Author Topic: CPL requirements  (Read 24723 times)

0 Members and 2 Guests are viewing this topic.

Offline WilDChilD

  • Posts: 207
Re: CPL requirements
« Reply #20 on: April 10, 2013, 01:17:43 PM »
While I don't have statute or case law to point to, I do know that a MCRGO weekly update written by Steve Dulan (lawyer), said yes you qualify as having been stopped too. It may not be concrete, but I'm going with that until I see something else.

(Edit) Lookie what I found http://campaign.r20.constantcontact.com/render?llr=i8xaoxbab&v=001qwhULkbmHDuLgr_3K_AEac-JTI24AwQN83DlZuUdhsSm-gRUB4t6Rk-Oo-N91GzFWvQBcUwEyULLDeci5n3jnFGQwcpwHNZSwqtrlC3ctkY%3D
Thank you. Been on the forums and carrying for four years and still learn new stuff all the time.

Offline autosurgeon

  • MOC Treasurer
  • MOC Member
  • *
  • Posts: 1056
  • First Name (Displayed): Ryan
Re: CPL requirements
« Reply #21 on: April 10, 2013, 04:20:18 PM »
Found the case that says all in a vehicle that is stopped are detained or seized. http://en.m.wikipedia.org/wiki/Brendlin_v._California

Sent from my LG-E970 using Tapatalk 2

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

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline spdrmnfn

  • Posts: 2
  • First Name (Displayed): Joe B
Re: CPL requirements
« Reply #22 on: April 10, 2013, 04:31:38 PM »
-If you have a CPL AND you are "carrying" (have a firearm in the passenger compartment) then you shall immediately disclose to the officer that you have a CPL and you are carrying.

-If you do not have a CPL or you are not "carrying" then no such duty exists.

-If you do not have a CPL but you are "carry" (in your car) then you are breaking the law.

Now, even if you do not have the duty to disclose, many including my self, will recommend that it is still best policy to disclose to the officer that you have a CPL, but are not "carrying".

I hope that straightens things out. Feel free to post any follow questions that you may have.

Wanted to thank you for the information.

Offline autosurgeon

  • MOC Treasurer
  • MOC Member
  • *
  • Posts: 1056
  • First Name (Displayed): Ryan
Re: Re: CPL requirements
« Reply #23 on: April 10, 2013, 04:35:57 PM »

I just wanted to be clear as I can as it seems maybe I was not in my original question:  What the main concern is:  If someone with a CPL must disclose that they have a CPL if they are not carrying in the car at all?

No the law says if you have a cpl and a gun you must disclose the concealed firearm not the cpl.

Sent from my LG-E970 using Tapatalk 2

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

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
CPL requirements
« Reply #24 on: April 10, 2013, 04:44:06 PM »
No the law says if you have a cpl and a gun you must disclose the concealed firearm not the cpl.

Sent from my LG-E970 using Tapatalk 2

He's right. The reference is MCL 28.425(f)(3).
I Am Not A Lawyer (nor a gunsmith).

Offline Justice

  • Posts: 36
  • First Name (Displayed): Justice
Re: CPL requirements
« Reply #25 on: July 02, 2013, 06:05:05 AM »


Oops, wait, the admin covered it already! lol

GOOD!

I'll cover it again.

Anyways, always lick their boots and tell them how they rock and you  your self are low life scum!

Don't you know? This is a police state...

I understand all cops are not bad...

The video speaks for itself...


Offline Justice

  • Posts: 36
  • First Name (Displayed): Justice
Re: CPL requirements
« Reply #26 on: July 03, 2013, 08:11:20 PM »
P.S. I mean no offense to the OP, Much of what I write in artcles, posts and some comments is sarcastic humor. :) Not sure if what I write here in the forums and responses is coming off properly. :(

Offline gryphon

  • Administrator
  • *****
  • Posts: 4038
  • First Name (Displayed): Dan
Re: CPL requirements
« Reply #27 on: July 03, 2013, 08:30:41 PM »
Couple of things.  If you want to post sarcasm, and you're not sure if it will come across as such, you can indicate it by using fake [sarcasm] [/sarcasm] tags, or putting the text in purple.

Another thought, though, is that you are likely preaching to the choir on many things, so maybe so much commentary isn't required.  Although in my case that advice is like the pot calling the kettle black as I have been known to write too much myself on occasion.

Offline Justice

  • Posts: 36
  • First Name (Displayed): Justice
Re: CPL requirements
« Reply #28 on: July 03, 2013, 08:51:38 PM »
Couple of things.  If you want to post sarcasm, and you're not sure if it will come across as such, you can indicate it by using fake [sarcasm] [/sarcasm] tags, or putting the text in purple.

Another thought, though, is that you are likely preaching to the choir on many things, so maybe so much commentary isn't required.  Although in my case that advice is like the pot calling the kettle black as I have been known to write too much myself on occasion.

Point well taken, thankyou. :D

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
CPL requirements
« Reply #29 on: July 03, 2013, 10:14:31 PM »
Purple is official sarcasm color.
I Am Not A Lawyer (nor a gunsmith).

Offline 32_d3gr33s

  • Posts: 215
  • First Name (Displayed): Anthony
Re: CPL requirements
« Reply #30 on: July 03, 2013, 11:43:21 PM »
Purple is official sarcasm color.

yeah... right
I could write something cliché and insightful, but that would be too cliché and insightful.

