Open Carry Specific > OC Questions
OC without a CPL in Walmart
G36shooter:
Please clarify, If a Walmart sells beer and wine, no liqueur, is OC allowed?
linux203:
--- Quote from: MCL 750.234d ---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.
--- End quote ---
Walmart is licensed under the Michigan Liquor Control Act. To legally OC at Walmart, you will need at least one of the exceptions listed in Section 2. The most common exception is (c) someone with a CPL. If you opt for (d), permission from the owner or agent, get it in writing first.
Also be aware, a location doesn't need to sell alcohol to be licensed by the MLCC. The state publishes liquor licenses here: http://www.dleg.state.mi.us/mlcc/liclists/liclis4.htm
cite: http://legislature.mi.gov/doc.aspx?mcl-750-234d, http://miopencarry.org/moc_files/brochure.pdf
G36shooter:
That is how I interpret the statute. The OC'er I spoke with claimed that because Walmart only sold beer and wine he was able to OC. Was not going to argue his interpretation of the law, he can do that before a Judge if he gets dinged. He stated that he does not have a CPL, I offered him a tri-fold and wished him well.
birddseedd:
being sections 436.1 to 436.58 of the Michigan Compiled Laws.
Read those. I suspect they define a license for someone l like crapmart vs an actual bar or liquor store
linux203:
--- Quote from: birddseedd on July 07, 2014, 08:23:30 PM ---being sections 436.1 to 436.58 of the Michigan Compiled Laws.
Read those. I suspect they define a license for someone l like crapmart vs an actual bar or liquor store
--- End quote ---
There are multiple licenses available, the biggest two divisions being on-premise (a bar) and off-premise (a store). Regardless, they are both licensed under the statute.
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