Author Topic: OC in places licensed to sell liquer.  (Read 8337 times)

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Offline frankenbiker

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OC in places licensed to sell liquer.
« on: November 17, 2012, 10:12:23 AM »
When I first started OC, I was under the impression that I could open carry in an establishment that had a liquer license, if the sales of liquer were less than 75% of its income. IE, gas stations, convienence stores etc. Also, that it was lawful to carry under such conditions with the expressed consent of the owner of the station.

Has something changed? Is it  now illegal to OC in any establlishment that has a license under the state to sell booze

Offline Super Trucker

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Re: OC in places licensed to sell liquer.
« Reply #1 on: November 17, 2012, 10:39:30 AM »
Do you have a CPL?

Offline CV67PAT

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Re: OC in places licensed to sell liquer.
« Reply #2 on: November 17, 2012, 11:52:32 AM »
When I first started OC, I was under the impression that I could open carry in an establishment that had a liquer license, if the sales of liquer were less than 75% of its income. IE, gas stations, convienence stores etc. Also, that it was lawful to carry under such conditions with the expressed consent of the owner of the station.

Has something changed? Is it  now illegal to OC in any establlishment that has a license under the state to sell booze

Welcome to Michigan Open Carry. This is the right place to obtain accurate information to research the laws surrounding open carry of a handgun in Michigan.

It can be confusing, but once you are familiar with the nuances of the two main statutes regulating the carrying and possession of a firearm, it becomes easy to understand.

Start by researching here:

http://forums.michiganopencarry.org/index.php/topic,25.0.html

Then attend a MOC Open Carry Seminar:

forums.michiganopencarry.org/index.php/board,9.0.html

http://forums.michiganopencarry.org/index.php/topic,2256.0.html

http://forums.michiganopencarry.org/index.php/topic,2335.0.html

Also come to one of our MOC gatherings, to meet others interested in open carry, listed here:

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Offline frankenbiker

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Re: OC in places licensed to sell liquer.
« Reply #3 on: November 17, 2012, 11:54:38 AM »
No I do not. Just can't afford it right now unfortunately. Just open carry. I was at a seminar at Gandar mountain, when I first heard this. So I went to my locally owned stores and got permission from them all to carry openly in their establisments. Two sell beer and wine. None sell hard booze.

Offline frankenbiker

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Re: OC in places licensed to sell liquer.
« Reply #4 on: November 17, 2012, 11:58:34 AM »
Welcome to Michigan Open Carry. This is the right place to obtain accurate information to research the laws surrounding open carry of a handgun in Michigan.

It can be confusing, but once you are familiar with the nuances of the two main statutes regulating the carrying and possession of a firearm, it becomes easy to understand.

Start by researching here:

http://forums.michiganopencarry.org/index.php/topic,25.0.html

Then attend a MOC Open Carry Seminar:

forums.michiganopencarry.org/index.php/board,9.0.html

http://forums.michiganopencarry.org/index.php/topic,2256.0.html

http://forums.michiganopencarry.org/index.php/topic,2335.0.html

Also come to one of our MOC gatherings, to meet others interested in open carry, listed here:

http://forums.michiganopencarry.org/index.php/board,9.0.html
So I guess the answer to my question is NO.

Offline CV67PAT

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Re: OC in places licensed to sell liquer.
« Reply #5 on: November 17, 2012, 12:03:33 PM »
No I do not. Just can't afford it right now unfortunately. Just open carry. I was at a seminar at Gandar mountain, when I first heard this. So I went to my locally owned stores and got permission from them all to carry openly in their establisments. Two sell beer and wine. None sell hard booze.

Quote
PLACES off limits to firearms without a CPL: Sec. 234d (1) Except as otherwise provided in subsection (2), a person shall not possess a firearm on the premises of any of the following: a) A Bank. b) A church. 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 (Note-This is any place that sells alcohol, e.g. Krogers, party stores, etc.)

The referenced statute does not differentiate between types of alcohol sold. It only specifies an "establishment licensed" under the liquor control act. So even an establishment licensed to sell, but is not actually selling, would be a prohibited location to OC for someone without a CPL.

With respect to the permission received, it is suggested that the permission be obtained in writting to avoid any difficulties in memory/recall at a later date.
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Offline frankenbiker

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Re: OC in places licensed to sell liquer.
« Reply #6 on: November 17, 2012, 12:11:10 PM »
Ok, after doing a little research, I've dedueced that if I have permission from the establisments owner, preferably in writting, then I'm allowed to carry in thier stores, if their sales from liquer is less than 25% of their total sales. See this means everything. I live in a town of less than 1000 people, it has two bars, which I don't drink so never go there, a pharmacy, two gas stations, both sell bear and wine, and a grocere that sells all alchohol. Now, unfortunately, the pharmacy shares a parking lot with one of the bars, same with a couple of other stores. I do carry openly, and have obtained permission from the stores to carry. Now I will go get that in writting, because even though we're too small for a local cop shop, we do have a county sheriff that comes through once a month or so.

Offline TheQ

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OC in places licensed to sell liquer.
« Reply #7 on: November 17, 2012, 12:37:18 PM »
No I do not. Just can't afford it right now unfortunately. Just open carry. I was at a seminar at Gandar mountain, when I first heard this. So I went to my locally owned stores and got permission from them all to carry openly in their establisments. Two sell beer and wine. None sell hard booze.

Make sure you get the permission in writing. Store managers have a way of "forgetting" sometimes after LEOs show up.
I Am Not A Lawyer (nor a gunsmith).

Offline TheQ

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OC in places licensed to sell liquer.
« Reply #8 on: November 17, 2012, 12:38:47 PM »
Ok, after doing a little research, I've dedueced that if I have permission from the establisments owner, preferably in writting, then I'm allowed to carry in thier stores, if their sales from liquer is less than 25% of their total sales. See this means everything. I live in a town of less than 1000 people, it has two bars, which I don't drink so never go there, a pharmacy, two gas stations, both sell bear and wine, and a grocere that sells all alchohol. Now, unfortunately, the pharmacy shares a parking lot with one of the bars, same with a couple of other stores. I do carry openly, and have obtained permission from the stores to carry. Now I will go get that in writting, because even though we're too small for a local cop shop, we do have a county sheriff that comes through once a month or so.

The percentage of sales has nothing to do with MCL 750.234d. Please read it again.
I Am Not A Lawyer (nor a gunsmith).

Offline CV67PAT

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Re: OC in places licensed to sell liquer.
« Reply #9 on: November 17, 2012, 02:39:38 PM »
The percentage of sales has nothing to do with MCL 750.234d. Please read it again.
And again. And again. Learn it inside and out.
Want to keep informed of events in your area? Go to http://www.miopencarry.org/update