takin' care of itself!
    Retired LEO

  4. #13
    Join Date
    Aug 2009
    Location
    Dearborn, Michigan
    Posts
    8
    Quote Originally Posted by Saltcreek View Post
    I have a CPL. Of course I know nothing about you. That being said, and playing Devil's advocate - If you could not be responsible enough to keep your drivers license by obeying the law, why should we believe you would obey the law to keep from loosing your CPL?

  5. #14
    Join Date
    Aug 2009
    Location
    Dearborn, Michigan
    Posts
    8
    I've read many posts of Michiganders OC'ing at walmart and many other stores and they'e even written letters to head quarters and they allow it.


    Thanks for everyones input, I really appreciate it.

  6. #15
    Join Date
    Aug 2009
    Location
    Dearborn, Michigan
    Posts
    8
    Oh if I did have a CPL I'd be able to carry in the listed places, is that correct?

  7. #16
    Just a thought as I look at the Michigan CCW law. Just haveing a suspended DL is not disqualifying. The reason for that suspension must be conviction for one of the following misdemeanors: Failing to stop in a personal injury accident, operating while intoxicated 2nd offence or comercial vehicle, driving while suspended or revoked 2nd offense, or reckless driving. With the exception of the reckless driving, I would agree that if you did any of the above I don't trust you to handle the responsibility of carrying a loaded fire arm open or concealed. As for the reckless driving...that is very vague in Michigan law and I could see where the officer could abuse that charge. In those cases that is what a good lawyer is for, to make sure that it becomes a careless driving rather then reckless driving charge. Just another example (like accepting domestic restraining orders or pleading to other offenses to avoid a trial) where bad legal advice can have unintended consequenses for many years. If your records are really clean otherwise I would suggest consulting a lawyer to check into having the conviction somehow removed from your record. It may still take a year or two but would be less then the 8 years specified by the CCW law.

  8. Quote Originally Posted by Scarecrow View Post
    correct me if I'm wrong.. but I don't think this is quite accurate. isn't it something like...In Michigan, you can carry in a place that serves liquor except if the primary source of income of the establishment is the sale of alcoholic liquor by the glass for consumption on the premises, such as a tavern. it is not at all against the law to carry in wal-mart, meijer, gas stations and so on...
    You are correct only if you have a CPL in which case you can open carry or conceal. However, if you DO NOT have a CPL you cannot open carry in any establishment that sell alcohol of any kind. That's what I meant, screwed up. It just doesn't make any sense.

  9. Quote Originally Posted by unas2k5 View Post
    I've read many posts of Michiganders OC'ing at walmart and many other stores and they'e even written letters to head quarters and they allow it.


    Thanks for everyones input, I really appreciate it.
    Be very careful with this. Walmart allows open carry but the law says differently if you do not have a CPL. You should really spend some time over on Open carry and learn teh Michigan laws before you go out and get yourself into trouble for carrying in an area you cannot without a CPL. You don't want to loose your rights for any longer than needed.

    Good luck.

  10. #19
    Quote Originally Posted by lechwe View Post
    Be very careful with this. Walmart allows open carry but the law says differently if you do not have a CPL. You should really spend some time over on Open carry and learn teh Michigan laws before you go out and get yourself into trouble for carrying in an area you cannot without a CPL. You don't want to loose your rights for any longer than needed.

    Good luck.
    +1. Good advise.. Having a kneejerk reaction to getting jumped is not an answer. I have to go back to What GF, myself and others have said, Check with an attorney... If the DR Lic was revoked for simple moving violations, That may not be a big deal, but if it is something like Fleeing, That is a different story,,,, Still, I am not an Attorney and can not answer your questions.. ( I was an Realtor and all though classes and beyond, Contact an Attorney was hammered down our throats..Sorry)
    Another thought, Do you know where you want to buy a Glock from? Have that dealer check NCIS and see how you qualify for purchase... I would hate to see a neighbor get burnt.. Good Luck
    Semper Fi

  11. Quote Originally Posted by BILLYBOB44 View Post
    To start with-You chose to live in the state-you have to live with their laws.
    Actually that's what we have the CONSTITUTION for, i.e. so states can't do as they please; also people in states can be BORN there rather then chose.

    Federal law precludes states from infringing on privacy-rights; so if a state allows open-carry, then it has to allow concealed-carry under the same conditions. If it allows open-carry but not concealed, then this is an infringement of federal priacy-rights, and therefore a violation of the incoration-clause of the 14th Amendment.

    However that being said, I carry openly-- if at all-- because I have trauma from being a victim of crime, back when the law did not allow me to carry.

    Now that the law has changed to allow me to carry, I can't carry concealed because of the trauma qualifying as a "mental illness--" which only makes it worse.

    The law simply doesn't care about individual rights so much as politics.

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