Author Topic: Bank Versus Credit Union  (Read 7569 times)

0 Members and 3 Guests are viewing this topic.

Offline anotherchavez

  • Posts: 4
  • First Name (Displayed): Joe
Bank Versus Credit Union
« on: August 01, 2013, 06:48:35 PM »
Can I open carry at a credit union versus a bank? Can I open carry on bank  property (in order to use the ATM machine)? . I roll up to the atm machine at the bank in a wheelchair FYI (no car).  There is an open aired theater in our public park for plays. Is this considered a "theater".

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Bank Versus Credit Union
« Reply #1 on: August 01, 2013, 10:48:09 PM »
For purposes if MCL 750.234d (OC w/o CPL), credit unions are banks. Banks/CU not mentioned in MCL 28.425o (CC).

If you're in a wheel chair, I hope you have a CPL because a wheelchair could be considered a vehicle under MCL 750.227.
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
Bank Versus Credit Union
« Reply #2 on: August 01, 2013, 10:51:03 PM »
An outdoor park is not an entertainment facility unless it has permanent seats.

There's an AGO on this. I'm sure someone who is sitting in front of a PC (versus on their phone) will reference it shortly, (please?)
I Am Not A Lawyer (nor a gunsmith).

Offline gryphon

  • Administrator
  • *****
  • Posts: 4038
  • First Name (Displayed): Dan
Re: Bank Versus Credit Union
« Reply #3 on: August 02, 2013, 01:49:55 AM »
AG Opinion No. 7120
December 4, 2002

A municipal outdoor recreation park does not, by itself, constitute an "entertainment facility" within the meaning of section 5o(1)(f) of the Concealed Pistol Licensing Act, and thus is not a gun-free zone as established by that statute.

http://www.ag.state.mi.us/opinion/datafiles/2000s/op10195.htm

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Bank Versus Credit Union
« Reply #4 on: August 02, 2013, 07:11:45 AM »
Thanks, Dan.
I Am Not A Lawyer (nor a gunsmith).

Offline dhardy57

  • Posts: 9
Re: Bank Versus Credit Union
« Reply #5 on: August 02, 2013, 10:31:55 AM »
I OC and CC in my bank (Chase) depending on the day without incident.  Occasionaly even strike up a conversation with the "personal banker" about his own firearms and carry experiences.  Never had a problem.

Sent from my SPH-L900 using Tapatalk 2


Offline ajelias

  • Posts: 15
Re: Bank Versus Credit Union
« Reply #6 on: August 03, 2013, 08:32:47 AM »
Credit Union and not a problem  Good coffee too :)

Offline drtodd

  • MOC Member
  • *
  • Posts: 145
  • MOC Charter Member
Re: Re: Bank Versus Credit Union
« Reply #7 on: August 10, 2013, 10:35:56 AM »
AG Opinion No. 7120
December 4, 2002

A municipal outdoor recreation park does not, by itself, constitute an "entertainment facility" within the meaning of section 5o(1)(f) of the Concealed Pistol Licensing Act, and thus is not a gun-free zone as established by that statute.

http://www.ag.state.mi.us/opinion/datafiles/2000s/op10195.htm

This is not what the OP asked. The question concerned the definition of "theater", (MCL 750.234d) not "entertainment facility" (MCL 28.425o).

Does the OP have a CPL? IF the OP does have a CPL, the restrictions found in MCL 750.234d are not applicable to the OP.
So, the OP should clarify whether he/she possess a CPL and if the questions stem from the wording found in MCL 750.234d

From the way the question was worded, I'm assuming the OP does not have a CPL.
Therefore, in order to avoid any possible legal issues....the definition of " bank" would include "credit union". An outdoor theater would be a considered a "theater". The AG opinion regarding Entertainment Facility above centered on the fact that a "facility" denotes a structure.
« Last Edit: August 10, 2013, 10:57:05 AM by drtodd »
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S. 230 F 486 at 489

"Where rights as secured by the Constitution are involved, there can be no rule making or legislation which will abrogate them." Miranda v. Ariz., 384 U.S. 436 at 491 (1966).

Offline gryphon

  • Administrator
  • *****
  • Posts: 4038
  • First Name (Displayed): Dan
Re: Bank Versus Credit Union
« Reply #8 on: August 10, 2013, 12:10:39 PM »
DrTodd, are you arguing that a municipal outdoor recreation park with some type of stage is now all of a sudden a CPL-required zone?  That an outdoor platform, stage, or gazebo where they might hold summer plays suddenly transforms the park into a "theater" as described under MCL 750.234d?

Offline drtodd

  • MOC Member
  • *
  • Posts: 145
  • MOC Charter Member
Re: Re: Bank Versus Credit Union
« Reply #9 on: August 10, 2013, 11:20:44 PM »
DrTodd, are you arguing that a municipal outdoor recreation park with some type of stage is now all of a sudden a CPL-required zone?  That an outdoor platform, stage, or gazebo where they might hold summer plays suddenly transforms the park into a "theater" as described under MCL 750.234d?
No...I'm arguing that it COULD be. I should have used "could" instead of "would"...mea culpa. What I am arguing is that the answer given above was inapplicable to the OP's question. The AG opinion reasoned that the prohibition regarding an Entertainment Facility, by using the word "facility" limited that definition to a "building" or "structure"...as that is the denotation of "facility". If the restriction found in 750.234d banned possession in a Theatrical Facility...then I'd say that AG opinion has some relevance. But, it does not. Therefore, if the term "theater" used in 750.234d has not been defined by law, (and I haven't looked) and there has been no case law, then one is going to rely on some judge's dictionary definition. I'm pretty sure an anti judge could find at least one definition that applies to an outdoor theater. Therefore, extreme prudence would say not to risk carry there without a CPL...unless the person has money to burn and has no problem being found guilty of a misdemeanor.
« Last Edit: August 10, 2013, 11:26:46 PM by drtodd »
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S. 230 F 486 at 489

"Where rights as secured by the Constitution are involved, there can be no rule making or legislation which will abrogate them." Miranda v. Ariz., 384 U.S. 436 at 491 (1966).