Posted: 7/10/2014 4:34:29 PM EDT
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Hi all. I'm gonna be visiting for a few days and looking for clarification on MI carry law.
750.234d lists where possession is prohibited, which includes liquor establishments. Then lists exemptions which include, "A person with a valid concealed pistol license (CPL) issued by any state". 750.234d does not mention concealed or open, just states possession is prohibited. MCL 28.425o also lists prohibited zones also but says the statute applies to cpl holders carrying concealed and license holders can open carry in those locations. 
Am I understanding correctly that I can open carry should I stop for a bite at a bar & grill? (providing I'm not drinking) I'm reading this from "MSP Legal Update Number 86" in the hometown sticky |
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yep. Michigan is a bit screwy. The zones listed in MCL 750.234(d) are firearm-free zones, however if you have a license to carry concealed you're exempted. So the law doesn't apply to you and you can carry in those zones. Most (but not-all) of the zones in MCL 750.234(d) are ALSO prohibited zones in MCL 28.425(o), the concealed carry law - so you can't carry a pistol CONCEALED in those zones because of the restrictions in MCL 28.425(o). However as we mentioned you're exempted from the more general firearm possession restrictions in MCL750.234(d) by virtue of having a concealed pistol license, so there's a loophole where a concealed pistol licensee can legally OPEN CARRY a weapon in places like schools, sports arenas, and hospitals even though they are prohibited places for licensed CONCEALED carry or unlicensed open carry. This crazy loophole has been affirmed by Michigan Attorney General Opinion 7113. Re. alcohol-related places, MCL750.234(d) says you cant possess a firearm at basically any establishment licensed under the Michigan liquor control act. So if it sells or serves alcohol, no firearms. Good thing that as a licensee, you're exempted from that. The prohibition in MCL28.425(o) that concealed carry license holders must abide by only says no concealed carry in a place where 51% or more of the establishment's revenue is from alcohol consumed by the glass on the premises. So if it looks and smells like a "bar", you probably shouldn't carry concealed (open carry still OK, for the aforementioned reasons). If it's a bowling alley, restaurant, bar& grill, Chuck E Cheese, grocery store, 7-11, etc. you're good to carry there, open or concealed. Possessing a concealed pistol on your person or accessible to the occupants of your motor vehicle with a BAC above .02 is illegal according to MCL 28.425(k) . Most males spike .02 with about 1 beer consumed in an hour, so if you're carrying its always better to completely abstain from drinking. Hope that helps. where are you visiting? |
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Thanks for the explanation. Still a bit confusing tho, as 750.234d and MCL 28.425o both list, for example, hospitals, day cares and sports arenas. Unsure whether one could carry concealed there or not. My main concern was restaurants that serve alcohol but it looks like I'm good there.
We'll be staying in Munising and going to up thru Pictured Rocks, Whitefish Point and Tahquamenon Falls in the UP. Then maybe head west to the Keweenaw. Are there any carry restrictions to be aware with state parks and forest land? I would assume all fed forest land is gtg. We do a lot of snowmobiling around there in the winter but this will be a first in the warm season. Since I've only had my chl for a couple months, taking any handguns up with us was out of the question. |
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Quoted:
Thanks for the explanation. Still a bit confusing tho, as 750.234d and MCL 28.425o both list, for example, hospitals, day cares and sports arenas. Unsure whether one could carry concealed there or not. My main concern was restaurants that serve alcohol but it looks like I'm good there. We'll be staying in Munising and going to Tahquamenon Falls, up thru Pictured Rocks and Whitefish Point in the UP. Then maybe head west to the Keweenaw.I would assume all fed forest is gtg. Is state land gtg also? We do a lot of around there in the winter but this will be a first in the warm season. Since I've only had my chl for a couple months, taking any handguns up with us was out of the question. I can't cite the actual MCL but a new law was recently passed that you are allowed to carry concealed in State Parks. A good resource for concealed carry rules is http://www.mcrgo.org/mcrgo/d_ccwfaq.asp. |
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Quoted:
I can't cite the actual MCL but a new law was recently passed that you are allowed to carry concealed in State Parks. A good resource for concealed carry rules is http://www.mcrgo.org/mcrgo/d_ccwfaq.asp. Quoted:
Quoted:
Thanks for the explanation. Still a bit confusing tho, as 750.234d and MCL 28.425o both list, for example, hospitals, day cares and sports arenas. Unsure whether one could carry concealed there or not. My main concern was restaurants that serve alcohol but it looks like I'm good there. We'll be staying in Munising and going to Tahquamenon Falls, up thru Pictured Rocks and Whitefish Point in the UP. Then maybe head west to the Keweenaw.I would assume all fed forest is gtg. Is state land gtg also? We do a lot of around there in the winter but this will be a first in the warm season. Since I've only had my chl for a couple months, taking any handguns up with us was out of the question. I can't cite the actual MCL but a new law was recently passed that you are allowed to carry concealed in State Parks. A good resource for concealed carry rules is http://www.mcrgo.org/mcrgo/d_ccwfaq.asp. State Parks have been fine for years, been carrying [concealed] at Silver Lake for years. No issues. |
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Quoted: Thanks for the explanation. Still a bit confusing tho, as 750.234d and MCL 28.425o both list, for example, hospitals, day cares and sports arenas. Unsure whether one could carry concealed there or not. My main concern was restaurants that serve alcohol but it looks like I'm good there. We'll be staying in Munising and going to up thru Pictured Rocks, Whitefish Point and Tahquamenon Falls in the UP. Then maybe head west to the Keweenaw. Are there any carry restrictions to be aware with state parks and forest land? I would assume all fed forest land is gtg. We do a lot of snowmobiling around there in the winter but this will be a first in the warm season. Since I've only had my chl for a couple months, taking any handguns up with us was out of the question. 750.234d and MCL 28.425o both list, for example, hospitals, day cares and sports arenas. Unsure whether one could carry concealed there or not. You can't CONCEAL carry in those places, since they are prohibited in MCL 28.425, the Concealed Pistol License (CPL) law. As a CPL holder though, you can legally OPEN CARRY in those places (although it's probably not a great idea most of the time), since you're exempt from the law that prohibits firearm possession in those places. There aren't any statutes in Michigan that specifically allow open carry, so the constitutional language that permits carrying of arms for the defense of oneself and the state basically governs - Michigan is an "open carry" state except where firearm possession is specifically prohibited (the places listed in MCL 750.234(d), which CPL holders are exempted from). Those are some great places, i really like the northern lower penninsula and the UP - I hope you have great weather!
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