Spoke to MSP...Bad Info!


Dale Holcomb

New member
Spoke with a MSP Lieutenant today over the phone that's in charge of the gun board in my county (St. Clair). The conversation started out about me being a state Department of Corrections Lieutenant and getting an exemption on my CPL. It was denied, but the conversation led into open-carry when I told him that my reason for wanting the exemption status is because I've run into a couple ex-convicts of late and am concerned about me not being able to carry concealed at one of the places (hockey arena...pistol-free zone) I frequent. This is where I ran into the convicts, due to some community service work they were doing. I'm there about 4-5 times a week with my son and his hockey. I told him, "I know that with my CPL, I can carry open there even though it's a pistol-free zone, but I'd rather not advertise if I don't have to." We went round and round with it for a little while. IMHO, he had a lot of misinformed information about CPL's and open-carry laws. He first said that my CPL meant that I had to carry it concealed. He seemed to keep telling me information that I knew wasn't correct, and when I called him on it he would then retract it somewhat, like when I responded "I know for a fact, per your "MSP Alert Bulletin" that I receive at work, that open-carry is legal in Michigan. I can walk down the street and carry a pistol in the open even without a CPL." He then retracted somewhat by saying, "Yes, but if a business says you can't, then you have to leave." I agreed. He said he wasn't concerned with open-carry, only concealed issues. I was polite and told him about several of the MCL's concerning CPL's, where open-carry issues are involved with them directly.

I then told him that..."per the MSP website, regarding pistol-free zones, it states that a person with a CPL is exemept, so that means I can carry open there if I have a CPL...right?" I decided to end the conversation with him when he responded, "If you carry open in any of the pistol-free zones, even with a CPL, you'll be arrested." He did give me his email address and said that I could send him some information that I thought might be helpful regarding our conversation.

I wasn't really prepared to start quoting MCL numbers during the phone call, nor do I think it would have helped at the time. I know I wouldn't have listened much to me over the phone, especially when he was about to go on vacation after today. I at least got a window of opportunity by getting his email address and phone # to start the process of educating him.

Any suggestions on how best to approach this?


I at least plan on sending him this:


AG Opinions No. 7097 January 11, 2002 and No. 7097 January 11, 2002. “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.” Sgt. Thomas Deasy, Michigan State Police Executive Resource Section, (517) 336-6441.)
 

Nice, its good to get the word out, so many police officers believe that just because we have a CPL they seem to think we somehow gave up our right to OC which isnt true. Law is law, and if it states we can OC, we can and will. As for CP free zones, open carrying is a bit risky, but at least you informed him that it is in fact legal if you have a valid CPL. Hope all goes well with you and your son at his games. I hope all information is passed to the LT, and he responds with something along the lines of "Ive informed all my troopers of this misunderstood law, thank you"

Pcel
 
One day people will grasp the concept that Law Enforcement Officers are exactly that. They are NOT Law Interpretation Officers. If you want a law explained talk to a lawyer.
 
...
Any suggestions on how best to approach this? ...
You hear this a lot on gun boards and they are generally being sarcastic or insulting but:
"Move to a shall issue state."

The reason I don't mean it in a negative or demeaning manner is because you have experience and skills which your state needs. If your state won't respect your rights and needs, take your abilities to another state that will. Your repressive state will suffer and a less restrictive state will improve.
 
Sounds like a very nice conversation,but not knowing the LT position, the law is that a CPL holder can OC in pistol free zones...
Leo's don't like it, and will arrest you on the spot..Unless you have in writing you can OC there, I would refer to a lawyer as was mention ...( if you do, i would suggest a lawyer John Freeman)

If you really want to be exempt on your CPL, Become a Private Detective,Don't know if that's really something you want to do,but other than Ocing or Becoming a LEO...

Store it,lock it, and i would worry about the Ex-cons too much, but if you see something call you local PD desk SGT and they should have a patrol car come by...

Stay safe...
:biggrin:
 
You hear this a lot on gun boards and they are generally being sarcastic or insulting but:
"Move to a shall issue state."

The reason I don't mean it in a negative or demeaning manner is because you have experience and skills which your state needs. If your state won't respect your rights and needs, take your abilities to another state that will. Your repressive state will suffer and a less restrictive state will improve.

Just an FYI, Michigan IS a shall issue state. But just because it is, doesn't mean the cops are any brighter on the laws. The OP has his CPL. He wanted to get the exemption that would let him carry in the "Pistol Free Zones" that non-LEOs are prohibited from carrying concealed in. With a little luck this legislative season, those PFZs will go the way of the do-do bird.
 
I would steer him to the MSP website and specifically quote the MI AG opinion which bears the weight of law WRT that....
 
I open carried into Royal Oak High School to vote in November. It was definitely noticed but no issues.

Sheldon has the right idea here...
 

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