Author Topic: Informing CPL Instructors on OC  (Read 8034 times)

0 Members and 1 Guest are viewing this topic.

Offline MP Miller

  • MOC Member
  • *
  • Posts: 17
    • Shadowbox
  • First Name (Displayed): Jason
Informing CPL Instructors on OC
« on: May 01, 2014, 09:25:13 PM »
IMHO One thing that we do that turns away some people new to pistol carry and CPL instructors alike is how often members of our group point out that with a ridged interpretation of NRA guidelines classes that use LEOs to teach the law section are not complete and accuse anyone who knowingly gives or turns in a city from that class has committed a felony.

I don't think this wins us any friends outside our group or helps spread our message.  Even if we believe this interpretation to be true I know of no instructor who has been charged with a crime whose only infraction was using a LEO to instruct the law.

"Many of these classes pass off bad information on OC."  Yes many do, but so do many classes with lawyer law instructors, the issue is the information being presented not the credentials of the instructors. I think this is more reason to reach out to those instructors with handouts or just information on OC and make them feel comfortable referring their students interested in OC to MOC.

"Why wouldn't these instructors be comfortable referring students to MOC?" For the same reason many of their students don't feel comfortable going to MOC.  Let's say you just took your CPL class and let's even say the LEO instructor did a good job teaching OC law and refers you to MOC for more information about OC.  You thought the class was good and before you turn in your CPL cert you go to MOC;  What do you see? A list of posts saying if you turn in your cert you are committing a felony.. Now you are confused and have a poor opinion of your CPL class (that in this example was a good class) and/or MOC who your first experience with is negative.

Even if our goal is strong enforcement of NRA guidelines as they relate to the CPL law, this will only serve to limit the number of classes and take rights away from instructors and students of those classes and still not help MOC or our mission of informing people about lawful OC of a pistol.

Just my $.02 but I do feel strongly about this.

.................
Gun Laws
Do not make you safer
Can put you in prison

The world needs more Libertarians

Offline TexasSupporter

  • Posts: 94
  • First Name (Displayed): James
Re: Informing CPL Instructors on OC
« Reply #1 on: May 01, 2014, 10:44:55 PM »
Hmmmm... ok I admit I'm not aware of everything going on up in Michigan.  I'm from there originally, and live in Texas now, but strongly support MOC and OC in general.  I'm looking forward to attending some OC events this summer with MOC.  But I'm really not understanding what your point is, or what this all means that you've written.  Like I say, I'm unfamiliar with everything thats actually going on there.  But I don't understand what you're trying to say here.

Anyways, I love OC and its here to stay.  It's growing in popularity, both in numbers and in states that allow it.  Soon Texas will join the ranks, as Greg Abbott (next Governor here) has already come out strongly in support of the right to OC in Texas.  So nothing is going to stop the movement, certainly not some CPL instructors up in Michigan (a state which is a strong leader in the movement, in my opionion).  Momentum is on our side, and with fantastic organizations like MOC its only going to get better.

Offline MP Miller

  • MOC Member
  • *
  • Posts: 17
    • Shadowbox
  • First Name (Displayed): Jason
Re: Re: Informing CPL Instructors on OC
« Reply #2 on: May 01, 2014, 10:57:55 PM »
But I'm really not understanding what your point is, or what this all means that you've written.  Like I say, I'm unfamiliar with everything thats actually going on there.  But I don't understand what you're trying to say here.

This post is in reference to many of the posts that have been coming up on the MOC Facebook page from some very respected members of MOC.  My goal was to hopefully convince some of the leadership that pushing enforcement on who can instruct the law in a CPL class doesn't improve CPL classes or inform anyone but it does close off the classes that use LEOs from referring people to open carry.

.................
Gun Laws
Do not make you safer
Can put you in prison

The world needs more Libertarians

Offline jgillmanjr

  • MOC Member
  • *
  • Posts: 654
    • Freedom Forged Security Consulting
  • First Name (Displayed): Jason
Re: Informing CPL Instructors on OC
« Reply #3 on: May 01, 2014, 11:10:23 PM »
Lulz wut?

People are saying that a certificate isn't legal if someone from law enforcement teaches the legal portion?

