Conflicting Advice State Law vs State Police Advice--Michigan

aaaaa

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BEFORE YOU READ THIS POST SEE MY SECOND POST FIRST AS I THINK I MAY HAVE FIGURED THIS OUT--MAYBE
Then, this post only serves to illustrate the confusion between state law and state agencies trying to convey that law as illustrated in this post.

Michigan State Police Prohibited Premises page says I cannot conceal carry at "Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials allow concealed weapons," but that "does not include the parking areas."

Michigan State Police Legal Update #86 says, "MCL 750.234d provides that it is a 90 day misdemeanor to possess a firearm on the premises of any of the following:  A depository financial institution (e.g., bank or credit union)  A church or other place of religious worship. . ."
So now it is just a church or place of worship, not "any facility owned or operated by. . ." And now it says I cannot carry when making in in-person bank transaction inside a bank, but the Prohibited Premises page above said NOTHING about banks.
It goes on to say, "The above section does not apply to any of the following:  . . . A person with a valid concealed pistol license (CPL) issued by any state  A person who possesses on one of the above listed premises with the permission of the owner or owner’s agent."
Seemd from this one that it is okay to carry at a church without permission if I have a valid CPL, and I do.
But this is for Open Carry and it goes on to say, "An individual with a valid CPL may carry a nonconcealed firearm in the above listed premises."

Then the Prohibited Premises page says, "A pistol is subject to immediate seizure if the CPL holder is carrying a pistol in a prohibited area. The pistol is only subject to seizure if the holder is carrying it concealed, except in casinos. In a casino the pistol is subject to seizure whether carried concealed or exposed. The following penalties may also be imposed:
--First offense: State Civil Infraction, $500 fine, CPL permit suspended 6 months
--Second offense: 90-day misdemeanor, $1000 fine, CPL permit revoked
--Third and subsequent offenses: 4-year felony, $5000 fine, CPL permit revoked"

Yet the Legal Update #86 says nothing about first, second or any other offense, just that "MCL 750.234d provides that it is a 90 day misdemeanor to possess a firearm on the premises of any of the following . . ."

Yet opening the link to MCL 750.234d and it says, "A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both."
Additionally, MCL 750.234d gives the exceptions for carrying including, as noted in Legal Update #86, "A person licensed by this state or another state to carry a concealed weapon." However, Legal Update #86 says I have to be open carrying to use that exemption, but MCL 750.234d says nothing of open carry.

So, the question is, how is one to know where and how they can carry without engaging the services of a lawyer? Worse if I go to another state.

Last summer I had to turn around from going the wrong direction and inadvertently turned through the parking lot of a closed (Sunday) school facility in some smaller town. Technically I was in violation for that moment.

It is insane these nit picky regulations. I think they just want to annoy us to no end.

Bottom Line: I want to understand if in Michigan I can carry in a bank to make a withdrawal or such. And I want to know if I can carry on church premises. My mother-in-law is in an assisted living facility owned and operated by a church. I don't know if I can enter with my concealed pistol, or even if I can walk around outside the building, like to fill her bird feeder with my pistol in pocket, or I have to remove it before I come off the parking lot.
 
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Well maybe I answered my own question. The first to links, Michigan Prohibited Premises and Legal Update #86 are not LAW but some agency's (State Police) interpretation of the law. The third link I posted is actual Michgan Law. So given that, I should simply stick to the Law, which I have pasted the section in question below.

Given that, It appears I can carry at any of these places (barring federal restrictions) a concealed or open carry (which is allowed in Michigan) so long as I have my CPL. Does that make sense? I should carry a copy of this Section of the Act with me though.
_______________________________________________________
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931 750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty. Sec. 234d.

(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(b) A church or other house of religious worship.
(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, 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.

(2) This section does not apply to any of the following:
(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.
(b) A peace officer.
(c) A person licensed by this state or another state to carry a concealed weapon.
(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.

(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

History: Add. 1990, Act 321, Eff. Mar. 28, 1991;Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992;Am. 1994, Act 158, Eff. Aug. 15, 1994.
 
if the state police have that on their site then you had better copy that to your cell phone or print it out. The potential twist is that there may have been a judicial decision on this law, in michigan, which is the reason why it is posted as it is on the state police site. that is why they tell you on here to get legal advice from a professional.
 
When I used to be a locksmith, any FDIC affiliated bank was under the edict of the Federal laws banning weapons in banks, except for police of that state or federal law enforcement agents while on duty.
State could not arrest - no state crime - but federal agent could. It is possible that federal law has been changed (I'm not aware) or possibly I was given bad information from long ago.

One must be aware of all the laws concerned.
The reverse of this is on most 'roads', a federal officer cannot stop an automobile and issue a citation for excessive speed. No jurisdiction. State policemen and State Troopers can.

By the way, fully automatic weapons are 'overseen' by BTAFE under the NFA (and subsequent legal updates), AND are restricted or prohibited by some states - and the states vary from each other somewhat.

Anyone up for TETRIS?
 
Probably my main concern is church property. Michigan Prohibited Premises page says I cannot carry at,
  • Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials allow concealed weapons.
  • “Premises” does not include the parking areas of the places listed above.
Legal Update #86 and MCL 750.234d just say I cannot carry at "A church or other place of religious worship."

The problem is that my mother-in-law is in a church owned and operated assisted living facility, so I have been concerned to not carry any time I go there, even if we are just walking the dog on the church-owned grounds.
 
http://www.legislature.mi.gov/(S(zz...g.aspx?page=GetObject&objectname=mcl-750-234d

Best read through this carefully. The prohibition of carry in banks and churches does not apply to people who have a concealed carry license.

