Open carry in bank

[missoak]

Last week while in the bank, I noticed a young man who was obviously not a police officer, openly carrying a pistol while at the window inside the bank. Being new to the whole open carry thing, I'm confused by his actions.

 

[Glockster20]

Last week while in the bank, I noticed a young man who was obviously not a police officer, openly carrying a pistol while at the window inside the bank. Being new to the whole open carry thing, I'm confused by his actions.

In what state did this occur? By the way, welcome to the site!

 

[missoak]

Michigan

 

[NavyLCDR]

Michigan

So, then, the next question becomes, what part of his actions confused you?

 

[eaccents]

Michigan Open Carry

See this link for more information on open carry in Michigan:

http://www.usacarry.com/forums/michigan-discussion-firearm-news/2792-open-carry-legal-michigan.html

From what I read on this link, the actions of the young man in the bank were legal.

 

[elkhuntCO]

From reading your link, if the man in the bank had a CPL he is exempt from the pistol free zone ban on open carry. I would assume that is the case since he was open carrying in the bank, that is a rather obvious place for him to carry illegally. It is possible of course that he is just not familiar with the law and was in violation of theban on open carry in the bank.

Hopefully he was just a CPL holder and ignorant of the law.

Semper Fi

 

[NavyLCDR]

From reading your link, if the man in the bank had a CPL he is exempt from the pistol free zone ban on open carry. I would assume that is the case since he was open carrying in the bank, that is a rather obvious place for him to carry illegally. It is possible of course that he is just not familiar with the law and was in violation of theban on open carry in the bank.

Hopefully he was just a CPL holder and ignorant of the law.

Semper Fi

Wow, Michigan law is confusing. Anyway, finally found the pertinent statute:

Michigan Legislature - Section 750.234d

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.

 

[NavyLCDR]

BTW,
How did you know it was obviously not a LEO? You'd be surprised what some of the NCIS agents here look like, especially when off duty.

 

[missoak]

He appeared to be a regular customer,was joking around with the teller.( possibly be a merchant).
I know in mi. It is illegal to carry concealed in a bank at any time. But why is it ok to open carry if you have a cpl? Stupid !
I just want to know it's ok for me to oc while in the bank with a cpl.

Oohrah ! ! !

 

[Yosimite sam]

He appeared to be a regular customer,was joking around with the teller.( possibly be a merchant).
I know in mi. It is illegal to carry concealed in a bank at any time. But why is it ok to open carry if you have a cpl? Stupid !
I just want to know it's ok for me to oc while in the bank with a cpl.

Oohrah ! ! !

PLACES off limits to firearms without a CPL: 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 Bank. b) A church. 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 (BAR). This is code michigan.
1) Any law abiding citizen of the State of Michigan who owns a safety inspected handgun may openly carry (in a holster) said firearm in all places not explicitly exempt by law with or without a CPL. Private property rules over-ride state law in regards to firearm possession.

 

[W.D.Murray]

1) Any law abiding citizen of the State of Michigan who owns a safety inspected handgun may openly carry (in a holster) said firearm in all places not explicitly exempt by law with or without a CPL. Private property rules over-ride state law in regards to firearm possession.

MSP Legal Update Newsletter: April 2007: Did You Know: …It is not illegal under Michigan law to openly carry a pistol…...

PLACES off limits to firearms without a CPL: 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 Bank. b) A church. 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 (BAR). (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.


The way this reads to me is that if you have a cpl you can carry any way that you want to in a bank.

 

[missoak]

Thanks guys, still not sure if i'll want to walk into the bank oc. But if you go to the bank and take out a boatload of $$$, what good is your piece if it's locked up in the car? Eh?

Semper fi ! ! !

 

[NavyLCDR]

If you don't want to OC in the bank, it would certainly appear to be legal to conceal carry there, the applicable statutes are posted, there does not seem to be anything in them that prohibits concealed carry by license holders. Where did the idea it was illegal to conceal carry with a license in a bank come from?

I'll wager it was in the CPL training class?

 

[Rocketgeezer]

Glad I don't ive in Michigan, but there is worse places, New York State for one

 

[missoak]

Not really sure where the concept first came up. Could have been in the class. Gets confusing when you listen to pro & con on any type of carry.
I still don't have my CPL, but when I do get it, I just want to feel as tho' I,m doing all the right things.

 

[Jay]

I'm not up on MI laws, but I open carry in my bank several times a week...... matter of fact, I taught all the employees how to shoot.

 

[eaccents]

Concealed Carry in bank is OK

MissOak:

I'm pretty sure that idea that it is NOT ok to carry concealed in a bank in Michigan was NOT put into your head by a CCW class. CCW class instructors like to point to the simplified listing that is on the Michigan State Police website and also printed on the back of your CPL license:

MSP - Pistol Free Areas

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.

A pistol is subject to immediate seizure if the CCW permit holder is carrying a pistol in a "pistol free" area. The following penalties may also be imposed:

* First offense: State Civil Infraction, $500 fine, CCW permit suspended 6 months
* Second offense: 90-day misdemeanor, $1000 fine, CCW permit revoked
* Third and subsequent offenses: 4-year felony, $5000 fine, CCW permit revoked

Furthermore, effective March 29, 2001, per Administrative Order 2001-1 of the Michigan Supreme Court:

*
"Weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy."

**********************************

ADDITIONALLY, post offices and federal facilities are named as off limited for concealed carry as per federal law:

source: Link Removed

2. Are there any places where I may not carry a concealed pistol?

MCL 28.425o Anyone licensed to carry a concealed pistol from Michigan or another state shall not carry a concealed pistol in any of the pistol free zones. For a complete list, please see: Pistol Free Areas . Under Federal law, firearms are also restricted in federal facilities. A federal facility means "a building or part thereof owned or leased by the federal government, where federal employees are regularly present for the purpose of performing their official duties." This includes facilities such as post offices and federal courts.

*************************************

Some people might view banks as a federal facility, and THAT is likely the source of the misconception that CC is not allowed in banks.

Unless you are in the Federal Reserve, the bank that you are going to is NOT a federal facility. Therefore, unless they have a sign posted that handguns are not welcome in their bank, you should be fine.

Remember, though, that concealed means just that: others cannot and should not see your weapon.

 

[Anthony_I_Am]

Here in NC it's against the law to carry concealed into a bank (even with a CHP), but you can carry openly. Go figure. Those who have been thru all the training and the thorough back-ground checks and the "registration" of their personal info with the authorities can't be trusted. Every other thug can carry in a bank so long as it is in plain view.





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[Yosimite sam]

It`s definitely a backwards system.Make things harder for the law abiding citizen while making things easier for the criminals.

 

[missoak]

I have my CPL now, still confused. I just want to carry in the bank, oc or cc. It's just a bank, not a FED. These laws are so vague, it's like the cops want you to mess up !