For those carrying on election day.

[Small_Arms_Collector]

Some of us have polling places that are in "Pistol Free Zones", as you know as long as you have a CPL, and carry openly you may carry there, but I thought I'd provide a message to E Mail to your local police chiefs, or Sheriff to inform them of the law in case they do not know. Here is the message I sent to mine:

Hello, I wanted to write you to inform you of certain aspects of Michigan law as well as give you the Latest MSP Legal Update, just in case you are not already familiar with these aspects of law as they may become an issue on Election day. Some polling places have been located in schools, as you know schools are also listed as "Pistol Free Zones" per MCL 750.234d, and MCL 28.425o however MCL 750.234d does not apply to those with valid CCW Licences, and MCL 28.425o only applies to concealed pistols, not open carry. Therefor if one posses a CCW License, and is carrying openly they may carry in the "Pistol Free Zones" this issue is addressed in the latest MSP Update dated October 26th 2010, as well as Attorney General Opinion 7113, I have provided both for your review here:

MSP Legal Update Number 86
http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf

AG Opinion 7113
http://www.ag.state.mi.us/opinion/datafiles/2000s/op10188.htm

I'm making you aware of this as there are those who will choose to openly carry a firearm this election day for their personal protection despite that polling place being in a "Pistol Free Zone", and as long as they posses a valid CCW License, and are carrying openly they may do so without violating the law. Federal Law also makes an exemption to those who posses a valid CCW License whether concealed, or openly carried. It should be noted though that despite this letter being prompted by the coming election, and specifically referring to such this fact remains true at all times of the year for those people who choose to provide for their defense in this way.

Also important to mention is Michigan's Preemption Law MCL 123.1102 which as I'm sure you are aware invalidates any local law, ordinance, or rule that is more restrictive than state law, the law is provided below for your reference:

MCL 123.1102
http://www.legislature.mi.gov/%28S%28tluipw55wvshat45wwpu0k55%29%29/mileg.aspx?page=getObject&objectName=mcl-123-1102

Also this has been held to apply to all public buildings, please see the following cite:

MCRGO v Ferndale, 256 Mich. App. 401, (2003)
http://coa.courts.mi.gov/documents/opinions/final/coa/20030429_c242237_47_85o.242237.opn.coa.pdf

It's also important to note that there is no requirement for a CCW holder to present their license unless they are actually carrying concealed, and only then by request, unless it is a traffic stop. The relevant section of law is listed below:

MCL 28.425f
http://www.legislature.mi.gov/%28S%28ialphu45zb10hrv5m10ibcvl%29%29/mileg.aspx?page=getObject&objectName=mcl-28-425f

I'm sure there will not be a problem, this information was provided only as a courtesy.

If the links in the first paragraph don't work here are the manual links:

MCL 750.234d
http://www.legislature.mi.gov/%28S%28ws3gi2aszfzhhd455l3crsec%29%29/mileg.aspx?page=getObject&objectName=mcl-750-234d

MCL 28.425o
http://www.legislature.mi.gov/%28S%283fulmfnajx2wwdvbslttov55%29%29/mileg.aspx?page=getObject&objectName=mcl-28-425o

Thank you for your time.

[hooch]

Might want to change CCW to CPL.

Therefor if one posses a CCW License

[Small_Arms_Collector]

Might want to change CCW to CPL.

Therefor if one posses a CCW License

I thought of that as I was writing it, but CCW is the "general" term, and that's what some departments (like mine) seem to refer to it as, and you never know whos desk it's going to end up on.  I figured it would be easy enough to edit.

[BTAvery]

So I have a question if its not at a pistol free zone for example city hall can I OC?

[autosurgeon]

Yes you can.

[ocdetroit]

Mine is in a church i think i can open carry with my cpl right?

[BTAvery]

I should have specificed can I oc without a CPL? (although some of you know i'm 18)

[blinz73]

Took your advice and sent it to Westland PD.  Did change CCW to CPL, but the rest was perfect. Thank You.

[jeffsayers]

I won't have to worry about misinterpretation of the law with my polling place as it is private property. What a coincidence that the clubhouse of a subsidized rent apartment complex was contracted as the voting place for my precinct. Hmmm, wonder who set that up?  Now here's the million dollar question, if the property owners refuse to allow me entrance because I am armed, will that be voting fraud or will it be my fault for "scaring" the other voters?

I got five bucks that says in two years we will have voting booths alongside the cheese line.

Yes I am being a bit intolerant. No, I really don't care anymore. God help us tonight as the votes are counted!

In a perfect republic, there are three groups allowed to vote: taxpayers, property owners and servicemen.

Thanks for listening to me rant. Feel free to throw some more fuel in, I just picked up my blood pressure meds anyway.

[emt805]

I was informed I could not carry at a polling booth on election day,

http://forums.michiganopencarry.org/index.php?topic=761.0

[venator]

I was informed I could not carry at a polling booth on election day,

http://forums.michiganopencarry.org/index.php?topic=761.0

Well you now know that that is incorrect information.  You can possess weapons at polling places.  Just make sure all firearm laws are followed.