Apr 14, 2023 | Blog, Your Rights
April 13, 2023
FOR IMMEDIATE RELEASE
April 13, 2023
Gov. Whitmer Signs Commonsense Gun Violence Prevention Legislation to Keep Michigan Communities Safe
Establishes universal background checks for all firearm purchases, safe storage requirements
LANSING, Mich– Today, Governor Gretchen Whitmer signed commonsense gun violence prevention bills that will establish universal background checks for all firearm purchases and safe storage requirements. In January, Governor Whitmer proposed this legislation during her State of the State address and has worked with the Michigan Legislature, community groups, law enforcement, students and parents following February’s shooting at Michigan State University and the shooting at Oxford High School in November 2021 to get these commonsense measures that will reduce gun violence signed into law.
“Today, we are turning our pain into purpose and honoring those we have lost with commonsense gun violence prevention legislation supported by a majority of Michiganders,” said Governor Whitmer. “Universal background checks and safe storage are long-overdue steps we are proud to take today that will save lives by keeping guns out of the hands of criminals and domestic abusers and children in the home. I want to thank my partners in the legislature for getting this done, the advocates who fought so hard to make this happen, and every Michigander impacted by gun violence who shared their stories. We will keep working together to prevent mass shootings, reduce gun violence, and save lives.”
“Every gun death is preventable, yet so many Michiganders, including me, have lost people they love to the senseless tragedy of gun violence,” said Lieutenant Governor Garlin Gilchrist II. “Today, we are taking action on commonsense reforms supported by a majority of Michiganders. Universal background checks and safe storage laws will save lives and help keep families and kids safe at home, in the streets, at school, and at work. These bills build on our ongoing investments in public safety and Operation Safe Neighborhoods to create safer communities where everyone can thrive. Governor Whitmer and I are committed to building on this progress and working with anyone to prevent gun violence.”
Governor Whitmer signed Senate Bills 79, 80, 81, and 82 and House Bills 4138 and 4142.
“The prevalence of gun violence is exhausting and frustrating, and for a very long time it felt like there was no hope for progress. But the thousands of Michigan voices calling for change never gave up, and today – in our first hundred days of the new majority – that call for change results in new laws that will make our state safer,” Senate Majority Leader Winnie Brinks (D-Grand Rapids) said. “We hope that these first steps become a blueprint for other states that have yet to find their path forward on gun violence prevention. Today’s bill signing is proof that when you bring first responders, students, parents, teachers, safety experts, and community leaders together to find common ground, you can save lives and build the better, safer future that Michiganders deserve.”
“Protecting children is our top priority,” said Speaker Joe Tate (D-Detroit). “As elected officials, it is our responsibility to do what we can to help keep our communities safe from gun violence. Requiring guns be safely stored in homes where a minor is present and implementing background checks for the purchase of all firearms are simple reforms that just make sense. Owning a firearm is both a right and a responsibility and we must be sure we are doing all we can to help keep kids safe and to stop the illegal sale of guns.”
Senate Bill 79, sponsored by state Senator Bayer (D- West Bloomfield), will protect children by requiring an individual to keep a firearm being stored or left unattended on a premises unloaded and locked with a locking device or stored in a locked box or container if it is reasonably known that a minor is or is likely to be present on the premises and establish a range of penalties for a violation. The bill will also require the Department of Health and Human Services to inform the public of the penalties, publish lethal means counseling literature, and provide that literature to federally licensed firearms dealers and revise the wording of a notice that a federally licensed firearms dealer must post on the premises where firearms are sold.
“Finally, there is a tiny stitch to begin healing my heart, broken from the Oxford school shootings, the MSU school shootings, and every injury or death from accidental shootings of or by children. Finally, we are doing our job, passing legislation, taking our first steps to manage this out-of-control gun violence situation in Michigan,” said state Senator Rosemary Bayer (D-West Bloomfield). “I’m grateful for the work of my colleagues on this issue for years, for my team and the policy team who have worked so hard to get it done, and to the Governor and her team for making it possible for these to become law. Let’s celebrate, and then get back to work on the next step!”
Senate Bill 80, sponsored by state Senator McDonald Rivet(D-Bay City) is the senator’s first public act. The legislation updates the state’s criminal code for safe storage of firearms for child access protection.
