Before you begin, there are a few things you should keep in mind.
The information contained on this page is not legal advice but is merely a starting point for your own research. It is up to you to decide what the best course of action is for your circumstances. We are not lawyers, if you'd like individualized legal advice, we'd be happy to refer you to some law practices with known firearm specializations. It is crucial that you understand the law before you carry a firearm.
Also, remember that just because a statute may clearly say one thing or another, that doesn't mean all members of law enforcement know it. That also goes for lawyers and even judges too. MOC is constantly working on enforcing and strengthening proper interpretations, while stamping down bad ones. If you would like to help with these efforts please consider donating to our legal fund.
Acronyms:
CPL = Concealed Pistol License
GFZ = Gun Free Zone (Pistols and Long Guns)
CPFZ = Concealed Pistol Free Zone
WFSZ = Weapons Free School Zone
MSP = Michigan State Police
MCL = Michigan Compiled Laws
FFL = Federal Firearms Licensed Dealer
- I'm new to Open Carry and I do not have a CPL. Can you give me some thoughts on how to get started with Open Carry?
- What are the prohibited places if I don't have a CPL?
- What are the prohibited places for CPL holders carrying a concealed pistol?
- I heard you can Open Carry in a CPFZ listed in MCL 28.425o if you have a CPL, is this correct?
- I've heard open carry is brandishing, is this true?
- I've heard that once you get your CPL you can no longer Open Carry, is this true?
- Do "No Gun" signs on private property have the force of law in Michigan?
- I don't have a Concealed Pistol License (CPL).; Can I carry in/on a ________? (fill it in: Motorcycle, bicycle, tricycle, big wheel, 4-wheeler, snow mobile, city bus, cab, car)
- Can I carry on Federal Property?
- Can I openly carry a pistol owned by someone else?
- Can I open carry with an inside the waistband/inside the pants (IWB) holster?
- I want to talk to a lawyer. Can you refer me to one?
- I live in the City of ________. The City has an ordinance prohibiting the possession of firearms in public. Can they do that?
- I don't have a CPL. Can I open carry at ________? (Insert: Meijers, Walmart, Kroger, or your favorite grocery store/place that sells liquor/beer/wine)
- I don't live in Michigan. Can I open carry in Michigan?
- What is the legal BAC (Blood Alcohol Content) limit for carrying?
- Can I open carry with a round in the chamber.
- I am a passenger in a vehicle that is stopped by a Law Enforcement Officer (LEO), I have a CPL and I am carrying. Am I required to disclose per MCL 28.425f?
- What is a "Pistol Free Zone" (PFZ)?
- Can I Open Carry in a drop leg holster or a shoulder rig?
- Under Michigan law, what is considered a pistol?
- What is the process for buying a pistol?
1. I'm new to Open Carry and I do not have a CPL. Can you give me some thoughts on how to get started with Open Carry?
We have a guide on how to get started with Open Carry in Michigan if you do not have a CPL.
2. What are the prohibited places if I don't have a CPL?
MCL 750.234d governs Gun Free Zones (GFZ), and MCL 750.237a governs Weapons Free School Zones (WFSZ) for those that don't have a CPL (or one of the other exemptions). MCL 750.234d states the following (full text in link above):
(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.
MCL 750.237a (4) works in essentially the exact same manner as above, but only applies to schools and school property. It also contains a nearly identical list of exemptions in subsection (5). See the link above for the full text.
Note: Neither MCL 750.234d nor MCL 750.237a contain an exemption for parking lots.
3. What are the prohibited places for CPL holders carrying a concealed pistol?
MCL 28.425o specifies concealed pistol free zones (CPFZs) for those who have a CPL. It states (full text available in link):
(1) Subject to subsection (5), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(h), shall not carry a concealed pistol on the premises of any of the following:
(a) A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the child from the school. As used in this section, "school" and "school property" mean those terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
...
(b) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.
(c) A sports arena or stadium.
(d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but is not required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(e) Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.
(f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.
(g) A hospital.
(h) A dormitory or classroom of a community college, college, or university.