I shoot first... its better to give than to receive

Offline LD

  • Legal Musings
  • *
  • Posts: 144
Re: CPL requirements
« Reply #31 on: July 07, 2013, 10:41:19 AM »
Let's keep in mind, that based on the OP, the scope of our conversation is constrained to when one is in a car and has been pulled over.

To me, this means RAS already exists for something. Personally, I am going to go out of my way to be courteous in this situation. That doesn't mean I'm going to give up any rights, that just means I'm going to be as polite and courteous as possible. Obviously this is just my opinion and as long as you are not "carrying", you are free to do as you wish.

I guess my problem is I don't understand how informing an officer you have a CPL and are NOT carrying is a sign of respect or a courtesy.
Most states do't require informing and they have no problem with officers ticketing people more then the ones here.
I have gotten let off more times before I got my CPL then I have sense I got it. I don't see any advantage to cluttering up the stop with useless information.
I also notice that those that advocate informing when not carrying don't believe it is a good idea in states like NY, or IL. Why is that? Isn't it still a sign of respect & a courtesy?

Offline bigt8261

  • MOC President
  • MOC Board Member
  • ******
  • Posts: 1482
    • Michigan Open Carry, Inc
  • First Name (Displayed): Tom
Re: CPL requirements
« Reply #32 on: July 07, 2013, 10:51:05 AM »
I guess my problem is I don't understand how informing an officer you have a CPL and are NOT carrying is a sign of respect or a courtesy.
Most states do't require informing and they have no problem with officers ticketing people more then the ones here.
I have gotten let off more times before I got my CPL then I have sense I got it. I don't see any advantage to cluttering up the stop with useless information.
I also notice that those that advocate informing when not carrying don't believe it is a good idea in states like NY, or IL. Why is that? Isn't it still a sign of respect & a courtesy?

It would depend on your area. In my area I have heard far more positives than negatives. Also, many officers that I know personally, are more likely to be easier on a CPL holder. Know your area, and make the decision that best suits you.

Offline LD

  • Legal Musings
  • *
  • Posts: 144
Re: CPL requirements
« Reply #33 on: July 07, 2013, 08:43:39 PM »
It would depend on your area. In my area I have heard far more positives than negatives. Also, many officers that I know personally, are more likely to be easier on a CPL holder. Know your area, and make the decision that best suits you.

Well.... If they are going to be easier on CPL holders, you're in luck. You don't have to TELL then anything, they got notified you have a CPL when they run your license.  Are you saying the cops you know are going to be tougher on you if you follow the law?
Doesn't sound very professional to me.

Offline Jeff

  • Posts: 1166
Re: CPL requirements
« Reply #34 on: July 07, 2013, 10:19:59 PM »
they got notified you have a CPL when they run your license. 

Yeah but we're supposed to tell them if we have a concealed pistol when stopped.

Offline linux203

  • MOC Member
  • *
  • Posts: 706
  • First Name (Displayed): Daniel
Re: CPL requirements
« Reply #35 on: July 07, 2013, 11:56:47 PM »
they got notified you have a CPL when they run your license. 

They know if information was entered properly into LEIN and LEIN is available.  Neither is guaranteed.
When a strong man, fully armed, guards his own palace, his goods are in peace. Luke 11:21

Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
CPL requirements
« Reply #36 on: July 08, 2013, 12:01:48 AM »

They know if information was entered properly into LEIN and LEIN is available.  Neither is guaranteed.

I work for DTMB, the agency that maintains LEIN. I can tell you LEIN is one of the life/death "red card" systems. Its availability is almost certainly guaranteed.
I Am Not A Lawyer (nor a gunsmith).

Offline linux203

  • MOC Member
  • *
  • Posts: 706
  • First Name (Displayed): Daniel
CPL requirements
« Reply #37 on: July 08, 2013, 06:09:49 AM »
I work for DTMB, the agency that maintains LEIN. I can tell you LEIN is one of the life/death "red card" systems. Its availability is almost certainly guaranteed.

I wasn't necessarily referring to the back end.  The reliability of the MDT/MDC and radio connection are not guaranteed.
When a strong man, fully armed, guards his own palace, his goods are in peace. Luke 11:21

Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36

Offline LD

  • Legal Musings
  • *
  • Posts: 144
Re: CPL requirements
« Reply #38 on: July 08, 2013, 02:06:58 PM »
Yeah but we're supposed to tell them if we have a concealed pistol when stopped.

And thew law is VERY clear about that.

NOTHING in the law requires you to or suggests that you say anything if you are NOT carrying.

The fact that a few people have gotten a break when they did is insignificant compared to the numbers of non CPL holders that get that same break EVERY DAY.

And again I ask why the people that advocate informing when NOT carrying do NOT advocate it in the few states that seen unfriendly to the public being allowed to carry firearms.
It would be the same respect & consideration as it is here. (And it would have the added benifit of making the officer FEEL safer.)

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
CPL requirements
« Reply #39 on: July 08, 2013, 02:22:00 PM »
Hi officer. I'm wearing blue underwear and I am a member of the Mickey Mouse club!
I Am Not A Lawyer (nor a gunsmith).