“I have devoted the bulk of my career to helping children and families thrive. We can’t thrive without feeling and being safe,” said state Senator McDonald Rivet (D-Bay City). “That’s why overwhelming majorities in Michigan, including gun owners, support the action we’re taking. This is about protecting our children and preventing tragedies from upending our communities. I’m proud to stand against special interests and stand up for kids and families.”
“Over half of all gun owners don’t store and lock their guns, which means millions of young children live in homes with unlocked and loaded firearms,” said state Representative Felicia Brabec (D-Pittsfield Township), chair of the Michigan Firearm Safety and Violence Prevention Caucus. “That’s why we’ve introduced bills that crate safe storage requirements for firearm owners with children in the home. By keeping guns properly stored, we can prevent even the potential misuse of those weapons by children. We have a chance and a responsibility to change the culture around keeping guns responsibly and securely stored. I have high hopes that these bills will not only encourage responsible gun ownership but that they will save Michiganders’ lives.”
Senate Bills 81 and 82, sponsored by state Senators Irwin and Hertel, lower the costs of firearm safety devices to ensure owners can safely store their guns, keeping them away from children and out of the hands of criminals.
“Firearm fatalities are currently the leading cause of death for young people in our nation,” said state Senator Kevin Hertel (D-St. Clair Shores). “As a father, I am proud of the steps our state is taking today to change that and build a safer future for all.”
House Bills 4138 and 4142, sponsored by state Representatives Churches and Carter, protect Michigan communities by closing loopholes in the law and expanding universal background checks to all firearms.
“It is our collective responsibility to keep students safe,” said state Representative Jaime Churches (D-Grosse Ile). “This legislation provides a foundation to help build a safer Michigan – so no student, no worshiper, no law enforcement officer – has to fear for their safety. As state representative for Downriver, I will advocate for reasonable, common-sense policies to protect our communities from gun violence.”
“Michigan has not been spared from our nation’s plague of gun violence,” said state Representative Brenda Carter (D-Pontiac). “For years now, the legislature in Michigan has been paralyzed to act. No more. I am proud to have the governor sign my bill as a part of the universal background check package and to be able to share in this great moment for our state.”
Quotes from Community Leaders
“This is a great day for Michiganders. The gun safety bills signed into law today will undoubtedly save lives and make the state of Michigan a safer place to live. No one should have to go about their lives and fear gun violence,” said former Congresswoman Gabby Giffords. “Today’s bill signing was a major step forward to stopping gun violence in Michigan. We thank Governor Whitmer, Speaker Tate, Leader Brinks, and all legislators who supported these important bills and the advocates who made this bill a reality.”
“This legislation is a commonsense approach to keeping children and communities safe,” said Marquette County Sherriff Gregory Zyburt. ” These bills will ensure those that do not qualify to purchase guns, don’t. I’m thankful to work alongside legislators to prevent gun violence and keep firearms out of the hands of individuals who intend to harm others.”
read more here
Feb 7, 2023 | Blog, Komorn Law Blog, News, USA news, Your Rights
The federal government’s justification for upholding the law is “concerning,” according to a federal judge, who ruled that the ban on marijuana users owning firearms is unconstitutional.
A man was charged in Oklahoma in 2022 after police found marijuana and a handgun in his car while he was driving, and the U.S. District Court for the Western District of Oklahoma dismissed the indictment on Friday.
Judge Patrick Wyrick concurred with the attorneys that the Second Amendment of the Constitution is violated by the law that forbids “unlawful” cannabis users from owning firearms.
This ruling comes as the ban is still being contested in a separate federal court by several medical cannabis patients and former Florida Agriculture Commissioner Nikki Fried (D).
The Trump-appointed judge in this case heavily relied on an interpretation of a recent Supreme Court decision in which the justices generally set higher standards for policies that seek to restrict gun rights.
According to the ruling, any such limitations must be in line with the Second Amendment’s original ratification in 1791.
The judge said in his decision on Friday that the historical analogies the Justice Department relied on to support the ban, including allusions to outdated case law prohibiting Catholics, allies, slaves and Indians from owning weapons, “misses the mark” and “cannot provide the basis for a historical analogue.”
The government’s position that marijuana users who use it illegally are “both unvirtuous and dangerous” was also addressed. A user of marijuana does not automatically fall into that category, according to Wyrick, “because the mere act of using marijuana do not involve violent, forceful, or threatening conduct.”
Similar arguments have been made by the government in the Florida-based case, in which medical cannabis patients are actively contesting a federal district court’s decision that dismissed their DOJ lawsuit in November.
Because the state’s cannabis laws had made it possible for “habitual marijuana users” and other disqualified people to obtain firearms illegally, the ATF issued an advisory in 2020 that specifically targeted Michigan and mandated that gun sellers conduct federal background checks on all unlicensed gun buyers.
The Department of Justice will likely appeal Wyrick’s ruling to a higher federal court.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense.
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DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
Jun 8, 2020 | Blog, News, Your Rights
Concealed Pistol License Requirements
An outline of requirements for those who want to obtain a Michigan Concealed Pistol License.
A. State Requirements
An applicant for a Michigan CPL must:
1. Be at least 21 years of age.
2. Be a citizen of the United States or an alien lawfully admitted into the United States.
3. Be a legal resident of Michigan and reside in Michigan for at least six months immediately prior to application. An applicant is a resident of Michigan if one of the following applies:
• The applicant possesses a valid, lawfully obtained Michigan driver’s license or official Michigan personal identification card.
• The applicant is lawfully registered to vote in Michigan.
• The applicant is on active duty status with the United States Armed Forces and is stationed outside of Michigan, but Michigan is the applicant’s home of record.
• The applicant is on active duty status with the United States Armed Forces and is permanently stationed in Michigan, but the applicant’s home of record is another state.
Note: The county clerk shall waive the six-month residency requirement if one of the following applies:
• For an emergency license, if the applicant is a petitioner for a personal protection order issued under MCL 600.2950 or MCL 600.2950a.
• For an emergency license, if the county sheriff determines that there is clear and convincing evidence to believe that the safety of the applicant or the safety of a member of the applicant’s family or household is endangered by the applicant’s inability to immediately obtain a license to carry a concealed pistol.
• For a new resident, if the applicant holds a valid concealed pistol license issued by another state at the time the applicant’s residency in this state is established
4. Have knowledge and training in the safe use and handling of a pistol by successfully completing an appropriate pistol safety training course or class.
5. Not be subject to an order or disposition for any of the following:
• Involuntary hospitalization or involuntary alternative treatment.
• Legal incapacitation.
• Personal protection order.
• Bond or conditional release prohibiting purchase or possession of a firearm.
• Finding of not guilty by reason of insanity.
6. Not be prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under MCL 750.224f.
7. Have never been convicted of a felony in Michigan or elsewhere, and a felony charge against the applicant is not pending in Michigan or elsewhere at the time he or she applies for a CPL.
8. Have not been dishonorably discharged from the United States Armed Forces.
9. Have not been convicted of a misdemeanor violation of any of the following in the eight years immediately preceding the date of the application and a charge for a misdemeanor violation of any of the following is not pending against the applicant in this state or elsewhere at the time he or she applies for a CPL:
• MCL 257.617a, failing to stop when involved in a personal injury accident
• MCL 257.625, operating while intoxicated or with any presence of a Schedule 1 controlled substance or cocaine, punishable as a second offense under, MCL 257.625(9)(b)
• MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable as a second offense under MCL 257.625m(4)
• MCL 257.626, reckless driving
• MCL 257.904(1), operating while license suspended/revoked/denied or never applied for a license, punishable as a second or subsequent offense
• MCL 259.185, operating an aircraft while under the influence of intoxicating liquor or a controlled substance with prior conviction
• MCL 290.629, hindering or obstructing certain persons performing official weights and measures duties
• MCL 290.650, hindering, obstructing, assaulting, or committing bodily injury upon director of the Department of Agriculture or authorized representative of the director
• MCL 324.80176, operating a vessel under the influence of intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, punishable as a second or subsequent offense under MCL 324.80177(1)(b)
• MCL 324.81134, operating an off-road vehicle (ORV) under the influence of alcoholic liquor or a controlled substance or with an unlawful alcohol content, punishable as a second or subsequent offense under MCL 324.81134(8)(b)
• MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, or with an unlawful blood alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine, punishable as a second or subsequent offense under MCL 324.82128(1)(b) MCL 333.7403, possessing a controlled substance, controlled substance analogue, or prescription form
• MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, or while visibly impaired, punishable as a second offense under MCL 462.353(4)
• MCL 722.677, displaying sexually explicit matter to minors
• MCL 750.81, assault or domestic assault
• MCL 750.81a(1) or (2), aggravated assault or aggravated domestic assault
• MCL 750.115, breaking and entering or entering without breaking
• MCL 750.136b(7), fourth-degree child abuse
• MCL 750.145n, vulnerable adult abuse
• MCL 750.157b(3)(b), solicitation to commit a felony
• MCL 750.215, impersonating a peace officer or medical examiner
• MCL 750.223, illegal sale of a firearm or ammunition
• MCL 750.224d, illegal use or sale of a self-defense spray or foam device
• MCL 750.226a, sale or possession of a switchblade
• MCL 750.227c, improper transporting or possessing a loaded firearm in or upon a vehicle
• MCL 750.229, pawnbroker accepting a pistol in pawn, or any second-hand or junk dealer accepting a pistol and offering or displaying it for resale
• MCL 750.232, failure to register the purchase of a firearm or a firearm component
• MCL 750.232a, improperly obtaining a pistol, making a false statement on an application to purchase a pistol, or using or attempting to use false identification of another to purchase a pistol
• MCL 750.233, intentionally pointing or aiming a firearm without malice
• MCL 750.234, discharging a firearm while intentionally aimed without malice
• MCL 750.234d, possessing a firearm on prohibited premises
• MCL 750.234e, brandishing a firearm in public
• MCL 750.234f, possession of a firearm in public by an individual less than 18 years of age
• MCL 750.235, discharging a firearm pointed or aimed intentionally without malice causing injury
• MCL 750.235a, parent of a minor who violates the Firearms Chapter of the Michigan Penal Code in a weapon-free school zone
• MCL 750.236, setting a spring or other gun, or any trap or device
• MCL 750.237, carrying, possessing, using, or discharging a firearm while under the influence of alcoholic liquor or a controlled substance, while having an unlawful alcohol content, or while visibly impaired
• MCL 750.237a, weapon-free school zone violation
• MCL 750.335a, indecent exposure
• MCL 750.411h, stalking
• MCL 750.520e, fourth-degree criminal sexual conduct
• Former MCL 750.228, failure to have a pistol inspected
• MCL 752.861, careless, reckless, or negligent use of a firearm resulting in injury or death
• MCL 752.862, careless, reckless, or negligent use of a firearm resulting in property damage
• MCL 752.863a, reckless discharge of a firearm
• A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above
10. Have not been convicted of a misdemeanor violation of any of the following in the three years immediately preceding the date of application and a charge for a misdemeanor violation of any of the following is not pending against the applicant in this state or elsewhere at the time he or she applies for a license:
• MCL 257.625, operating while intoxicated, visibly impaired, under 21 years of age with any bodily alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine
• MCL 257.625a, refusal of commercial motor vehicle operator to submit to a preliminary chemical breath test
• MCL 257.625k, ignition interlock device reporting violation
• MCL 257.625l, circumventing or tampering with an ignition interlocking device
• MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable under MCL 257.625m(3)
• MCL 259.185, operating an aircraft under the influence of intoxicating liquor or a controlled substance
• MCL 324.81134, operating an ORV under the influence of alcoholic liquor or a controlled substance, with an unlawful alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired
• MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, with an unlawful blood alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired
• MCL 333.7401 to 333.7461, controlled substance violation
• MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, while visibly impaired, or with an unlawful alcohol content, punishable under MCL 462.353(3)
• MCL 750.167, disorderly person
• MCL 750.174, embezzlement
• MCL 750.218, false pretenses with intent to defraud or cheat
• MCL 750.356, larceny
• MCL 750.356d, second or third degree retail fraud
• MCL 750.359, larceny from vacant structure or building
• MCL 750.362, larceny by conversion
• MCL 750.362a, refuse or neglect to return vehicle, trailer, or other tangible property delivered on a rental or lease basis with intent to defraud the lessor
• MCL 750.377a, malicious destruction of personal property
• MCL 750.380, malicious destruction of real property
• MCL 750.535, buying, receiving, possessing, concealing, or aiding in the concealment of stolen, embezzled, or converted property
• MCL 750.540e, malicious use of service provided by telecommunications service provider
• A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above
11. Have not been found guilty but mentally ill of any crime, and has not offered a plea of not guilty of, or been acquitted of, any crime by reason of insanity.