Apparently that page is incorrect. When I applied for my CPL they gave me the Michigan Firearms Law on a CD and it is this 249-page document:
https://www.legislature.mi.gov/Publications/Firearms.pdf

Thankfully the applicable section, 28.425o, is available as a separate excerpt:
http://www.legislature.mi.gov/(S(5c...eg.aspx?page=GetObject&objectname=mcl-28-425o
Anyway, it clearly does NOT allow me to carry in any of those listed places, church and church property. On the bright side, in case I forget and walk the dog at the church-owned assisted living the penalty is "a state civil infraction and may be fined not more than $500.00. The court shall order the individual's license to carry a concealed pistol suspended for 6 months" (Sec.50(6)(a)).

Also, I see no prohibition on carry in banks.
 
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This is from a Michigan State Police Legal Update newsletter from 2010, but I believe it is still current information:

https://www.michigan.gov/-/media/Pr...86_2.pdf?rev=385c3b75701f42659d7ce38716c049c3

Open carry of firearms

In Michigan, it is legal for a person to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed. You will not find a law that states it is legal to openly carry a firearm. It is legal because there is no Michigan law that prohibits it; however, Michigan law limits the premises on which a person may carry a firearm. MCL 750.234d provides that it is a 90 day misdemeanor to possess a firearm on the premises of any of the following:

* A depository financial institution (e.g., bank or credit union)
* A church or other place of religious worship
* A court
* A theater
* A sports arena
* A day care center
* A hospital
* An establishment licensed under the Liquor Control Code
The above section does not apply to any of the following:

* The owner or a person hired as security (if the firearm is possessed for the purpose of providing security)
* A peace officer
* A person with a valid concealed pistol license (CPL) issued by any state
* A person who possesses on one of the above listed premises with the permission of the owner or owner’s agent
Officers must be aware of the above exemption for valid CPL holders as many of the citizens who openly carry firearms possess valid CPLs. An individual with a valid CPL may carry a nonconcealed(sic) firearm in the above listed premises. A CPL holder is not required by law to carry a pistol concealed. A CPL holder may carry a pistol concealed or non-concealed.

Please note the above highlighted sentence that indicates that a CPL holder is legally allowed to open carry in the listed gun-free zones. I wouldn't try it, but it seems to be legal because of the way the Concealed Carry law 28.425o is written.

http://www.legislature.mi.gov/(S(r4...eg.aspx?page=GetObject&objectname=mcl-28-425o

Also, HB 4150 seeks to expand the list of gun-free zones to include all state owned or leased buildings (State Capitol, rest stops, etc.,) and to eliminate the exemption for CPL holders. This will eliminate the ability to carry, openly or concealed, in any of the listed gun-free zones.

https://www.legislature.mi.gov/documents/2023-2024/billintroduced/House/pdf/2023-HIB-4150.pdf

HB 4150 is currently in the House Judiciary Committee and is expected to proceed to the House floor.
 
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I think I have it figured out. Both sections 28.425o and 750.234d are in the 249-page document Firearms Laws of Michigan. After further studying Michigan State Police Legal Update #86 it seems that the listed prohibited places are not prohibited for open carry if you have a concealed carry permit, but are prohibited for concealed carry:

"As noted above, the unlawful premises listed in MCL 750.234d do not apply to persons with a valid CPL. Therefore, a person with a valid CPL may carry a non-concealed pistol in the areas described in MCL 28.425o and MCL 750.234d."

Confusing.
 
All of this may be rendered moot if they Democrats are able to pass the currently proposed carry bans, such as within 100' of a polling place or drop box up to 40 days before any election or during ballot counting, as well as within 1000' feet of state owned or leased land. That would effectively end the right to bear (carry) arms in MI. Since far left Democrats currently control the House, Senate, Attorney General, Governor, and Supreme Court in the state, there is little hope of blocking or repealing anything or getting a valid and upheld judicial ruling on the constitutionality of any of these measures within the state at the present time.
 
All of this may be rendered moot if they Democrats are able to pass the currently proposed carry bans, such as within 100' of a polling place or drop box up to 40 days before any election or during ballot counting, as well as within 1000' feet of state owned or leased land. That would effectively end the right to bear (carry) arms in MI. Since far left Democrats currently control the House, Senate, Attorney General, Governor, and Supreme Court in the state, there is little hope of blocking or repealing anything or getting a valid and upheld judicial ruling on the constitutionality of any of these measures within the state at the present time.
Sad but true. And the reason why my quest for a place away from the city is now extending to northern Indiana where the political climate seems to be way better than here in MI. I hate to bail on my fellow Michiganders, but at my age (65) I am not sure I will live long enough to see the state turn around. Maybe I am pessimistic, but buying 5-10 acres with a house is a big transaction and I want to be sure I am in a place I can enjoy it and not have a neighbor red flag me for having guns (that too seems to be coming in MI).
 
Sad but true. And the reason why my quest for a place away from the city is now extending to northern Indiana where the political climate seems to be way better than here in MI. I hate to bail on my fellow Michiganders, but at my age (65) I am not sure I will live long enough to see the state turn around. Maybe I am pessimistic, but buying 5-10 acres with a house is a big transaction and I want to be sure I am in a place I can enjoy it and not have a neighbor red flag me for having guns (that too seems to be coming in MI).

Good luck to you! I love MI, but politically it's in a very bad place at the moment.
 
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