Attorney General Opinion #7097

[Bronson]

I don't remember seeing this one written about, discussed, or referenced before.

Bronson

http://www.ag.state.mi.us/opinion/datafiles/2000s/op10173.htm

STATE OF MICHIGAN

JENNIFER M. GRANHOLM, ATTORNEY GENERAL

CONCEALED WEAPONS:
FIREARMS:
PRIVATE DETECTIVES: Private investigator carrying concealed pistol in gun-free zones


A private investigator licensed to carry a concealed pistol is not, by reason of section 234d of the Michigan Penal Code, exempt from the gun-free zone restrictions imposed by section 5o of the Concealed Pistol Licensing Act.
Opinion No. 7097

January 11, 2002

Honorable Doug Spade
State Representative
The Capitol
Lansing, MI

You have asked whether a private investigator licensed to carry a concealed pistol is, by reason of section 234d of the Michigan Penal Code, exempt from the gun-free zone restrictions imposed by section 5o of the Concealed Pistol Licensing Act.
Private investigators are licensed under the Private Detective License Act of 1965, 1965 PA 285, MCL 338.821 et seq. That act does not, however, authorize a private investigator to carry a concealed pistol.

In the Concealed Pistol Licensing Act (Act), 1927 PA 372,1 MCL 28.421 et seq, the Legislature has addressed the licensing of persons to carry concealed pistols. Section 5b of the Act contains the requirements for obtaining a license to carry a concealed pistol. Under section 12a, various categories of persons, including peace officers, are made exempt from the requirements of section 5b for obtaining a license to carry a concealed pistol. There is, however, no exemption for private investigators in section 12a or in any other section of the Act. Thus, private investigators may carry concealed pistols only if they are licensed to do so under section 5b of the Act. Once licensed to carry a concealed pistol, private investigators are subject to the Act's restrictions in the same manner as any other person licensed to carry a concealed pistol.

In 2000 PA 381, the Legislature significantly amended the Concealed Pistol Licensing Act. New section 5b of the Act changed the requirements for obtaining a license to carry a concealed pistol. Under section 5b(7), a county concealed weapon licensing board "shall issue a license to an applicant" who meets the requirements of the Act. Once the board has issued a license, the license holder may, subject to exceptions stated in section 5o, carry a concealed pistol "anywhere in this state."
In section 5o, however, the Legislature enumerated certain so-called gun-free zones, i.e., premises where a person licensed to carry a concealed pistol shall not carry a concealed pistol.

Sec. 5o (1) An individual licensed under this act to carry a concealed pistol, . . . shall not carry a concealed pistol on the premises of any of the following:

a) A school or school property . . . .

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

c) A sports arena or stadium.

d) A dining room, lounge, or bar area of a premises licensed under the Michigan liquor control code of 1998 . . . . This subdivision shall not apply to an owner or employee of the premises.

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 [that has a seating capacity of 2,500 or more].

g) A hospital.

h) A dormitory or classroom of a community college, college, or university. [Emphasis added.]

Section 5o of the Act expressly prohibits persons licensed under the Act from carrying concealed pistols in the specified gun-free zones.2 Nothing in section 5o or in any other section of the Act exempts private investigators from its prohibitions. A clear and unambiguous statement in a statute must be enforced as written according to its plain meaning. Dean v Dep't of Corrections, 453 Mich 448, 454; 556 NW2d 458 (1996). In such instances, statutory construction is neither required nor permitted; rather, the court must apply the statutory language as written. Piper v Pettibone Corp, 450 Mich 565, 572; 542 NW2d 269 (1995).

Therefore, a person licensed to carry a concealed pistol, even if that person is a licensed private investigator, must obey section 5o of the Concealed Pistol Licensing Act and shall not carry a concealed pistol in any of the gun-free zones identified in the Act.
This conclusion is not affected by the provisions of section 234d of the Michigan Penal Code, 1931 PA 328, MCL 750.1 et seq. That statute prohibits certain persons from possessing firearms on certain types of premises as follows:

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, . . . .

(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.

When applied to a private investigator licensed to carry a concealed pistol, there is no inherent conflict between the gun-free zone provisions in section 234d of the Penal Code and those in section 5o of the Concealed Pistol Licensing Act. The former statute, which prohibits firearms in certain protected zones, does not apply to persons who are licensed to carry a concealed weapon.3 The latter statute, which contains no exemptions, prohibits concealed weapon licensees from carrying a concealed pistol in certain protected gun-free zones. The legislative prohibition in section 5o of the Concealed Pistol Licensing Act is not diminished in any way by section 234d of the Penal Code. When statutes govern the same subject matter and are in pari materia, the court must endeavor to construe them harmoniously and to give them reasonable effect. Speaker v State Administrative Bd, 441 Mich 547, 568, 579; 495 NW2d 539 (1993).

