MSP legal update NEW INFO!

[emt805]

I was just rereading this update it states

"A private property owner has the right to prohibit individuals from carrying a visible or concealed pistol on his or her property. If a person remains on the property after being told to leave by the owner, the person may be charged with trespassing (MCL 750.552)."

It says that the property owner has the right to prohibit people from carrying, it does not say anything about managers, reps, or employees having the right to prohibit people from carrying a firarm. Any thoughts?

[autosurgeon]

Remember this is just a synopsis the underlying law still carries the true weight. And the law gives anyone carrying out the owners wishes or working on his or her behalf the power of the owner in regards to trespassing.

[BTAvery]

Now you have me all confused if my mother rents a property and I stay with her can I legally Conceal on the property?

[autosurgeon]

hmmmm I will leave that one to an attorney.

[emt805]

I was just rereading this update it states

"A private property owner has the right to prohibit individuals from carrying a visible or concealed pistol on his or her property. If a person remains on the property after being told to leave by the owner, the person may be charged with trespassing (MCL 750.552)."

It says that the property owner has the right to prohibit people from carrying, it does not say anything about managers, reps, or employees having the right to prohibit people from carrying a firarm. Any thoughts?

After further review they only copied and pasted some of the law and not all of it.
750.552 Trespass upon lands or premises of another; violation; penalty.
Sec. 552.

(1) A person shall not do any of the following:

(a) Enter the lands or premises of another without lawful authority after having been forbidden so to do by the owner or occupant or the agent of the owner or occupant.

(b) Remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant.

(c) Enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.

(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or by a fine of not more than $250.00, or both.
History: Add. 1951, Act 102, Imd. Eff. May 31, 1951 ;-- Am. 2007, Act 167, Eff. Mar. 20, 2008




But on that note who would qualify as occupant or agent of the owner or occupant? Would that be blanketed to include anyone working at said location or just who the owner allows to have that authority be it the guy who had a bad day making min wage or a manager?

[Bronson]

Now you have me all confused if my mother rents a property and I stay with her can I legally Conceal on the property?

Do you actually live there or just spending a couple of nights?

MCL 750.227 states:

92) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

Bronson

[13mile9]

Hey, thanks for distibuting that info.  I usually keep a watch on those updates, but haven't looked there for the past few months.  Thank you!

[BTAvery]

Now you have me all confused if my mother rents a property and I stay with her can I legally Conceal on the property?

Do you actually live there or just spending a couple of nights?

MCL 750.227 states:

92) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

Bronson

right now i'm visiting but soon will be living there as a full time resident

[northofnowhere]

Until it is your place of residence, the place would call your "Dwelling House" then no, you cannot conceal there.  Wrong as it may be, that is the wording of the law.

My question resulting from reading all this.....   Without a CPL, could you keep a loaded firearm on or near you in a hotel room.  Quite frankly, before I had my CPL I would transport a firearm with me, but would surely load it and place it near me in the room.  Would a hotel room be considered a dwelling house, or perhaps even "other land possessed by the individual?"  You are technically paying rent on the property, however short term it is.

[jeffsayers]

Without a CPL, could you keep a loaded firearm on or near you in a hotel room.

So long as you do not take it in the washroom. The moment you enter a relief facility, public or private, it would be cosidered concealed. 
Obvious note - The above comment came from the main fixture of said relief facility.

Anyway, that is a good question, especially if the room has a mini bar in it! Curious to see what our collective minds come up with on this one.