Author Topic: oc in a movie theatre  (Read 8071 times)

0 Members and 1 Guest are viewing this topic.

Offline noahp87

  • Posts: 42
  • First Name (Displayed): Noah
oc in a movie theatre
« on: May 06, 2012, 08:12:55 PM »
can you open carry in a movie theatre?

Offline scot623

  • MOC Member
  • *
  • Posts: 301
Re: oc in a movie theatre
« Reply #1 on: May 06, 2012, 08:17:24 PM »
OC with a CPL is legal in a movie theater. Private property rules apply, and I am not aware of any theaters that allow firearms as a matter of policy. If you find one that does not object, let us know.

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Re: oc in a movie theatre
« Reply #2 on: May 06, 2012, 11:50:35 PM »
"An entertainment facility with a seating capacity of 2,500"
..that you know has that much seating or "have reason to know".

With a CPL: You can OC with 2,500+
With a CPL you MAY NOT CC with 2,500+
Without a CPL you may not OC with 2,500+
I Am Not A Lawyer (nor a gunsmith).

Offline Bronson

  • Posts: 554
Re: oc in a movie theatre
« Reply #3 on: May 07, 2012, 04:39:52 AM »
"An entertainment facility with a seating capacity of 2,500"
..that you know has that much seating or "have reason to know".

With a CPL: You can OC with 2,500+
With a CPL you MAY NOT CC with 2,500+
Without a CPL you may not OC with 2,500+

True but a little, albeit probably unintentionally, misleading.  The seating capacity numbers are only attached to the concealed carry pistol free zones.  There is no seating capacity number attached to OC without a CPL; there is only no carry in any type of theatre.

Quote
750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.

Sec. 234d.

(1) Except as 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, 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.

So without a CPL you may not openly carry a firearm in a theater of any size.  Unless you meet one of the other exemptions like having permission from the owner.

Quote
(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

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

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
oc in a movie theatre
« Reply #4 on: May 07, 2012, 04:58:24 AM »
You caught me..... :(
I Am Not A Lawyer (nor a gunsmith).

Offline Bronson

  • Posts: 554
Re: oc in a movie theatre
« Reply #5 on: May 08, 2012, 03:38:13 AM »
You caught me..... :(

My intent was not to "catch" you. 

MI gun laws are convoluted and stupid and it is easy for any of us to make mistakes which is why it is important they get corrected quickly when noticed. 

I think this should serve as a reminder to the new folks, and the old folks :) to keep reading and studying.  TheQ is the president of MOC and one of the most informed people around for the laws as they pertain to OC, so if he can make a mistake imagine how easy it is for the new folks that are just trying to wrap their brains around all this.

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

Offline mpearce

  • Posts: 62
  • First Name (Displayed): Melissa
Re: oc in a movie theatre
« Reply #6 on: June 15, 2012, 01:28:28 AM »

MI gun laws are convoluted and stupid and it is easy for any of us to make mistakes which is why it is important they get corrected quickly when noticed. 

I think this should serve as a reminder to the new folks, and the old folks :) to keep reading and studying.  TheQ is the president of MOC and one of the most informed people around for the laws as they pertain to OC, so if he can make a mistake imagine how easy it is for the new folks that are just trying to wrap their brains around all this.

Bronson
[/quote]

The problem is that you have to sometimes look at several different laws (for instance 750.234d and 28.425o) to determine when and where one could open carry in a pistol-free zone with a CPL.  Also note that 28.425o refers to some places not listed in 750.234d and vice versa.  Also if attorneys can disagree with what the law says, then what is the non-lawyer suppose to know. 

I currently know of a candidate in my area that is a prosecutor and wants to make sure the laws are written in a manner that are easy for the everyday citizen of the state to understand.
Posts on this forum are not intended to be specific legal advice to any particular person, rather merely replies to hypothetical questions posed.

Melissa M. Pearce
Attorney at Law
mpearce@melissapearcelaw.com
(248) 467-1930