CPL, and Disclosure

[Small_Arms_Collector]

I'm having trouble finding the section of the statute that requires a CPL holder to disclose while carrying concealed, anyone got a link?

[northofnowhere]

http://www.legislature.mi.gov/%28S%28xuqlij45fsmnf33dtyoumrjs%29%29/mileg.aspx?page=GetObject&objectname=mcl-28-425f

28.425f Concealed pistol license; possession; disclosure to police officer; violation; penalty; seizure; forfeiture; "peace officer" defined.

Sec. 5f.

(1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that pistol in his or her possession at all times he or she is carrying a concealed pistol.

(2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show both of the following to a peace officer upon request by that peace officer:

(a) His or her license to carry a concealed pistol.

(b) His or her driver license or Michigan personal identification card.

(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.

(4) An individual who violates subsection (1) or (2) is responsible for a state civil infraction and may be fined not more than $100.00.

(5) An individual who violates subsection (3) is responsible for a state civil infraction and may be fined as follows:

(a) For a first offense, by a fine of not more than $500.00 or by the individual's license to carry a concealed pistol being suspended for 6 months, or both.

(b) For a subsequent offense within 3 years of a prior offense, by a fine of not more than $1,000.00 and by the individual's license to carry a concealed pistol being revoked.

(6) If an individual is found responsible for a state civil infraction under this section, the court shall notify the department of state police and the concealed weapon licensing board that issued the license of that determination.

(7) A pistol carried in violation of this section is subject to immediate seizure by a peace officer. If a peace officer seizes a pistol under this subsection, the individual has 45 days in which to display his or her license or documentation to an authorized employee of the law enforcement entity that employs the peace officer. If the individual displays his or her license or documentation to an authorized employee of the law enforcement entity that employs the peace officer within the 45-day period, the authorized employee of that law enforcement entity shall return the pistol to the individual unless the individual is prohibited by law from possessing a firearm. If the individual does not display his or her license or documentation within the 45-day period, the pistol is subject to forfeiture as provided in section 5g. A pistol is not subject to immediate seizure under this subsection if both of the following circumstances exist:

(a) The individual has his or her driver license or Michigan personal identification card in his or her possession when the violation occurs.

(b) The peace officer verifies through the law enforcement information network that the individual is licensed under this act to carry a concealed pistol.

( As used in this section, "peace officer" includes a motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d, and security personnel employed by the state under section 6c of 1935 PA 59, MCL 28.6c.


History: Add. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2002, Act 719, Eff. July 1, 2003 ;-- Am. 2008, Act 194, Eff. Jan. 7, 2009
Popular Name: CCW
Popular Name: Concealed Weapons
Popular Name: CPL
Popular Name: Right to Carry
Popular Name: Shall Issue

[JoeCar]

(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.

I didn't realize that while carrying concealed, if a LEO should stop and chat, you must notify him that your are concealed carrying. Interesting..

[northofnowhere]

JoeCar,

     That is extremely common knowledge.  If you have a CPL and are stopped you are obligated to disclose.  I always disclose, even if for only a chat.  Most feel though, that a polite chat is not being "stopped" and that there is no duty to disclose.  The penalty is too stiff for me to argue it, so I disclose anytime an officer approaches for any reason.

[TheQ]

     That is extremely common knowledge.  If you have a CPL and are stopped you are obligated to disclose.  I always disclose, even if for only a chat.  Most feel though, that a polite chat is not being "stopped" and that there is no duty to disclose.  The penalty is too stiff for me to argue it, so I disclose anytime an officer approaches for any reason.

I think they teach this legal tidbit in almost every CPL class.

[Small_Arms_Collector]

They do, I teach the class, I just wanted a copy of the actual section to keep on hand.

[ghostrider]

They do, I teach the class, I just wanted a copy of the actual section to keep on hand.

With all due respect, it sounds like you need to do some homework.No reason why you as a teacher of the class should not know how to look this stuff up. Not to be harsh, but there have been enough problems with CPL instructors giving out bad information mainly due to them not doing the work necessary to gain the knowledge.

ETA:

However, to give equal time. Kudo's to you for at least trying to get the info.

[Small_Arms_Collector]

They do, I teach the class, I just wanted a copy of the actual section to keep on hand.