12. Is not currently and has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.
13. Not have a diagnosed mental illness at the time the application is made that includes an assessment that the individual presents a danger to himself or herself or to another, regardless of whether he or she is receiving treatment for that illness.
14. Not be under a court order of legal incapacity in this state or elsewhere.
15. The applicant has a valid state-issued driver’s license or personal identification card.
B. Federal Requirements
Pursuant to MCL 28.426, a CPL may not be issued to a person prohibited under federal law from possessing or transporting a firearm as determined through the federal National Instant Criminal Background Check System (NICS). Questions regarding the NICS check should be directed to the Federal Bureau of Investigation (FBI) NICS Section at 1-(877) FBI-NICS (877-324-6427).
Concealed Pistol License Requirements
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DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
Feb 14, 2020 | Blog, Criminal Defense, Michigan Laws, Your Rights
Michigan is an open carry state. There is no law that says it is illegal to do so.
The Michigan State Police legal update describes Michigan’s open carry law as follows:
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.
Prohibited premises:
- Schools or school property but may carry while in a vehicle on school property while dropping off or picking up if a parent or legal guardian
- Public or private day care center, public or private child caring agency, or public or private child placing agency.
- Sports arena or stadium
- A tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises
- 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
- An entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more
- A hospital
- A dormitory or classroom of a community college, college, or university
- A Casino
Anyone with a concealed pistol license (CPL) may carry a non-concealed firearm in the above listed premises. And it’s important to note a CPL holder is not required by law to carry a pistol concealed. A CPL holder may carry a pistol concealed or non-concealed.
Private Property
A private property owner has the right to prohibit individuals from carrying firearms on his or her property, whether concealed or otherwise, and regardless of whether the person is a CPL holder.
If a person remains on the property after being told to leave by the owner, the person may be charged with trespassing.
Schools
Michigan schools are allowed to make their own rules about guns. The Michigan Court of Appeals ruled school districts are allowed to ban guns from their buildings and ask anyone with a gun to leave. Trespassing charges can be pursued if the person does not leave the school when asked.
M I C H I G A N S T A T E P O L I C E
LEGAL UPDATE
O C T O B E R 2 6 , 2 0 1 0
FIREARMS LAW
As more and more police officers are encountering citizens who are openly carrying firearms in Michigan, the Michigan State Police offers this special edition of the Update to assist officers in familiarizing themselves with Michigan laws regarding both open and concealed carrying of firearms.
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 non-concealed 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.
A private property owner has the right to prohibit individuals from carrying firearms on his or her property, whether concealed or otherwise, and regardless of whether the person is a CPL holder.
If a person remains on the property after being told to leave by the owner, the person may be charged with trespassing (MCL 750.552).
MCL 750.226 states it is a felony for a person to carry a dangerous weapon, including a firearm, with the intent to use the weapon unlawfully against another person.
Possession of firearms in public by a minor is addressed in MCL 750.234f.
Brandishing firearms
MCL 750.234e provides that it is a 90-day misdemeanor for a person to knowingly brandish a firearm in public. Brandishing is not defined in
Michigan law and there are no reported Michigan cases that define the term.
Attorney General Opinion No. 7101 provides guidance and states, “A person when carrying a handgun in a holster in plain view is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm….”
In the absence of any reported Michigan appellate court decisions defining “brandishing,” it is appropriate to rely upon dictionary definitions. People v Denio, 454 Mich 691, 699; 564 NW2d 13 (1997). According to The American Heritage Dictionary, Second College Edition (1982), at p 204, the term brandishing is defined as: “1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. –n. A menacing or defiant wave or flourish.” This definition comports with the meaning ascribed to this term by courts of other jurisdictions. For example, in United States v Moerman, 233 F3d 379, 380 (CA 6, 2000), the court recognized that in federal sentencing guidelines, “brandishing” a weapon is defined to mean “that the weapon was pointed or waved about, or displayed in a threatening manner.”
Transporting firearms
Michigan law details how firearms may be transported in a vehicle. MCL 750.227c and MCL 750.227d discuss the transportation of firearms, other than pistols, in vehicles. MCL 750.227(2) makes it a felony for a person to transport a pistol anywhere in a vehicle unless the person is licensed to carry a concealed pistol.
Exceptions to the above statute are found in MCL 750.231a.
One such exception allows for transportation of pistols in a vehicle for a “lawful purpose.”
A lawful purpose includes going to or from any one of the following:
- A hunting or target area
- A place of repair
- Moving goods from a home or business to another home or business
- A law enforcement agency (for a safety inspection or to turn the pistol over to the agency)
- A gun show or place of sale or purchase
- A public shooting facility
- Public land where shooting is legal
- Private property where a pistol may be lawfully
- used.
MCL 750.231a also provides that a pistol transported for a “lawful purpose” by a person not licensed to carry a concealed pistol must be all of the following:
- Unloaded
- In a closed case designed for firearms
- In the trunk (or if the vehicle has no trunk, it must not be readily accessible to the occupants)
There is no way to “open carry” a pistol in a vehicle. An individual, without a CPL or otherwise exempted (e.g., a police officer), who transports a pistol in a vehicle to an area where he or she intends to “open carry” may be in violation of MCL 750.227.
Carrying concealed weapons
MCL 750.227 also makes it a felony for a person to carry a concealed pistol on or about his or her person unless the person is exempt under MCL
750.231 or MCL 750.231a.
Complete invisibility is not required.
The carrying of a pistol in a holster or belt outside the clothing is not carrying a concealed weapon.
Carrying a pistol under a coat is carrying a concealed weapon.
Op. Atty. Gen. 1945, O-3158. According to the Court of Appeals in People v. Reynolds, a weapon is concealed if it is not observed by those casually
observing the suspect as people do in the ordinary course and usual associations of life. 38 Mich App. 159 (1970).
Firearms Act
MCL 28.422 provides that a person shall not purchase, carry, possess, or transport a pistol in Michigan without first having obtained a License
to Purchase and registering the pistol.
The statute contains exemptions for certain persons and additional exemptions are located in MCL 28.422a and in MCL 28.432.
A person with a valid Michigan CPL does not have to obtain a License to Purchase; however, he or she still has to register the pistol after he or she purchases or otherwise acquires it using a Pistol Sales Record (MCL 28.422a). Violation is a state civil infraction.
Gun Belongs To Another Person?
Additionally, a person with a valid CPL can carry, possess, use, or
transport a properly registered pistol belonging to another (MCL 28.432).
Gun Records
Pistol buyers are required to have in their possession their copy of the License to Purchase or Pistol Sales Record when carrying, using, possessing, and transporting the pistol for 30 days after they acquire the pistol. These
records are commonly referred to as Registration Certificates or Green Cards.
Officers are reminded that after 30 days, there is no requirement to have either record in their possession or to keep either record.
CPL (Where It Get Confusing)
MCL 28.425o provides that a person with a valid CPL shall not carry a concealed pistol in a pistol free zone.
The following is a list of the premises (excluding parking lots) included in the statute:
First offense is a state civil infraction.
- School or school property, except a parent or legal guardian who is dropping off or picking up a child and the pistol is kept in the vehicle
- Public or private day care center
- Sports arena or stadium
- A bar or tavern where sale and consumption of liquor by the glass is the primary source of income (does not apply to owner or employee of the business).
- Any property or facility owned or operated by a
- church, synagogue, mosque, temple, or other
- place of worship, unless authorized by the presiding official
- An entertainment facility that has a seating capacity of 2,500 or more
- A hospital
- A dormitory or classroom of a community college, college, or university
- A casino (R 432.1212, MCL 432.202)
Note, the above statute applies to CPL holders carrying a concealed pistol. If the CPL holder is carrying a non-concealed pistol, the statute does not apply. 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.
Additionally, the above listed pistol-free zones for CPL holders do not apply to the following individuals when they are licensed to carry a concealed weapon:
- Retired police officers
- Persons employed or contracted by a listed entity to provide security where carrying a concealed pistol is a term of employment
- Licensed private detectives or investigators
- Sheriff’s department corrections officers
- State police motor carrier officers or capital security officers
- Members of a sheriff’s posse
- Auxiliary or reserve officers of a police or sheriff’s department
- Parole or probation officers of the department of corrections
- Current or retired state court judges
Out-of-state residents
Non-residents may legally possess a firearm more than 30 inches in length in Michigan.
In order for a non-resident to possess a pistol in Michigan, he or she must either be licensed to carry a concealed pistol or be licensed by his or
her state of residence to purchase, carry, or transport a pistol.
The ownership of property in Michigan does not qualify a non-resident to
possess a pistol in Michigan.
Non-resident concealed pistol possession.
MCL 750.231a makes it legal for a non-resident of Michigan with a valid CPL issued by his or her state of residence to carry a concealed pistol in Michigan as long as the pistol is carried in conformance with any and all restrictions appearing on the license.
Individuals with out of state CPLs are subject to Michigan laws that
govern Michigan CPL holders. As many states issue CPLs to out of state residents, officers should verify that the person actually resides in
the state that issued the license.
If the person does not reside in the state that issued the license, Michigan does not recognize the CPL and the person may not carry a concealed pistol
in Michigan.
Possession of pistols by non-residents
MCL 28.432 makes it legal for non-residents of Michigan who hold valid CPLs issued by another state to possess a non-concealed pistol in
Michigan without complying with Michigan’s pistol registration requirements.
Additionally, MCL 28.422 exempts residents of other states from Michigan’s pistol registration requirements therefore, allowing them to possess a pistol in Michigan, if all of the following requirements are met:
- The person is licensed by his or her state of residence to purchase, transport, or carry a pistol,
- The person is in possession of the license while in Michigan,
- The person owns the pistol possessed in Michigan,
- The person possesses the pistol for a lawful purpose as defined in MCL 750.231a, and
- The person is in Michigan less than 180 days and does not intend to establish residency here.
A non-resident must present the license issued by his or her state of residence to a police officer upon demand. Failure to do so is a 90-day
misdemeanor.
When transporting a firearm in Michigan, non-residents must transport pistols in compliance with MCL 750.231a (discussed above in the Transporting Firearms section), unless they have a concealed pistol license
issued by their state of residence.
Officers are reminded that the Fourth Amendment protects citizens from unreasonable searches and seizures.
Carrying a nonconcealed firearm is generally legal.
Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot.
For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol.
Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation.
Here is the link to the Michigan State Police Legal Update from where the information was obtained. Please Note: Laws change so please consult an attorney for any legal questions.
Jan 3, 2020 | Blog, News, Your Rights
You Won’t Lose Your Gun Just For Smoking Recreational Marijuana – In Illinois. 11,000 marijuana conviction expungements on 2020 new years day – In Illinois. One database fills while another “empties”.
Rumors that Illinois gun owners will lose their firearms if they use cannabis under the state’s new legalization mandate are false.
That’s according to multiple authorities after major news outlets published stories claiming gun owners who purchase adult-use cannabis in Illinois would be placed into a database banning them from buying firearms.
The Illinois State Police said Dec. 31 it will not revoke Firearm Owner Identification Cards based solely on someone’s marijuana usage.
Illinois State Rifle Association lobbyist Ed Sullivan said cannabis dispensaries cannot share identifying information with law enforcement agencies unless the customer authorizes it.
But Sullivan notes the federal government still considers marijuana a Schedule I narcotic.
He said this allows the federal Bureau of Alcohol, Tobacco, and Firearms (ATF) to obtain the records of medical cannabis users and potentially restrict their ability to buy guns from Federal Firearms License (FFL) dealers.
“If you intend to use cannabis and own a firearm taking the recreational cannabis route has less potential, detrimental effects on your 2nd Amendment rights than the medical cannabis route,” Sullivan said.
What about Michigan… Is anybody out there? Hello?…………………..What about Michigan?
Read the Rest of the Story Here
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