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MI law?

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

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  1. USAF_Vet

    USAF_Vet Member

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    So is the no OC law the reason you get perp walked to the door if you buy a firearm at Wal-mart? :).
     
  2. HOWARD J

    HOWARD J Member

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    In Gladwin area where I go hunting
    You may NOT carry any type of weapon into a bar.....
    during hunting season.
    A knife is a weapon.

    I didn't know--I don't drink

    This includes any place that sells open bottle beer or booze by the glass

    This is where the criminals do their Christmas shopping.
     
    Last edited: Nov 12, 2012
  3. smalls

    smalls Member

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    Legally you can, Howard. The bars may ask you to leave, though.
     
  4. HOWARD J

    HOWARD J Member

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    I said Gladwin---- not Macomb
    Up there you will leave with the sheriff---I saw it happen
     
  5. smalls

    smalls Member

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    It's still legal, in any county. It's state law. And we have preemption.
     
  6. HOWARD J

    HOWARD J Member

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    You can have what you want-----BUT pay attention to the sign on the outside door of the bar
     
  7. smalls

    smalls Member

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    What sign?
     
  8. Jotun25

    Jotun25 Member

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    So I could go to the local nature preserve with my glock 21 holstered on my hip as long as its not hidden by a coat and not be breaking the law?
     
  9. smalls

    smalls Member

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    You mean open carry it? You can open carry anywhere besides the places we've covered in this thread , unless you have a CPL.
     
  10. HOWARD J

    HOWARD J Member

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    @ smalls
    Do you have a telephone????
    Call the sheriff where you hunt & ask about bar carry or don't you hunt
     
  11. smalls

    smalls Member

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    I don't care what the sherriff says. If he arrests you, sue.

    Just because he has a badge and cuffs does not mean he is right, or that he can arrest you for any ol' reason he would like.
     
  12. HOWARD J

    HOWARD J Member

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    You didn't call the sheriff--- did you ???
     
  13. smalls

    smalls Member

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    Why would I? Like I said, he can say whatever he likes. Cops are notoriously uninformed in carry laws.
     
  14. andrewstorm

    andrewstorm member

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    land of the free,because of the brave
    in michigan cops,gunshop owners,ect, play dumb and.deny rights.

    In michigan antis are everywhere,even in your local gunshop
     
  15. HOWARD J

    HOWARD J Member

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    During hunting season or any season I don't think it would be a very good thing to have 100/150 people armed with gun & knife drinking in a bar---the local sheriffs don't think so either. Allowing this would be very dangerous.
    That is why they don't allow it.
     
  16. smalls

    smalls Member

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    You're not allowed to have over .02 BAC (or the one source says .08 if carrying openly). If you are over the limit, then you are breaking the law.

    If you're not drinking, then you may openly carry your firearm into the bar, provided you are a CPL holder.

    That is the law in Michigan. Tell your sherriff to stop making his own up.
     
  17. HOWARD J

    HOWARD J Member

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    That is the law correct
    You will be escorted out with permission of owner in about 30 seconds.
    Have you ever been in a bar in MI during hunting season packing an exposed weapon ?? A crowded bar ??

    For some reason you don't sound like a deer hunter
     
  18. smalls

    smalls Member

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    They are welcome to ask you to leave, and if they do, you must leave.

    But what you said was:

    Which is NOT what the law says.
     
  19. HOWARD J

    HOWARD J Member

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    You are not a hunter are you
    why carry when you know you will be kicked out.

    Are you a member of OPEN CARRY< INC ?
     
  20. smalls

    smalls Member

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    I am not a hunter (which has nothing to do with carrying into a bar or not), nor am I part of any open carry organization. I do advocate open carrying, as do I advocate obeying laws and exercising rights.

    Not all bars in the whole state are going to kick you out. This is the legal section, discussing laws and how they apply to firearms.
     
  21. HOWARD J

    HOWARD J Member

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    Do you enjoy explaning the state police memo on open carry when some cop
    stops to talk to you about your open carry---i'll bet you do
    Have fun----get yourself a rifle & go hunting some year---you might even enjoy going into a bar without a gun.
    Take care
     
  22. andrewstorm

    andrewstorm member

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    howie chill

    at our little lake in the woods our resturant/grill be lives in the rkba and everybodys welcome,small,were does it state to open carry in a bar you must have a cpl?
     
    Last edited: Nov 19, 2012
  23. NavyLCDR

    NavyLCDR member

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    The last time I checked it wasn't up to the sheriff to decide what is "allowed" or "not allowed". The sheriff's job is to enforce the law, nothing more.

    Now if we could keep this thread on the topic of what the LAW allows or doesn't allow rather than personal opinions....

    http://www.legislature.mi.gov/documents/publications/firearms.pdf

    28.422 License to purchase, carry, possess, or transport pistol; issuance; qualifications;
    applications; sale of pistol; exemptions; nonresidents; basic pistol safety brochure;
    forging application; implementation during business hours.

    Sec. 2. (1) Except as otherwise provided in this section, a person shall not purchase, carry, possess, or
    transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.
     
    Last edited: Nov 19, 2012
  24. F-111 John

    F-111 John Member

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    That's not a CPL, NavyLCDR, that's pistol registration.

    Andrewstorm, the answer was in my previous post #18 with the pertinent sections underlined.

    It is a two step process to get to open carry in a bar requires a CPL.

    Step 1: Possession of a firearm in any establishment licenced under the Michigan Liquor Control Act is prohibited, but does not apply to CPL holders.

    Step 2: Concealed carry is prohibited by CPL holders in establishments that primarily make their income from selling liquor by the glass for consumption on the premesis. The law is silent on open carry by CPL holders, making open carry legal.
     
  25. smalls

    smalls Member

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    And here is the AG's translation of said exemptions:

    Opinion No. 7097 January 11, 2002… A person licensed by this state… to carry a concealed weapon….By its express terms, section 234d prohibits certain persons from carrying a firearm in the enumerated places but explicitly exempts from its prohibition “[a] person licensed by this state or another state to carry a concealed weapon.” Thus, any person licensed to carry a concealed pistol, including a private investigator, is exempt from the gun-free zone restrictions imposed by section 234d of the Penal Code and may therefore possess firearms while on the types of premises listed in that statute.

    “Your analysis is correct. Non-CPL pistol free zones do not apply to CPL holders. The CPL pistol free zones only apply to CPL holders carrying a concealed pistol. Therefore, a CPL holder may openly carry a pistol in Michigan's pistol free zones.”
     
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