Mi CCW question

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Flyboy73

Flyboy73

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I was in my Dads Dialysis center and was reading a sign saying "no employee or vistor may carry weapons, including ccw holder in the building, parking lot or adjancent faciatly"

Now i know that in michigan busniess can prohibit carrying in the building, but what about the parking lot?

If i have my gun in my car, can they say legally no you can't have one there?

Brion
 
The way I understand it...

In my state, you can still carry in the parking lot, but you must leave the firearm in a locked vehicle. This includes college campuses. Most private businesses down here do not have a restriction against CCW, those that do can ask you to leave, but there is no law you can be charged with.

Your place of employment may have a company policy against CCW and they can fire you for carrying at work, but you have not broken a law.

The only places you can not carry in Oklahoma are government buildings, schools including colleges, sporting events, and establishments whose primary revenue source is alcohol.

according to the little map on packing.org it looks like our states have a reciprocity agreement, so our laws are pretty similar.
 
First off, MCL 28.425o,

Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation.​

lists MI "gun-free zones". I do not think it discusses compliance with "No weapons" signs at locations that are not gun-free zones.

Also MCL 28.425o(3) exempts parking areas from gun-free zones.

So, to expand upon your initial query, I add three questions, the answers to which you may find instructive.

  1. Is this dialysis center considered a "hospital", which is listed as a gun-free zone?
  2. If it is considered a hospital, does that even have any bearing on ccw while in the parking area?
  3. Is there actually anything elsewhere in MI or federal law that provides for any sort of penalty in this instance if you were to simply ignore the "no-weapons" posting (assuming you are in compliance with MCL.425o)?

I do not claim to know anything. Maybe my questions will provide you with some direction, though.
 
I just checked again and "hospital" means an ADMITTING hospital building. If the "dialysis center" is in an admitting hospital then you may NOT carry there. If the facility is an out-patient, NON ADMITTING facility, not physically connected and accessible directly from an admitting hospital without going outside, then it is NOT a "hospital" as used in the law. Parking lots are not considered the "premises" of a carry-restricted area. As far as I can see in the book of laws provided by the state-o-Mich, only the spelled out restricted areas are covered by the law. Anywhere else can only ask you to leave if they find you carrying against their policy, no laws broken as far as the state is concerned.
Josh
 
I tought under MI CCW law that places could prohibt you from carrying. But i could not find any thing in the web site.

So as i read it not breaking the law to carry there. But they could ask you to leave. And no the center is not a hospital.


Brion
 
Write a letter to the center's lawyer, explain your understanding of Michigan law (which does not allow for "signage" restrictions) and ask for clairification of why they have these policy.

There could be a reason for it, I'm no doctor, but could dialysis or some other procedure they perform there be adversly affected by a firearm? An MRI machine and a cellphone don't mix, for example, perhaps the half-pound of lead, steel, wood, and `powder can affect some other machine.

Of course, there might be some zoning law or other regulation that makes the center a hospital, even without the admidting portion of the state law. Here in Michigan, local governments have the ability to add to the list of restricted public carry locales.

Also, even if there is no legal weight to the posted signs, they do have every right to ask people not to carry.
 
If I am right and I think I am this question would be a Civil matter not criminal. I think that would be true even if you egnored the sign and went in anyway. It would be up to the Civil courts to decide.
 
As I understand it private property that is posted is not considered illegal to carry. But if they find out and ask you to disarm or leave,and you refuse ,You could be charged with trespassing.
 
Thain said:
Here in Michigan, local governments have the ability to add to the list of restricted public carry locales
Click to expand...

Not true. In Michigan, local ordinances may NOT trump state law. It's known as "preemption". Local governments have tried this (Ferndale, Waterford), and failed.
Josh
 
model 649 said:
I just checked again and "hospital" means an ADMITTING hospital building. If the "dialysis center" is in an admitting hospital then you may NOT carry there.
Click to expand...

Unfortunately, I have had an attorney well versed in the law tell me that the way the law is written, ANY "premises" owned or operated by a hospital is considered to be a no-carry zone according to state law. His interpertation is based on the language of the law and not the common-sense defination of "hospital" as being inpatient only.

Send me a PM and I'll give you his contact info and you can ask him yourself.
 
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