Author Topic: CC question for those with CPL  (Read 4624 times)

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Offline JSteinmetz

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CC question for those with CPL
« on: April 22, 2011, 09:46:46 PM »
So a good friend of mine told me a story today about a woman who supposedly applied for PFZ exemption due to her working in a hospital, and the gun board granted it.  Not sure how much of this is urban legend, but does anyone know if this could be possible?  Everything I found on the application and whatnot stated otherwise, but the story is that she claimed that her place of employment caused an infringement on her rights, and that they granted her the exemption because of this.

Any suggestions?  Anyone know where to turn to ask about this?  I was going to call the sheriff's office Monday to ask them about it, but would like to have more info before I call with generalized questions.

Thanks in advance!
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Offline CV67PAT

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Re: CC question for those with CPL
« Reply #1 on: April 23, 2011, 03:12:48 AM »
One aspect that casts a shadow on the whole story is the contention that the hospital (employer) created the infringement of her rights. In reality it was the state legislators that did that through the legislation of the Act.
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Offline autosurgeon

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Re: CC question for those with CPL
« Reply #2 on: April 23, 2011, 08:19:10 PM »
It doesn't matter if the checkbox is checked if she doesn't meet the requirements for an exemption then she does not have one.
Anything I post may be my opinion and not the law... you are responsible to do your own verification.

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Offline JSteinmetz

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Re: CC question for those with CPL
« Reply #3 on: April 24, 2011, 09:59:18 AM »
Does anyone know if there is a list of the 'exemptible persons' (not sure if that's actually a word, but it should get the point across) besides the one on the application?  Is there any precedent for non-LEOs or PIs to qualify for the exemption?
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Offline Bronson

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Re: CC question for those with CPL
« Reply #4 on: April 24, 2011, 12:05:08 PM »
Does anyone know if there is a list of the 'exemptible persons'

It's written into the law.

Quote
28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation; penalties.
Sec. 5o.

(1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:

(a) A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the child from the school. As used in this section, "school" and "school property" mean those terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.

(b) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.

(c) A sports arena or stadium.

(d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but is not required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(e) Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.

(f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.

(g) A hospital.

(h) A dormitory or classroom of a community college, college, or university.

(2) An individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol in violation of R 432.1212 or a successor rule of the Michigan administrative code promulgated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.

(3) As used in subsection (1), "premises" does not include parking areas of the places identified under subsection (1).

(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 professional investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851.

(d) An individual who is licensed under this act and who is a corrections officer of a county sheriff's department.

(e) An individual who is licensed under this act and who is a motor carrier officer or capitol security officer of the department of state police.

(f) An individual who is licensed under this act and who is a member of a sheriff's posse.

(g) An individual who is licensed under this act and who is an auxiliary officer or reserve officer of a police or sheriff's department.

(h) An individual who is licensed under this act and who is a parole or probation officer of the department of corrections.

(i) A state court judge or state court retired judge who is licensed under this act. The concealed weapon licensing board may require a state court retired judge to obtain and carry a letter from the judicial tenure commission stating that the state court retired judge is in good standing as authorized under section 30 of article VI of the state constitution of 1963, and rules promulgated under that section, in order to qualify under this subdivision.

Unless she's one of those her little checkbox means nothing.

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine