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MI law?

Discussion in 'Legal' started by ontarget, Nov 8, 2012.

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  1. ontarget

    ontarget Member

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    Does anyone know if MI is an open carry state? And where would I find a good resource for the MI firearms laws?
     
  2. USAF_Vet

    USAF_Vet Member

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    Yes, Michigan is an open carry state. www.Handgunlaw.us is a pretty great resource.
     
  3. creitzel

    creitzel Member

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    Yes Michigan is an open carry state, but be aware that if you enter a vehicle, you will be considered carrying concealed.

    The source that USAF_vet gave you is a good one. Also, the Michigan state police site is pretty good at posting firearms related information. Here'sa link:

    http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654---,00.html
     
  4. hermannr

    hermannr Member

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    MI is an OC state. Best source for OC information is www.opencarry.org. They have state specific information, a good general forum, and state specific forums for each state.

    Best source for general concealed carry is www.handgunlaw.us
     
    Last edited: Nov 9, 2012
  5. Clipper

    Clipper Member

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    You must also have a CPL to carry in any place with a liquor license, like package stores, stop-n-robs and stores like wally world that sell beer & wine.
     
  6. USAF_Vet

    USAF_Vet Member

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    Source on this? Because I have not read anything in Michigan law that reads this way, and I have OC'd in just about every one of the places you just mentioned and got not as much as a second look. It's legal to open carry in a bar, pub or tavern, but not Wal-Mart?

    Please check your facts and cite a source before posting.
     
  7. Lizard1911

    Lizard1911 Member

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    USAVet: I'm pretty certain you may ONLY open carry in a bar or tavern, ONLY if you have a CPL. There are two separate codes that interplay here..
    One may not conceal in those places listed as prohibited, but with a cpl, one may open carry. I can look up MCL's if you need me too. Also check out
    MSP Legal Update page.
     
  8. USAF_Vet

    USAF_Vet Member

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    Lizard, you are correct. You can OC with a CPL in otherwise prohibited areas. But the gas station, liquor store, grocery store, etc are not prohibited, and one can OC without a permit in any one of those locations.
     
  9. Zane

    Zane Member

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  10. Ragnar Danneskjold

    Ragnar Danneskjold Member

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    I've always thought that was funny how the two laws played out in tandem. A CPL holder is barred from carrying concealed in pistol free zones. But due to open carry laws and being licensed by the state, you can open carry in most "pistol free zones"...if you have a CPL.

    I'm pretty sure none of that was intended when they wrote the law, but due to the way they worded it, that's the way it works out.

    Of course it would be a hell of a lot simpler if they just let adults carry how and wherever they want and just prosecuted people for actually committing crimes.
     
  11. hermannr

    hermannr Member

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    Montana has somewhat similar...you cannot CC into a restaraunt that serves, or bar, but you can OC. If you need a CHL, or not. depends on where the restaraunt or bar is (town wise).
     
  12. smalls

    smalls Member

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    No, you may not carry concealed in a "bar or tavern which derives most of its sales from alcohol sold for consumption on the premise".

    You may carry openly, but must be a CPL holder. Walmart, or your corner liquor store do not sell any booze for consumption on the premises, let alone most of their sales.
     
  13. F-111 John

    F-111 John Member

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    Any place that sells beer and wine is licensed by the liquor control board, and without a CPL is designated a gun-free zone. With a CPL, you may carry concealed or open, but must only carry open in bars and taverns.

    Citation: Michigan 28-425o:

    As to the OP's question, here is a guideline written by the Michigan State Police to familiarize officers with open carry in Michigan:

    http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf
     
    Last edited: Nov 10, 2012
  14. Clipper

    Clipper Member

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    See the link posted in post 9. There are two laws in play here, and both apply. You go into Wally World OCing without a CPL, and some cop is feeling froggy, and you'll be making a trip to jail.

    I've been OCing (with CPL) for about 4 years+ and have made it my business to know the law backwards and forwards. You should visit www.migunowners.org and post your questions on the legal beagle forum, where you can get the real skinny from real lawyers who specialize in gun law...
     
  15. F-111 John

    F-111 John Member

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    I see where I was in error. My post has been edited to remove incorrect information, and thank you Clipper for the correction.
     
  16. smalls

    smalls Member

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    Thanks for pointing that out, Clipper. I've never seen or heard that mentioned anywhere before.
     
  17. Ragnar Danneskjold

    Ragnar Danneskjold Member

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    Perhaps, but not legally. That would be an illegal arrest.
     
  18. F-111 John

    F-111 John Member

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    No, it would be a very legal arrest, if the Wally World store were licensed to sell beer or wine. As Clipper pointed out, the statute that Zane linked to in post 9 says:

    In Michigan, Open Carry is prohibited in any store that sells beer, wine, or liquor unless the person has a CPL. Then the person may carry open or concealed, except concealed carry is not allowed in bars or taverns that earn most of their income from the sale of liquor by the glass for consumption on the premesis.
     
    Last edited: Nov 11, 2012
  19. HOWARD J

    HOWARD J Member

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    When you are rifle deer hunting in MI during deer season Nov 15-30
    Do you find that some bars will not allow any kind of carry ?????

    Also---can you drink in the bar when you open carry ?????
     
  20. Havok7416
    • Contributing Member

    Havok7416 Member

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    You can't drink while carrying in Michigan although I don't have any specific sources available to back that up.
     
  21. F-111 John

    F-111 John Member

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    Concealed carry is prohibited with a blood alcohol level of .02 or greater. Open carry is a bit more fuzzy. The statute:

    So possession is prohibited with a BAC of .08, if you are "under the influence," or if you are "visibly impaired."

    Can anyone weigh in on the definition of "under the influence" or "visibly impaired" as it applies to possession of a firearm?

    Edit: If you have a CPL, you may have your firearm locked in the trunk or in a locked container in your vehicle, separate from the ammunition, with a BAC above .02.
     
  22. HOWARD J

    HOWARD J Member

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    Smelling the cork should get you .02
     
  23. Hit_Factor

    Hit_Factor Member

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    Thats not true and impossible. Depending on how quickly consumed and the body weight if the individual it might take 1 or two drinks.

    If one must drink while CCing I highly recommend the selection of soft drinks only.
     
  24. smalls

    smalls Member

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    I think he was joking.
     
  25. HOWARD J

    HOWARD J Member

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    I called a couple bars up north where I used to hunt---both closed.
    I want to find out if any weapons are allowed in the bar during hunting season
    rifle deer
     
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