It is my opinion, therefore, that a private investigator licensed to carry a concealed pistol is not, by reason of section 234d of the Michigan Penal Code, exempt from the gun-free zone restrictions imposed by section 5o of the Concealed Pistol Licensing Act.

JENNIFER M. GRANHOLM
Attorney General

1The Act was significantly revised by amendatory 2000 PA 381.

2Act is subject to the penalties in section 5o(3)(a)-(c) of the Act. These penalties include fines, license suspension or revocation, and for third time offenders person with a license to carry a concealed pistol who carries a pistol on premises protected under section 5o(1)(a)-(h) of the Concealed Pistol Licensing , up to four years imprisonment.

3A similar statutory provision criminalizes the possession of weapons in school zones but expressly exempts certain persons, including persons licensed to carry a concealed weapon. MCL 750.237a.

[scot623]

That piece of crap Governor was a great AG....where did it all go wrong.

[CV67PAT]

While the Attorney General is an elected position, it is a lawyer's job. As AG she opined and argued from a legal position.

As the Governor of the State of Michigan that all changed because the incumbent acts solely on political motivation. Nothing more. Nothing less.

As a lawyer she excelled. As governor she was a political whore. Like every other politician before her or after her. Turning tricks for the highest contributor.

[smallthunder]

While the Attorney General is an elected position, it is a lawyer's job. As AG she opined and argued from a legal position.

As the Governor of the State of Michigan that all changed because the incumbent acts solely on political motivation. Nothing more. Nothing less.

As a lawyer she excelled. As governor she was a political whore. Like every other politician before her or after her. Turning tricks for the highest contributor.

Well said.

[Greyh Seer]

I keep reading comments about the current AG not being gun frienldy...why is this?

[BailEnforcer]

I keep reading comments about the current AG not being gun frienldy...why is this?

Good question

Recently I ran into a sitution on a voluntary surrender; the debtor scheduled a time for me to pick up his vehicle and he was giving it back to the bank before it was repossed for non-payment.

I got to his house on the day and time he asked me to be there and he was not home; not uncommon on voluntary surrenders.  I spoke with the person sitting ont he poarch and advised whom I was and ehy I was there and I then walked to the rear yard where the van was located at to check the vin and see if it would start so I could drive it out to my truck.  Low and behold it was blocked in by 5 unregestered cars and when I turned around the guy I had talked to on the front poarch; that siad he didnt live there, nor did he know the debtor, was standing right behind me with a pistol leveled at my head and his finger on the trigger.  All he said is I couldnt be in the yard and that I had to leave.  Which I did; no sense in getting into a firefight over a car. 

I returned to my truck and called the debtor's cell phone only to be told he wasnt home, I explained that I was just at the house to pick up a van per his request and that it was now a police matter since someone there pulled a gun on me and the caller then said he didnt want to get involved.  When I looked back the man that had drawn down on me was getting into his vehicle and leaving.

As per company policy I called the Detroit Police to do an incident report.  All went as always in these cases.  A cop comes out and says what hapened, takes down the information and gives me a report number.

An hour or so later I get a call to report into the local precient to speak with an investigator as they had made an arrest and recovered the weapon.  Wowo they actually arrested someone this was a first.

Found out later on the debtor is a Detroit cop; which the responding officers where unaware of, and it was his brother that pulled the gun on me.  He has been charged with Felonous Assualt with a Firearm, and Felony Firearms Posession.

What joy what fun now every few weeks I have to go back to court and wait to testify against this clown.

The Procescutor int he case said the AG has a real hard on for people that pull this kind of crap; especially those that are related to cops and think they are above the law!

[smallthunder]

Wowo they actually arrested someone this was a first.

I know right...  Detroit doing there job?  I wonder what would have happened if the officer new it was a cops address and that was a cops brother.....

[ocdetroit]

?  Carry On.

[BailEnforcer]

*** UPDATE ***

I have lost my job with the repo company I was working for when this incident happened and as a direct response to this incident.  I followed their guidelines in such a case and now I am unemployeed because I did what they told me to do and I still have to appear in court against thiis guy and if I don't I've been told I will eb charged with filing a false report even though this actually happened!  Welcome tot he Obama age!

[Glock19]

d) A theatre.
a) depository financial institution or a subsidiary or affiliate of a depository financial institution.

so these are places u cant carry even with cpl??

[JoeCar]

Bail Enforcer, if you followed company guidelines, then what is the real reason that the repo company is letting you go? Maybe you should connect with Jeff Haman's lawyer for your case.