Let me know who they are so I can give them the command hand.

From 28.425j(1)(a)
Quote
(iv) Firearms and the law, including civil liability issues and the use of deadly force. This portion shall be taught by an attorney or an individual trained in the use of deadly force.

Hell, given that definition, I could instruct the legal portion.
IT Director
Deputy Treasurer
Legislative Aide

Offline CV67PAT

  • MOC Charter Member
  • Posts: 2615
Re: Informing CPL Instructors on OC
« Reply #4 on: May 01, 2014, 11:34:54 PM »
Lulz wut?

People are saying that a certificate isn't legal if someone from law enforcement teaches the legal portion?

Let me know who they are so I can give them the command hand.

From 28.425j(1)(a)
Hell, given that definition, I could instruct the legal portion.
Your cite is out of context.

In order to disseminate accurate information, I have posted the statute in it's entirety:

28.425j Pistol training or safety program; conditions.

Sec. 5j.

(1) A pistol training or safety program described in section 5b(7)(c) meets the requirements for knowledge or training in the safe use and handling of a pistol only if the program consists of not less than 8 hours of instruction and all of the following conditions are met:

(a) The program is certified by this state or a national or state firearms training organization and provides 5 hours of instruction in, but is not limited to providing instruction in, all of the following:

(i) The safe storage, use, and handling of a pistol including, but not limited to, safe storage, use, and handling to protect child safety.

(ii) Ammunition knowledge, and the fundamentals of pistol shooting.

(iii) Pistol shooting positions.

(iv) Firearms and the law, including civil liability issues and the use of deadly force. This portion shall be taught by an attorney or an individual trained in the use of deadly force.

(v) Avoiding criminal attack and controlling a violent confrontation.

(vi) All laws that apply to carrying a concealed pistol in this state.

(b) The program provides at least 3 hours of instruction on a firing range and requires firing at least 30 rounds of ammunition.

(c) The program provides a certificate of completion that states the program complies with the requirements of this section and that the individual successfully completed the course, and that contains the printed name and signature of the course instructor. Not later than October 1, 2004, the certificate of completion shall contain the statement, “This course complies with section 5j of 1927 PA 372.”

(d) The instructor of the course is certified by this state or a national organization to teach the 8-hour pistol safety training course described in this section.

(2) A person shall not do either of the following:

(a) Grant a certificate of completion described under subsection (1)(c) to an individual knowing the individual did not satisfactorily complete the course.

(b) Present a certificate of completion described under subsection (1)(c) to a concealed weapon licensing board knowing that the individual did not satisfactorily complete the course.

(3) A person who violates subsection (2) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both.

(4) A concealed weapons licensing board shall not require that a specific form, color, wording, or other content appear on a certificate of completion, except as provided in subsection (5), and shall accept as valid a certificate of completion issued prior to the effective date of the amendatory act that added this subsection that contains an inaccurate reference or no reference to this section but otherwise complies with this section.

(5) Beginning October 1, 2004, a concealed weapons licensing board shall require that a certificate of completion contain the statement, “This course complies with section 5j of 1927 PA 372.”.


The problem is in the bold text. Your program, Jason, is not certified by this state or a national or state firearms training organization. And, since the national firearms training organization that the vast majority of the CPL trainers are claiming to be compliant with is the NRA, those that do not utilize a lawyer or a police officer with a JD are not in compliance with the certification standards of the NRA's program. And, if you're going to claim that your training meets the requirements of that organization, then it should.

If you took your car to a repair shop that claimed to be licensed and ti wasn't you'd have recourse to not have to pay. Whether the repairs were proper or not is immaterial. My repair shop meets the requirements of the state's mechanics certifications. Come on over and I'll have your car fixed.

To say that no one has been prosecuted is simply a rationalization of the decision to commit a crime based upon the propensity of successful prosecution.

We discuss laws and there applicability to lawful conduct. To advocate for the acceptability of unlawful behavior, regardless of the degree of which it is unlawful, is nothing more than a compromising of principles. We are a nation of laws. To say that we will adhere to only those with which we agree is unacceptable in a civilized society.
Want to keep informed of events in your area? Go to http://www.miopencarry.org/update

Offline jgillmanjr

  • MOC Member
  • *
  • Posts: 654
    • Freedom Forged Security Consulting
  • First Name (Displayed): Jason
Re: Informing CPL Instructors on OC
« Reply #5 on: May 02, 2014, 12:07:27 AM »
Your cite is out of context.

