Open Carry Specific > OC Questions

Schools

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KelticKowboy:
Another question...if having a "License to Purchase" would prevent me from breaking the law for being withing 1000ft of a school,  why wouldn't this law also allow me to OC without a CPL on school property?  Is there a separate law?

Sorry for all of the questions, but I want to understand the laws as best I can especially since it directly effects me with where I live. I am within 1000 ft. of a school and I am also living in a rented house which I am wondering if also works into my situation of whether I can OC or not?

CoonDog:
KK, I believe you're missing the distinction that there are two sets of statutes in play here: federal and state.  First, I'll note that you are a CPL holder as that will make the discussion easier.

Under federal statute (which may or may not survive a challenge of jurisdiction), you cannot possess, on school property in your state, a firearm that has been engaged in interstate commerce, unless you have a license from your state.  There are two licenses in MI, the LTP and CPL, that disqualify this statute from applying to registered MI gun owners.  I don't believe that the federal statute makes any distinction between OC and CC, but I won't have it here in front of me to confirm.

Starting from scratch, so to speak, under MI law, you cannot carry in a weapon free school zone, as stated in MCL 750.237a(4) unless you qualify for an exemption in 750.237a(5).  CPL holders are exemption 750.237a(5)(c).  According to this statue, you can now carry on school property as a CPL holder.  So now you can carry on school property, but 28.425o(1)(a) prohibits concealed carry on school property, so you must OC if you are going to carry on school grounds.

You will also notice that there are other exemptions for school carry beyond the CPL exemption, but I do not address those here.

http://www.legislature.mi.gov/%28S%28e3zjlgulfq3max45uinvfd55%29%29/mileg.aspx?page=GetObject&objectname=mcl-750-237a

http://www.legislature.mi.gov/%28S%28ohfhir3fztfwffj4oqrbf545%29%29/mileg.aspx?page=GetObject&objectname=mcl-28-425o

ETA: I have seen some discussion that schools may make their own policies regarding firearms carry and can ask you to leave the building and/or grounds.  I am not familiar with the particulars herein, so others will have to illuminate you on that topic.

KelticKowboy:
Ok...I'll try to make this the last question for clarification.  Is there any law that prevents me from legally OCing without a CPL near a school as long as I am not on school property.  Thank you!

autosurgeon:
Not that I am aware of.

dtmartin408:
I read a reply that said you can only oc on school property with a cpl and it sounded like they were implying that you couldn't conceal carry.  If i'm not mistaken you can also conceal carry as long as you are in a vehicle and picking up or dropping off a student at a school.

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