Author Topic: Open carry at a sports arena  (Read 9298 times)

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Offline daveslim182

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Open carry at a sports arena
« on: December 01, 2011, 10:31:08 AM »
I know sports arena's are considered pistol free zones, but I thought I read somewhere that there needs to be an event with at least 3,000 people in attendance.  Does anyone know exactly what the law is as it pertains to sports arenas?  I ask because when I walk my dog, I sometimes want to walk through an ice arena parking lot to reach my destination.  The Ice arena is owned by the city.  Thanks.

Offline Bronson

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Re: Open carry at a sports arena
« Reply #1 on: December 01, 2011, 11:05:12 AM »
The answer to your question is....it depends.

It depends on whether you have a CPL or not.  Without a CPL a sports arena parking lot IS indeed a PFZ, with a CPL it is NOT.

750.234d

Without a CPL that is the law you will reference to determine the PFZs that apply to you.

Quote
(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:

. . .

(e) A sports arena.

. . .

(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.

(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.

I've included the reference for entities licensed to sell alcohol because that may also prevent you carrying through their parking lot sans CPL.  Notice the bolded portion that exempts a CPL holder so if you have one you are good to go.

Bear in mind that the above law does NOT have a parking lot exemption nor does it have a max seating capacity prohibition.  Both of those are found in CONCEALED carry PFZs law 28.425o, but if you are openly carrying your pistol that law will not apply to you.

Bronson
« Last Edit: December 01, 2011, 11:11:20 AM by Bronson »
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline TheQ

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Open carry at a sports arena
« Reply #2 on: December 01, 2011, 02:57:06 PM »
The 2500 limit applies to "entertainment facilities". Sports stadiums have no such limit. A little league park can qualify as a sports stadium, from my understanding.
I Am Not A Lawyer (nor a gunsmith).

Offline daveslim182

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Re: Open carry at a sports arena
« Reply #3 on: December 01, 2011, 04:56:54 PM »
Thanks guys!!

Offline PaulC

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Re: Open carry at a sports arena
« Reply #4 on: December 01, 2011, 07:19:16 PM »
The 2500 limit applies to "entertainment facilities". Sports stadiums have no such limit. A little league park can qualify as a sports stadium, from my understanding.
Could you provide a cite for that because there is an AG opinion that says that sports areas like that (little league park) is not an entertainment facility. the rule says sports arena. If we use the literal translation:


Definition of ARENA

1
: an area in a Roman amphitheater for gladiatorial combats
2
a : an enclosed area used for public entertainment
b : a building containing an arena
3
a : a sphere of interest, activity, or competition <the political arena>
b : a place or situation for controversy <in the public arena>


A little league park would NOT be a sports arena.
"Americans have the will to resist because you have weapons. If you don't have a gun, freedom of speech has no power."

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Offline TheQ

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Open carry at a sports arena
« Reply #5 on: December 01, 2011, 08:07:58 PM »
3
a : a sphere of interest, activity, or competition <the political arena>
Does competition occur in a little league park?
I Am Not A Lawyer (nor a gunsmith).

Offline PaulC

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Re: Open carry at a sports arena
« Reply #6 on: December 01, 2011, 08:13:27 PM »
3
a : a sphere of interest, activity, or competition <the political arena>
Does competition occur in a little league park?
Note the example the use.. does NOT fit in the proper context of the law "Sports Arena" IF that were the case a game of tiddlywinks would be a PFZ
"Americans have the will to resist because you have weapons. If you don't have a gun, freedom of speech has no power."

-- Yoshimi Ishikawa, Japanese author

Offline Bronson

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Re: Open carry at a sports arena
« Reply #7 on: December 02, 2011, 07:33:27 AM »
Definition of ARENA

a : an enclosed area used for public entertainment

Enclosed by what?  Does a fence around the property qualify?  I don't know but I can see a prosecutor making a strong case that it does.

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

Offline TheQ

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Open carry at a sports arena
« Reply #8 on: December 02, 2011, 08:16:07 AM »
Definition of ARENA

a : an enclosed area used for public entertainment

Enclosed by what?  Does a fence around the property qualify?  I don't know but I can see a prosecutor making a strong case that it does.

Bronson
That's what I was getting at an anti--gun prosecutor can do whatever he wants as far as charging someone, especially where there is a question and the law and he doesn't mind losing the case.
I Am Not A Lawyer (nor a gunsmith).