In order to disseminate accurate information, I have posted the statute in it's entirety:

28.425j Pistol training or safety program; conditions.

Sec. 5j.

(1) A pistol training or safety program described in section 5b(7)(c) meets the requirements for knowledge or training in the safe use and handling of a pistol only if the program consists of not less than 8 hours of instruction and all of the following conditions are met:

(a) The program is certified by this state or a national or state firearms training organization and provides 5 hours of instruction in, but is not limited to providing instruction in, all of the following:

(i) The safe storage, use, and handling of a pistol including, but not limited to, safe storage, use, and handling to protect child safety.

(ii) Ammunition knowledge, and the fundamentals of pistol shooting.

(iii) Pistol shooting positions.

(iv) Firearms and the law, including civil liability issues and the use of deadly force. This portion shall be taught by an attorney or an individual trained in the use of deadly force.

(v) Avoiding criminal attack and controlling a violent confrontation.

(vi) All laws that apply to carrying a concealed pistol in this state.

(b) The program provides at least 3 hours of instruction on a firing range and requires firing at least 30 rounds of ammunition.

(c) The program provides a certificate of completion that states the program complies with the requirements of this section and that the individual successfully completed the course, and that contains the printed name and signature of the course instructor. Not later than October 1, 2004, the certificate of completion shall contain the statement, “This course complies with section 5j of 1927 PA 372.”

(d) The instructor of the course is certified by this state or a national organization to teach the 8-hour pistol safety training course described in this section.

(2) A person shall not do either of the following:

(a) Grant a certificate of completion described under subsection (1)(c) to an individual knowing the individual did not satisfactorily complete the course.

(b) Present a certificate of completion described under subsection (1)(c) to a concealed weapon licensing board knowing that the individual did not satisfactorily complete the course.

(3) A person who violates subsection (2) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both.

(4) A concealed weapons licensing board shall not require that a specific form, color, wording, or other content appear on a certificate of completion, except as provided in subsection (5), and shall accept as valid a certificate of completion issued prior to the effective date of the amendatory act that added this subsection that contains an inaccurate reference or no reference to this section but otherwise complies with this section.

(5) Beginning October 1, 2004, a concealed weapons licensing board shall require that a certificate of completion contain the statement, “This course complies with section 5j of 1927 PA 372.”.


The problem is in the bold text. Your program, Jason, is not certified by this state or a national or state firearms training organization. And, since the national firearms training organization that the vast majority of the CPL trainers are claiming to be compliant with is the NRA, those that do not utilize a lawyer or a police officer with a JD are not in compliance with the certification standards of the NRA's program. And, if you're going to claim that your training meets the requirements of that organization, then it should.

Aha! I'm not aware of the exact requirements as specified by the NRA. I didn't realize they required that either a lawyer teach that portion, or LEO with a JD (at which point, unless they can't pass the bar, they're lawyers anyways).

If that is the case, then yes, the program would be out of compliance and not certified if it was just Joe Blow LEO, or myself (as I am neither in possession of a P-Number or a LEO).
IT Director
Deputy Treasurer
Legislative Aide

Offline part deux

  • MOC Member
  • *
  • Posts: 683
Re: Informing CPL Instructors on OC
« Reply #6 on: May 02, 2014, 07:27:20 AM »
NRA is not OC friendly

With many CC legal portions being taught by anti OC LEO, of course OC is discouraged.

I'd be happier if they could get the CC information correct :(

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Informing CPL Instructors on OC
« Reply #7 on: May 02, 2014, 09:48:20 AM »

This post is in reference to many of the posts that have been coming up on the MOC Facebook page from some very respected members of MOC.  My goal was to hopefully convince some of the leadership that pushing enforcement on who can instruct the law in a CPL class doesn't improve CPL classes or inform anyone but it does close off the classes that use LEOs from referring people to open carry.

