Author Topic: oc on school side walk?  (Read 8803 times)

0 Members and 2 Guests are viewing this topic.

Offline harleyh77

  • Posts: 79
  • First Name (Displayed): Steve
oc on school side walk?
« on: April 15, 2013, 05:38:42 PM »
When i take my dog for a walk can i oc without a cpl on the side walk in front of a school?
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life" -Robert A. Heinlein

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
oc on school side walk?
« Reply #1 on: April 15, 2013, 06:01:39 PM »
Good question. A careful reading of MCL 750.237a (google: MCL 750.237a) may reveal the answer or at least some good questions.
I Am Not A Lawyer (nor a gunsmith).

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
oc on school side walk?
« Reply #2 on: April 15, 2013, 06:28:15 PM »
(b) “School” means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.

(c) “School property” means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.

(d) “Weapon free school zone” means school property and a vehicle used by a school to transport students to or from school property.
I Am Not A Lawyer (nor a gunsmith).

Offline harleyh77

  • Posts: 79
  • First Name (Displayed): Steve
Re: oc on school side walk?
« Reply #3 on: April 16, 2013, 12:06:04 AM »
http://www.kzoo.edu/convene/clearinghouse/ordinances.htm

The school near my house is in kzoo township. The above website states that maintanance and repair is the responsiblity of property owner. Sounds like the sidewalk is school property but does not fall under the definition of "school property" that would prohibit carry. Still going to search for more clarification.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life" -Robert A. Heinlein

xerxescct

  • Guest
Re: oc on school side walk?
« Reply #4 on: April 16, 2013, 03:31:06 AM »
I had a similar question as to what defines a bus stop. I get my kids off the bus every day and the bus simply stops in the middle of the road as normal. I know I can not approach the bus with a side arm but simply standing on the sidewalk in front of the bus may look bad.

I'm no lawyer and I'm far from being an expert but I did read some of the info and it looks to be a grey area. To me it looks as if it could be argued that the sidewalk in front of the school is property. But do school funds go to maintain that sidewalk? until you get a specific answer I would avoid it.

Offline TucTom

  • MOC Member
  • *
  • Posts: 565
  • First Name (Displayed): Tom
Re: oc on school side walk?
« Reply #5 on: April 16, 2013, 09:00:02 AM »
Hello, I was going to post yesterday on this and then Q responded and I had to think more. I thought I've read that the Michigan licence to purchase that all Legal handguns are required to go through covers you for school PFZ.

18 USC 922(q)(1) Federal Gun-Free School Zones

(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm—

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

Section 28.422
28.422 License to purchase, carry, possess... etc.
Found here: http://www.legislature.mi.gov/(S(br5mzy55u1uesq45xvwqnq55))/mileg.aspx?page=getobject&objectname=mcl-28-422

But I very well could be wrong and I am in no way shape or form a lawyer.

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
oc on school side walk?
« Reply #6 on: April 16, 2013, 09:35:47 AM »
Hello, I was going to post yesterday on this and then Q responded and I had to think more. I thought I've read that the Michigan licence to purchase that all Legal handguns are required to go through covers you for school PFZ.

18 USC 922(q)(1) Federal Gun-Free School Zones

(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm—

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

Section 28.422
28.422 License to purchase, carry, possess... etc.
Found here: http://www.legislature.mi.gov/(S(br5mzy55u1uesq45xvwqnq55))/mileg.aspx?page=getobject&objectname=mcl-28-422

But I very well could be wrong and I am in no way shape or form a lawyer.

But what about MCL 750.237a. That's the question.
I Am Not A Lawyer (nor a gunsmith).

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
oc on school side walk?
« Reply #7 on: April 16, 2013, 09:36:23 AM »
I had a similar question as to what defines a bus stop. I get my kids off the bus every day and the bus simply stops in the middle of the road as normal. I know I can not approach the bus with a side arm but simply standing on the sidewalk in front of the bus may look bad.

I'm no lawyer and I'm far from being an expert but I did read some of the info and it looks to be a grey area. To me it looks as if it could be argued that the sidewalk in front of the school is property. But do school funds go to maintain that sidewalk? until you get a specific answer I would avoid it.

I'd not be concerned about OC at a bus stop, provided you don't step foot on the bus.
I Am Not A Lawyer (nor a gunsmith).

Offline TucTom

  • MOC Member
  • *
  • Posts: 565
  • First Name (Displayed): Tom
Re: oc on school side walk?
« Reply #8 on: April 16, 2013, 10:50:40 AM »
Dang it Q

Offline harleyh77

  • Posts: 79
  • First Name (Displayed): Steve
Re: oc on school side walk?
« Reply #9 on: April 16, 2013, 02:53:30 PM »
I think until i get my cpl i should stay away from the school sidewalk. Suppose i will just have to cross the street.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life" -Robert A. Heinlein

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
oc on school side walk?
« Reply #10 on: April 16, 2013, 03:54:07 PM »
I think until i get my cpl i should stay away from the school sidewalk. Suppose i will just have to cross the street.

That would be the "safest" course.
I Am Not A Lawyer (nor a gunsmith).