Michigan Open and Concealed Carry Laws and Information


calvin

Benevolent Overlord
Link Removed

Let me know if there is anything I missed.
 

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Sheldon

New member
Looks good

N there are more and more states added to the reciprocity list, someday maybe they will all be Grey.
 

venator

New member
Hey kids, I've updated MI's concealed permit info. I'll get laws done here shortly. Let me know if there's anything that's incorrect or if I should add something.

The section on open carry sounds like opinion and not fact. Open carry is growing in Michigan and more people including myself carry in urban areas daily. I carry in the greater Lansing area and have been for over a year. No problems encountered. So I suggest you revise it to say something like this:

Open carry is legal, and due to the 1990 preemption law MCL 123.1102, no local ordinances on firearm restrictions greater than the state are enforceable. While open carry is not common its practice is growing in Michigan.

This would better define the current practice of open carry.
 

venator

New member
Hey kids, I've updated MI's concealed permit info. I'll get laws done here shortly. Let me know if there's anything that's incorrect or if I should add something.


The section below is incomplete: I suggest adding the last part or some edited portion of it.


Pistol free zones do not apply to any of the following:

• A licensee who is a retired police officer or retired law enforcement officer. The concealed weapon licensing board may require a letter from the law enforcement agency stating that the retired police officer or law enforcement officer retired in good standing.

• An individual who is licensed as a private investigator or private detective under the private detective license Act, 1965 PA 285, MCL 338.821 to 338.851.

* An AG opinion, the Michigan State Police and Senator Prusi stated that a person with a CPL can carry a firearm openly in the exempted areas listed in MCL 750.234d.

Opinion No. 7097 January 11, 2002… A person licensed by this state… to carry a concealed weapon….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, including a private investigator, 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.

“...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

“…My office has contacted the Michigan State Police legislative liaison....According to the liaison, it is legal to openly carry a firearm in a "Pistol Free Zone" if you are a licensed CPL holder....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"
 

skipjack_1st

New member
Pretty interesting. I'd be willing to bet that in those situations, (open carry in restricted areas), the local PD will be called promtly. It'd be nice to get the message out so as to avoid hassels.
 

venator

New member
Pretty interesting. I'd be willing to bet that in those situations, (open carry in restricted areas), the local PD will be called promtly. It'd be nice to get the message out so as to avoid hassels.

Well, we have a member (with CPL) that open carries at a Flint area high school with no problems. We have others that open carry in bars in the Detroit metro area, so it is being done. Most of the restricted areas are private property and they can restrict guns at will.

Education is the primary reason that opencarry.org exists. As for the growing Michigan movement I have sent this info and more to several Police Departments and Sheriff offices in an attempt to get the message out. We also have have open carry get togethers in a few large cities as well as had some press coverage on the topic. See the Flint Journal article here: Link Removed

This link will take you to the article I wrote for the Lansing State Journal. Link Removed

Check out the Michigan forum on OpenCarry.org - A Right Unexercised is a Right Lost! for more info.

Cheers,
Brian
 

Sheldon

New member
OMG Jenny did that!!!

here is the link to the AG opinion and it was Signed by Jenifer Grandholm when she was still MI AG go figure!
(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, including a private investigator, 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.

Although this opinion is targeted at private investigators, there is not specific verbiage that limits it too in the balded selections, and further makes no distinction between OC and CCW to a licensed individual, now I am no lawyer, but this appears to open a big door.
 

venator

New member
Hey kids, I've updated MI's concealed permit info. I'll get laws done here shortly. Let me know if there's anything that's incorrect or if I should add something.

You have stated the open carry is unrestricted in Michigan on the info page. It is if you don't have a CPL. But you are restricted if you don't have a CPL in these places (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.

SO THERE IS SOME RESTRICTION. You may want to update that as well. And again open carry is becoming more popular in the city as well as rural areas. You might want to make note of that as well.
 
F

frank.macher

Guest
January 2009 change to the Public Act 019

there are specific changes opening up some of the interpretation scheduled to take effect in Jan 2009.

Act No. 194
Public Acts of 2008
Approved by the Governor
July 10, 2008
Filed with the Secretary of State
July 11, 2008
EFFECTIVE DATE: January 7, 2009
(4) Subsection (1) does not apply to any of the following:
(a) An individual licensed under this act who is a retired police officer or retired law enforcement officer. The
concealed weapon licensing board may require a letter from the law enforcement agency stating that the retired police
officer or law enforcement officer retired in good standing.
(b) An individual who is licensed under this act and who is employed or contracted by an entity described under
subsection (1) to provide security services and is required by his or her employer or the terms of a contract to carry a
concealed firearm on the premises of the employing or contracting entity.
(c) An individual who is licensed as a private investigator or private detective under the private detective license
act, 1965 PA 285, MCL 338.821 to 338.851.
(d) Any of the following who is licensed under this act:
(i) A corrections officer of a county sheriff’s department.
(ii) A motor carrier officer or capitol security officer of the department of state police.
(iii) A member of a sheriff’s posse.
(iv) An auxiliary officer or reserve officer of a police or sheriff’s department.
(v) A parole or probation officer of the department of corrections.​
 

Itstjs

New member
I think for now Ill stick to leaving my weapon in the car when I enter schools and such, unless that is if I speak with the owners first. Id hate to cause a panic at a local school or court house. Then again, guns being pointed at me with people in dark clothing with metal shields on their shirts, isnt good for this guy, not in the least bit. But, it would help reduce the negative image on all people with guns. :hang3:
 

Itstjs

New member
Question...I dont openly carry very often, but I do have a rather awsome level 2 retention holster, I live within the Flint City limits, and recently I heard the City had banned open carry, can they enforce the law within city limits or does state still overrule their law?
I know state usually superceeds local laws, but can the city even issue me a ticket or citation?
Thanks,
 

emt232004

New member
Question...I dont openly carry very often, but I do have a rather awsome level 2 retention holster, I live within the Flint City limits, and recently I heard the City had banned open carry, can they enforce the law within city limits or does state still overrule their law?
I know state usually superceeds local laws, but can the city even issue me a ticket or citation?
Thanks,

FIREARMS AND AMMUNITION (EXCERPT)
Act 319 of 1990


123.1102 Regulation of pistols or other firearms.

Sec. 2.

A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

History: 1990, Act 319, Eff. Mar. 28, 1991


Michigan Legislature - Section 123.1102
 

xmanhockey7

New member
When you refer to the pistol free zones not applying to CPL holders, does that mean they can open carry in these places

Yes. In Michigan there is a list of places where a CPL holder cannot carry a CONCEALED handgun. There is another list of places where firearms are not allowed to be. The second list is almost the same but still slightly different. The big part about the second list is it exempts those who have a CPL. So since they are not carry concealed under the first list and the second list exempts them they can open carry(the second list makes no mention of open carry).
 

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