.................
Gun Laws
Do not make you safer
Can put you in prison

You do realize that 90% of the people that use the Facebook GROUP (not page, there's a distinction) don't post here. Therefore you missed your target audience by posting here instead of the group?
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
Informing CPL Instructors on OC
« Reply #8 on: May 02, 2014, 09:51:08 AM »

Aha! I'm not aware of the exact requirements as specified by the NRA. I didn't realize they required that either a lawyer teach that portion, or LEO with a JD (at which point, unless they can't pass the bar, they're lawyers anyways).

If that is the case, then yes, the program would be out of compliance and not certified if it was just Joe Blow LEO, or myself (as I am neither in possession of a P-Number or a LEO).

NRA requires LEOs teaching the class be POST certified. Most MI officers are not, but rather MCOLES certified.
I Am Not A Lawyer (nor a gunsmith).

Offline detroit_fan

  • AmmoDump
  • *
  • Posts: 249
  • 2 chairs, no waiting
  • First Name (Displayed): Jason
Re: Informing CPL Instructors on OC
« Reply #9 on: May 02, 2014, 11:53:50 AM »
You do realize that 90% of the people that use the Facebook GROUP (not page, there's a distinction) don't post here. Therefore you missed your target audience by posting here instead of the group?
not to hijack, but why do we have a FB group and a FB page?

Offline TucTom

  • MOC Member
  • *
  • Posts: 565
  • First Name (Displayed): Tom
Re: Informing CPL Instructors on OC
« Reply #10 on: May 02, 2014, 01:49:09 PM »
not to hijack, but why do we have a FB group and a FB page?
And which one of I a member or joined, Ahhh never mind, I don't read facebook posts too often anyway.

But I was indeed wondering where the OP post came from as I haven't read anything on here about it.

It does sound like another group/boards argumentative discussions though.

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Informing CPL Instructors on OC
« Reply #11 on: May 02, 2014, 04:03:17 PM »

not to hijack, but why do we have a FB group and a FB page?

The FB Group is more conducive for discussion (as disjointed they may be).

Our FB page enables our leadership to publish material in a more organized and regulates fashion. Only select people can post to our PAGE as "Michigan Open Carry".

Why have a rifle and a handgun? Different tools for different needs.
I Am Not A Lawyer (nor a gunsmith).

Offline CV67PAT

  • MOC Charter Member
  • Posts: 2615
Re: Informing CPL Instructors on OC
« Reply #12 on: May 02, 2014, 05:05:24 PM »
The FB Group is more conducive for discussion (as disjointed they may be).

Our FB page enables our leadership to publish material in a more organized and regulates fashion. Only select people can post to our PAGE as "Michigan Open Carry".

Why have a rifle and a handgun? Different tools for different needs.
To continue the gun analogy a bit further...
The FB page is like a rifle. Specific information is shot out in a precise manner.
The FB group is like a shotgun. Information is shot out in a scattered fashion. Hitting multiple targets all over the place, with little or no accuracy at times.
Want to keep informed of events in your area? Go to http://www.miopencarry.org/update

Offline MP Miller

  • MOC Member
  • *
  • Posts: 17
    • Shadowbox
  • First Name (Displayed): Jason
Re: Informing CPL Instructors on OC
« Reply #13 on: May 19, 2014, 11:41:08 PM »
NRA requires LEOs teaching the class be POST certified. Most MI officers are not, but rather MCOLES certified.

The NRA also allows individuals certified by the state (one could argue that refers back to the law).  The NRA does not enforce these standards as they "leave it up to the states".

I would guess the vast majority of CPL classes use LEOs for the legal part.  Members of gun boards and prominent officers all take part in this and as long as the law is not broken the state and the NRA have no issue.  To my knowledge no one has ever been charged for teaching the law portion of the CPL class if the rest of the law was followed.

Above someone mentioned that the NRA was anti OC, being that is the case why do we keep pushing that their classes are not legal?  My argument is simply put: given the current state of acceptance of OC among NRA classes, shouldn't we embrace these instructors and provide them information to make their classes better rather than tell them their classes have all been invalid and they need to hire a lawyer to associate with MOC.

I think of new instructors coming to the site looking for info and a place to refer students to.  I can't imagine any of them coming back.
The world needs more Libertarians