Author Topic: parking lot question  (Read 2652 times)

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Offline shadow120

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parking lot question
« on: May 31, 2011, 02:05:15 AM »
This summer I will be volentering to stay at a fireworks tent overnight for a couple of weeks.  The tent is in the parking lot of a large chain grocery store that sells alcohol.  The tent is at the far corner of the lot.  I would like to open carry but not sure if it would be legal.  Thanks for the help.   Also I do not have my cpl yet. 

Offline northofnowhere

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Re: parking lot question
« Reply #1 on: May 31, 2011, 07:53:57 AM »
     The term used in "Pistol Free Zones" is "premises."  The only exceptions to this is in the CPL law that exempts parking lots (except schools) and there appears to be no exception for those without a CPL.  This is discussed in great detail many places and no firm, definitive answer could be found by me, only speculation as to how you could get around it in a court of law.  My opinion would be that the parking lot of the grocery store would not be legal for you to open carry in.

     My next thought though, is that the fireworks company has leased a portion of the parking lot.  One could argue that the fireworks tent is its own business and has its own parking areas directly around the tent, and that the fireworks company has not liquor license.  If it was me I would ask the owner of the fireworks business if you have permission to conceal carry, and then conceal carry on his business property that he is leasing.  I think this would be your safest bet.

     If you do not wish to ask permission, nor take a chance, locked in a case with the ammo separately stored may be your best bet.  I am confident folks more well versed in the law will chime in soon, and you may get better guidance yet I hope.  Personally, I would open carry on the grounds that you are on the fireworks company's property and parking lot and not the grocery stores.  I feel that is a solid fact if it ever went to court.
Jason E. Reese aka northofnowher

Offline CV67PAT

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Re: parking lot question
« Reply #2 on: June 01, 2011, 02:07:24 AM »
If it is unloaded, separated from ammo, and locked in trunk, is the person still in possession?

If so, then without the expressed permission of the entity's owner or the entity's owner's agent, the person is in violation of 750.234d(1)(h).

But since it is merely a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both, no big deal even if found guilty.

ETA Link:  http://www.legislature.mi.gov/%28S%28vxfgepqrfgqqsb450vkwuofi%29%29/mileg.aspx?page=getObject&objectName=mcl-750-234d
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Offline TheQ

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parking lot question
« Reply #3 on: June 03, 2011, 09:51:13 PM »
I'll give you the same answer I gave you on MGO....
I Am Not A Lawyer (nor a gunsmith).

Offline CV67PAT

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Re: parking lot question
« Reply #4 on: June 04, 2011, 01:14:24 AM »
I'll give you the same answer I gave you on MGO....

Link to where you gave him an answer on MGO?
« Last Edit: June 04, 2011, 01:24:38 AM by CV67PAT »
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Offline autosurgeon

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Re: parking lot question
« Reply #5 on: June 04, 2011, 10:13:15 AM »
Apparently you don't like the answer I also gave you on MGO. The fact is unless the parking area is not owned by the licenced entity and is controled by a non licenced entity then you will need permission from the owner of said licenced entity.

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Anything I post may be my opinion and not the law... you are responsible to do your own verification.

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Offline ocdetroit

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Re: parking lot question
« Reply #6 on: June 04, 2011, 06:26:01 PM »
WOW 8).Carry On
Open carry in Detroit
With both of them.

Offline TheQ

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I Am Not A Lawyer (nor a gunsmith).

Offline CV67PAT

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Re: parking lot question
« Reply #8 on: June 05, 2011, 09:26:32 PM »
Thx
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