Michigan Open Carry, Inc.
Open Carry Specific => OC Questions => Topic started by: bohican on May 13, 2014, 07:56:58 PM
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So I am looking to clear up a little of my own confusion i had today. my girlfriend and myself were going for a walk to a couple stores. First store was a local coffee house here in GR, called The Sparrows, that I have opened carried numerous times with no issue but the second was were I had my concern. Lete state that I do NOT have my CPL......yet. The second place we were going to was a place that sells alcohol. Now I know that I can't enter while OCing with out my CPL but am I restricted from standing in the parking lot while my girlfriend runs inside?
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I'm going to tell you that you're legal because the law only specifies "premises" which is defined by the MLCC as the building only. Also the assistant AG issued a letter on this saying it was okay.
Others here might tell you it is a legal grey area. If I didn't have a CPL I would not be concerned about possession in a parking lot.
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It does state that the premises doesn't include the parking areas so it seems pretty clear to me that you would be fine.
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It does state that the premises doesn't include the parking areas so it seems pretty clear to me that you would be fine.
No it's the law that says where we can't conceal carry that exempts parking lots. (common mistake :) )
MCL 750.234d ... (2), a person shall not possess a firearm on the premises of any of the following:
... (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. (some of us disagree on what "premises" includes.)
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I'm going to go with a dictionary definition. Under that definition premises would include parking lot.
You can bet yourself that the criminal gang calling themselves the government will use whatever definition fits their case the best. At least the prosecution will try to sell whatever definition fits their case the best.
Oh, who does the judge work for? The same people that employ the prosecution. Seems like a stacked deck…
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I'm going to go with a dictionary definition. Under that definition premises would include parking lot.
You can bet yourself that the criminal gang calling themselves the government will use whatever definition fits their case the best. At least the prosecution will try to sell whatever definition fits their case the best.
Oh, who does the judge work for? The same people that employ the prosecution. Seems like a stacked deck…
I'm going with The Q on this one, when it comes to carrying.
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What happens when the fair comes to town and sets up in a park. They always have a liquor tent, is now the rest of the place off grounds to carrying and also the parking lot because of being attached to something that sells alcohol?
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So then I would be safer standing on the sidewalk while I waited for my girlfriend to come back out and not the parking lot. That's what I'm understanding from Q and Pat on this.
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So then I would be safer standing on the sidewalk while I waited for my girlfriend to come back out and not the parking lot. That's what I'm understanding from Q and Pat on this.
That's the legally "safest" course. It's a gray area. The level of gray is open to debate. Anyone who claims there is no gray doesn't understand the law very well.
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It sucks that our laws are not always very cut and dry. One thing says that premises doesn't include the parking lot so an argument could be made. But I also wouldn't want to be the one in court trying to plead my case about it either. :(
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What happens when the fair comes to town and sets up in a park. They always have a liquor tent, is now the rest of the place off grounds to carrying and also the parking lot because of being attached to something that sells alcohol?
You should consult with your firearm law experienced attorney about the specifics of this scenario.
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This thread was split to here:
http://forums.michiganopencarry.org/index.php/topic,4146.0.html (http://forums.michiganopencarry.org/index.php/topic,4146.0.html)