Author Topic: open and concealed carry questions.  (Read 5740 times)

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Offline cruisermedic

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open and concealed carry questions.
« on: December 10, 2011, 06:21:00 PM »
I am new to registering here but not new to reading tons of good information.  The reason I finally registered is I'm digging for some answers and can't find them.

I know I have read somewhere that in the state of Michigan, it is legal to carry open and/or concealed in local government offices/meetings. And the same for any police department in areas open to the public.   Now I understand there are rules to concealed and open carry. I am a Michigan CPL holder. 

My dilemma is that my local village council has found them in a position of homelessness. As in they have to vacate the building they are leasing.  This includes the local police department as well.  Now, I carry(concealed) to all local meetings and while in the police department.

Their new proposed location is the middle school.  The same school that is open and used for teaching.   This poses many problems that I see but ill only ask about gun carry related for now.

To my understanding concealed carry is not legal in any school. Open carry is legal as long as you have a valid MI CPL.   But when the school leases out space to a police department or a village government, those rented spaces now are not gun free zones.  I'm almost positive I had read this here somewhere.

So I can carry open or conceal in those rented police and government spaces and the most direct routes to them?  Am I correct in thinking this way.   Any material or info I can show the school, village, and local pd?

Thanks
Steve

Offline TheQ

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Re: open and concealed carry questions.
« Reply #1 on: December 10, 2011, 07:19:27 PM »
Hello.  I would suggest you start by reading this thread about getting started with Open Carry in Michigan.

Please keep in mind, in INgham County there was a case (People v. Watkins) where the Circuit Court Judge Aquilina said that legal Open Carry (with a CPL) in a so-called "pistol free zone" was an absurd interpretation of the law.  I personally (especially since I live in Ingham County) regard OC with a CPL is a PFZ as a loop-hole.  If you catch yourself facing an anti-gun cop, prosecutor, and judge, you could be in trouble.  People v. Watkins is currently being decided in the State Court of Appeals (4th district).

As far as your interpretation about the school, now being leased out, is no longer a PFZ I would regard as a legal grey area.  The statute regards a school as a building which is used for education but exempts building that are primarily used for adult education.

Others may have thoughts here...

Modified to add: Welcome to Michigan Open Carry's discussion board.  We hope you will also consider a paid membership.
« Last Edit: December 10, 2011, 07:21:38 PM by TheQ »
I Am Not A Lawyer (nor a gunsmith).

Offline cruisermedic

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Re: open and concealed carry questions.
« Reply #2 on: December 10, 2011, 08:13:59 PM »
Ingham county is exactly where I am. Stockbridge specifically.  I absolutly do not intend on tempting fate to get myself arrested.  I am trying to point out to the school what a dumb decision putting a village council and a police department is. I don't tjink they have considered all the complications.

Take for example drugs and criminals being in tje school now.   Sex offenders must register at their local pd.  How can they be forced to break one law to comply with another. If they can't be close to a school how do they register.  How do they go pay their local taxes, pull home improvement permits, vote, go to local public government meetings?  I have no sympathy for criminals, sex offenders especially.

Also this move, remodeling of the school, and maintenance is to be paid for by the school.   How can they take tax revenue from other townships and give it to or fund another entity that has nothing to do with education of kids. 

I'll keep reading and reading. Did northville schools ever waver on their open carry issues?

Offline TheQ

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Re: open and concealed carry questions.
« Reply #3 on: December 10, 2011, 08:56:55 PM »
Ingham county is exactly where I am. Stockbridge specifically.

I'm in the Big City.  Your biggest threat is loose dogs.  While in reality that's my biggest threat (esp. while walking the neighborhood), the city inhabitants can pose a real threat also.

But hey!  Crime and stupid dog owners happen everywhere!
I Am Not A Lawyer (nor a gunsmith).

Offline cruisermedic

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Re: open and concealed carry questions.
« Reply #4 on: December 10, 2011, 09:17:35 PM »
I work as a medic in stockbridge and lansing.   Trust me I know all to well about how dangerous the inhabitants can be.   I have been in some pretty messed up houses and situations.

Offline TheQ

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Re: open and concealed carry questions.
« Reply #5 on: December 10, 2011, 09:26:25 PM »
Shoot me an email.  We can sit down for dinner sometimes.
I Am Not A Lawyer (nor a gunsmith).

Offline CV67PAT

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Re: open and concealed carry questions.
« Reply #6 on: December 12, 2011, 06:46:08 PM »
Quote
8.425o 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...

http://www.legislature.mi.gov/%28S%28m3ag2euj410kx555lo2clky4%29%29/mileg.aspx?page=getObject&objectName=mcl-28-425o

Pretty explicit that concealed carry is prohibited on any school property.
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