With all due respect, it sounds like you need to do some homework.No reason why you as a teacher of the class should not know how to look this stuff up. Not to be harsh, but there have been enough problems with CPL instructors giving out bad information mainly due to them not doing the work necessary to gain the knowledge.

ETA:

However, to give equal time. Kudo's to you for at least trying to get the info.

Oh, I already had the info, I just wanted a printout with a .gov domain name on it to carry with me at Arts Beats And Eats just in case I run into an anti-gun cop, my Google Foo apparently is weak right now though because I couldn't seem to find it.

[TheQ]

Oh, I already had the info, I just wanted a printout with a .gov domain name on it to carry with me at Arts Beats And Eats just in case I run into an anti-gun cop, my Google Foo apparently is weak right now though because I couldn't seem to find it.

Michigan Firearm Laws
This link has every Michigan law about firearms on the books, as well as AGOs.  Happy reading.  Bookmark it.

This may help you too.

[ghostrider]

They do, I teach the class, I just wanted a copy of the actual section to keep on hand.

With all due respect, it sounds like you need to do some homework.No reason why you as a teacher of the class should not know how to look this stuff up. Not to be harsh, but there have been enough problems with CPL instructors giving out bad information mainly due to them not doing the work necessary to gain the knowledge.

ETA:

However, to give equal time. Kudo's to you for at least trying to get the info.

Oh, I already had the info, I just wanted a printout with a .gov domain name on it to carry with me at Arts Beats And Eats just in case I run into an anti-gun cop, my Google Foo apparently is weak right now though because I couldn't seem to find it.

http://www.legislature.mi.gov/%28S%28uomdgoivxadntbmocpk0qe55%29%29/mileg.aspx?page=home

Not that it will guarantee to do you much good. Chris Fetter's had all the relevant documentation at Grand Haven. Didn't help him much. You might encounter an officer who is willing to review your material, but most of them have already been told how to treat the various encounters.

[autosurgeon]

I still feel that the better thing to do is to just follow wash rinse repeat and if you are arrested close the mouth and keep it closed.

[Agent1]

I still feel that the better thing to do is to just follow wash rinse repeat and if you are arrested close the mouth and keep it closed.

I second that!

[Small_Arms_Collector]

They do, I teach the class, I just wanted a copy of the actual section to keep on hand.

With all due respect, it sounds like you need to do some homework.No reason why you as a teacher of the class should not know how to look this stuff up. Not to be harsh, but there have been enough problems with CPL instructors giving out bad information mainly due to them not doing the work necessary to gain the knowledge.

ETA:

However, to give equal time. Kudo's to you for at least trying to get the info.

Oh, I already had the info, I just wanted a printout with a .gov domain name on it to carry with me at Arts Beats And Eats just in case I run into an anti-gun cop, my Google Foo apparently is weak right now though because I couldn't seem to find it.

http://www.legislature.mi.gov/%28S%28uomdgoivxadntbmocpk0qe55%29%29/mileg.aspx?page=home

Not that it will guarantee to do you much good. Chris Fetter's had all the relevant documentation at Grand Haven. Didn't help him much. You might encounter an officer who is willing to review your material, but most of them have already been told how to treat the various encounters.

Thankyou.

What happened with Chris Fetters?

[ghostrider]

They do, I teach the class, I just wanted a copy of the actual section to keep on hand.

With all due respect, it sounds like you need to do some homework.No reason why you as a teacher of the class should not know how to look this stuff up. Not to be harsh, but there have been enough problems with CPL instructors giving out bad information mainly due to them not doing the work necessary to gain the knowledge.

ETA:

However, to give equal time. Kudo's to you for at least trying to get the info.

http://forums.gunsandammo.com/forum/2nd-amendmentpolitical-forum/federal-civil-rights-suit-filed-michigan

Oh, I already had the info, I just wanted a printout with a .gov domain name on it to carry with me at Arts Beats And Eats just in case I run into an anti-gun cop, my Google Foo apparently is weak right now though because I couldn't seem to find it.

http://www.legislature.mi.gov/%28S%28uomdgoivxadntbmocpk0qe55%29%29/mileg.aspx?page=home

Not that it will guarantee to do you much good. Chris Fetter's had all the relevant documentation at Grand Haven. Didn't help him much. You might encounter an officer who is willing to review your material, but most of them have already been told how to treat the various encounters.

Thankyou.

What happened with Chris Fetters?