Sidewalk OP no CPL

[kush452]

Hey all,

Today was my first open carry experience(no cpl). I walked over a mile to a radioshack to buy a audio recorded. I will tell me experience in the other thread. When I was walking I thought of a question and while on my walk I stopped twice and searched it on my phone but to no answer.
When I walking on public sidewalk on a main road, I am bound to walk in front of a liquor store, church, or some place that I am not allowed to be on the premise of.

Question: Am I able to continue walking on the sidewalk in front of these places.   

I am not sure if sidewalk is considered there property or the governments.

[gryphon]

As far as liquor stores or other places that sell alcohol, premises as defined by the MLCC (Michigan Liquor Control Commission) are just the building structure of the store itself.  As far as all the other PFZs (churches, in your example), the laws state "premises."  As a matter of fact, parking lots of those places are specifically exempt by law.  Walking down a public sidewalk also would not be considered a PFZ.

[kush452]

Thank you for the quick and easy response. I crossed the street because I was unsure about the law regarding it.  Now I know I can carry on with my walk

[Golden Eagle]

As far as liquor stores or other places that sell alcohol, premises as defined by the MLCC (Michigan Liquor Control Commission) are just the building structure of the store itself.  As far as all the other PFZs (churches, in your example), the laws state "premises."  As a matter of fact, parking lots of those places are specifically exempt by law.  Walking down a public sidewalk also would not be considered a PFZ.

Interesting question I don't know if this is such an easy answer.

Here's a topic with different points of view:
http://forums.michiganopencarry.org/index.php/topic,3148.0.html

In my area the county owns 33 feet of right of way from the center of the road 2 lane road so I'd expect if it is 4 lanes then it would be 33 feet of right of way from the center of the left lane. I'm no lawyer here.

Many jurisdictions the public has right-of-way to use the sidewalk. You still own it, there's just a permanent public easement.

[drtodd]

As far as liquor stores or other places that sell alcohol, premises as defined by the MLCC (Michigan Liquor Control Commission) are just the building structure of the store itself.  As far as all the other PFZs (churches, in your example), the laws state "premises."  As a matter of fact, parking lots of those places are specifically exempt by law.  Walking down a public sidewalk also would not be considered a PFZ.

Be careful; you may have confused MCL 750.234d (Possession Restriction) with MCL 28.425o (Concealed Carry Restriction).

Since the OP stated that he does not have a CPL, I believe he may be referring to MCL 750.234d and it's applicability in regards to sidewalks. There is NOTHING in this law which indicates that the term "premises" does not apply to parking areas. There IS such a provision in MCL 28.425o BUT, as the OP stated he does not have a CPL, the CCer "No CC Zones" are not applicable.


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.
(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.
(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not more than $100.00, or both.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991;Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992;Am. 1994, Act 158, Eff. Aug. 15,
1994.