View Full Version : still a little confused about where to carry!!!!
joe_robi
03-25-2009, 03:14 PM
i read aloooottt of stuff on where you can carry and am still confused a little.
where can i carry------
with cpl-conceled
with cpl-open
without cpl-open
banks
places that serve boose
sports arena
casino
poker room
posted private prop.
i dont have a cpl but am thinking of getting one.
where can i carry??????
help
RPMO6
03-25-2009, 03:33 PM
I don't know about banks or poker rooms.
Other places you can't:
Schools, school property, day care center, places of worship, hospitals, dorms, colleges or universities...
joe_robi
03-25-2009, 03:41 PM
I don't know about banks or poker rooms.
Other places you can't:
Schools, school property, day care center, places of worship, hospitals, dorms, colleges or universities...
is that with or without cpl???
open or conceled??
Tallbear
03-25-2009, 03:43 PM
Since you are talking about open carry, I'll move this to that area .
i read aloooottt of stuff on where you can carry and am still confused a little.
where can i carry------
with cpl-conceled
with cpl-open
without cpl-open
banks
places that serve boose
sports arena
casino
poker room
posted private prop.
i dont have a cpl but am thinking of getting one.
where can i carry??????
help
joe_robi
03-25-2009, 04:05 PM
not just an open carry ??????
CARRY IN GENERAL thats why i put it in the gen area.
Tallbear
03-25-2009, 04:17 PM
when you receive your CPL the areas you can't carry are printed on the back of the license.
not just an open carry ??????
CARRY IN GENERAL thats why i put it in the gen area.
joe_robi
03-25-2009, 04:56 PM
cool i did not know that.
if you open carry with a cpl is it the same restrictions???
Venator12
03-25-2009, 05:24 PM
i read aloooottt of stuff on where you can carry and am still confused a little.
where can i carry------
with cpl-conceled
with cpl-open
without cpl-open
banks CPL open or Concealed, no CPL you can't without permission
places that serve boose CPL yes OC or CC, in a bar OC only. Without a CPL NO
sports arena CPL OC only, No CPL NO carry.
casino CPL OC only, Without a CPL OC only. Can't conceal in casino
poker room If Private property (Home) with owners permission CC or OC with or without CPL unless it's in one of the place prohibited from concealed carry, then OC only.
posted private prop Private property can ban weapons/firearms. They can also grant permission to carry OC.
i dont have a cpl but am thinking of getting one.
where can i carry??????
help
Almost all your questions can be answered here: http://opencarry.mywowbb.com/forum30/13328.html
If you do not have a CPL you can not have a firearm in any of the places listed in .234d, unless you have permission then OC only.
(1) Sec. 234d (1) Except as otherwise 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.
(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.
IF you have a CPL it would seem you can OC in those places listed in
.234d and in 5o.
(4) Three opinions on this topic. An AG’s opinion, the Michigan State Police, and a State Senator’s.
AG opinion No. 7097 FIREARMS LAWS OF MICHIGAN January 11, 2002: This conclusion is not affected by the provisions of section 234d of the Michigan Penal Code, 1931 PA 328, MCL 750.1 et seq. That statute prohibits certain persons from possessing firearms on certain types of premises as follows: Sec. 234d (1) Except as otherwise 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.
(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,… 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.
MSP opinion:
Your analysis is correct. 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
Executive Resource Section, 714 S. Harrison Rd.
East Lansing, MI 48823
(517) 336-6441
Senator Prusi’s opinion: My office received your inquiry regarding the legality of a licensed CPL holder to open carry a firearm in "Pistol Free Zones." On Friday we received a copy of your correspondence, as Senator Carl Levin's Office referred your letter to my office because your concerns mainly pertain to state issues. As such, I am happy to assist you in this matter.
My office has contacted the Michigan State Police legislative liaison and has received some answers to share with you. According to the liaison, it is legal to openly carry a firearm in a "Pistol Free Zone" if you are licensed a CPL holder. I was advised that your information was correct 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"
zigziggityzoo
03-25-2009, 05:25 PM
Where you cannot carry:
WITH CPL - CONCEALED
Post Office
School, School grounds,
Day Care
Child Placing Agency
Sports Arena
Stadium
Bar/Tavern
Church/place of worship
Entertainment facility with 2500+ seating capacity
Hospital
Dorm/Classroom
Casino
Courtroom
WITH CPL - OPEN
Post Office
Courtroom
WITHOUT CPL - OPEN
Post Office
Bank
Church/Place of Worship
Courtroom
Theatre
Sports arena
Day care center
Hospital
An establishment licensed under the Michigan liquor control act (For sale OR Consumption - Includes grocery/convenience stores that sell alcohol).
joe_robi
03-25-2009, 07:32 PM
thanks guys that realllllly helps!!
tom-n8ies
03-29-2009, 04:59 PM
I thought you could carry in a bar that serves food as long as the majority of their income is not from alcohol by the glass.
When did this change?
tom
Venator12
03-30-2009, 11:59 AM
I thought you could carry in a bar that serves food as long as the majority of their income is not from alcohol by the glass.
When did this change?
tom
You can if you have a CPL. If you don't have a CPL you can not OC in any place that has a liquor license. No carry in Kroger's, or a gas station/convenience store that sells beer or wine, ANY place that sells alcohol. Pretty clear.
And to think I was pretty well educated on the laws.....
So just to say it one more time.....
Since I am a CPL holder...I CAN OPEN CARRY in places that would be against the law to CC...such as a BAR or SPORTS ARENA
Did not know this.....
So Again with a CPL I could open carry into my local Ice Rink???
Thanks
Joe
Venator12
03-30-2009, 02:48 PM
And to think I was pretty well educated on the laws.....
So just to say it one more time.....
Since I am a CPL holder...I CAN OPEN CARRY in places that would be against the law to CC...such as a BAR or SPORTS ARENA
Did not know this.....
So Again with a CPL I could open carry into my local Ice Rink???
Thanks
Joe
According to an AG opinion and the MSP, yes. But most of these places are private property and can ban firearms. I don't know of any case law that supports or disputes the opinions. Some MOC members have OCed in these places with no problems. But it comes down to the cop on the beat and the courts after that.
Thanks venator....
kind of what I figured.....May be lawful but try explaing that to the local PD
Of course on the positive side the rink in question is city owned so I believe preemption would apply
Joe
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