Posted: 6/17/2014 4:31:09 PM EDT
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Was just reading the pistol free zone laws and according to this:http://www.legislature.mi.gov/%28S%28o1313oamnddzim45isu0ilef%29%29/mileg.aspx?page=GetObject&objectname=mcl-750-234d
It say church carry is allowed for CPL: THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931 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. (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both. But my CPL say no church carry, What is going on here? |
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There is a separate section for CPL holders. See #5. The languae in PFZ's is one of the thing currently (before summer break at least) being looked at by the Legislature. Don't know if they got anywhere with it.
Pistol Free Areas Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol or a portable device that uses electo-muscular disruption technology on the following premises: Please refer to MCL 28.425o for the complete statutory text 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 or officials allow 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. A pistol is subject to immediate seizure if the CPL holder is carrying a pistol in a "pistol free" area. The pistol is only subject to seizure if the holder is carrying it concealed. The following penalties may also be imposed: •First offense: State Civil Infraction, $500 fine, CPL permit suspended 6 months •Second offense: 90-day misdemeanor, $1000 fine, CPL permit revoked •Third and subsequent offenses: 4-year felony, $5000 fine, CPL permit revoked |
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MCL 750.234d isn't the pistol free zones part of the concealed carry act. It it a FIREARMS FREE ZONE for everyone who is not otherwise exempted. MCL 750.234d starts out with "except as provided in subsection (2)....". Well, subsection (2) exempts polices officers, CPL holders, and others from the entirety of the firearm possession prohibitions in MCL 750.234d. This is why it is legal for CPL holders to open carry in schools, hospitals, and other places listed in 750.234d. CPL holders are EXEMPTED from 750.234d, and although they can't carry CONCEALED in those place because of the Pistol Free Zones part of MCL 28.425 (the CPL law), they have been exempted from the only other law that prohibits possession of firearms in those sensitive places. So the statewide open carry law governs. The Michigan legislature closed this crazy loophole when it passed the enhanced CPL law, unfortunately it was right after the Newtown tragedy and Gov. Snyder vetoed the bill. So we don't get enhanced CPL and the crazy loophole persists. MCL 750.234d in its entirety: http://legislature.mi.gov/doc.aspx?mcl-750-234d 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. (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both. |