(4) As used in subsection (1), "premises" does not include parking areas of the places identified under subsection (1).(5) Subsections (1) and (2) do not apply to any of the following:
(a) An individual licensed under this act who is a retired police officer, retired law enforcement officer, or retired federal law enforcement officer.
(b) An individual who is licensed under this act and who is employed or contracted by an entity described under subsection (1) to provide security services and is required by his or her employer or the terms of a contract to carry a concealed firearm on the premises of the employing or contracting entity.
(c) An individual who is licensed as a private investigator or private detective under the professional investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851.
(d) An individual who is licensed under this act and who is a corrections officer of a county sheriff's department or who is licensed under this act and is a retired corrections officer of a county sheriff's department, if that individual has received county sheriff approved weapons training.
(e) An individual who is licensed under this act and who is a motor carrier officer or capitol security officer of the department of state police.
(f) An individual who is licensed under this act and who is a member of a sheriff's posse.
(g) An individual who is licensed under this act and who is an auxiliary officer or reserve officer of a police or sheriff's department.
(h) An individual who is licensed under this act and who is any of the following:
(i) A parole, probation, or corrections officer, or absconder recovery unit member, of the department of corrections, if that individual has obtained a Michigan department of corrections weapons permit.
(ii) A retired parole, probation, or corrections officer, or retired absconder recovery unit member, of the department of corrections, if that individual has obtained a Michigan department of corrections weapons permit.
(i) A state court judge or state court retired judge who is licensed under this act.
(j) An individual who is licensed under this act and who is a court officer.
Note: MOC believes subsection (5) is a list of "carve outs" for special politically connected groups whose lives have been deemed to mean more. The rest of us are not as special and therefore are not allowed to carry concealed in the areas listed in subsection (1).
4. I've heard you can Open Carry in a CPFZ listed in MCL 28.425o, is this correct?
In short, yes. While there is no definitive case law, multiple state authorities have weighed in on the matter.
Attorney General Jennifer Granholm - June 2002 - Opinion No. 7113
A plain reading of section 5o(1) of the Concealed Pistol Licensing Act discloses, however, that its prohibition applies only to the carrying of pistols that are "concealed." A holstered pistol carried openly and in plain view is not "concealed" and therefore does not violate the prohibition contained in that section.
Michigan State Police - October 2010 - MSP Legal Update #86
Note, the above statute [28.425o] 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.
Relevant statutes for further reading:
MCL 28.425o
MCL 750.234d
MCL 750.237a
Note: While the Michigan Supreme Court recently ruled in MGO v. AAPS and MOC v. CASD that schools are not expressly or implidely field preempted, they refused to rule on whether or not schools are conflict preempted. MOC firmly believes this type of preemption applies to school, but due to the press coverage of the ruling, you should expect schools to think they may do whatever they want, and for local law enforcment to think the schools are right.
Also Note: You cannot carry in a casino that is monitored by the State in any case (ex: one of the 3 Detroit Casinos). Also, many Courts are made weapon free zones by enforceable Court Administrative Rules. If you violate the Court Rule you could be found in Contempt of Court.
5. I've heard open carry is brandishing, is this true?
No! MCL 750.222 defines Brandishing. It says:
“Brandish” means to point, wave about, or display in a threatening manner with the intent to induce fear in another person.
Given that, it is our opinion (since we wrote the definition in MCL 750.222 -- literally) that open carry is not brandishing. If it is necessary to draw your firearm for self-defense, MCL 750.234e contains an exemption that covers you:
Sec. 234e. (1) Except as provided in subsection (2), a person shall not willfully and knowingly brandish a firearm in public.
(2) Subsection (1) does not apply to either of the following:
(a) A peace officer lawfully performing his or her duties as a peace officer.
(b) A person lawfully acting in self-defense or defense of another under the self-defense act, 2006 PA 309, MCL 780.971 to 780.974.
6. I've heard that once you get your CPL you can no longer Open Carry, is this true?
This seems to be a nasty but persistent rumor that is being spread mostly by misinformed or malcontent CPL instructors across the state. Michigan Open Carry, Inc., our lawyers, and the Michigan State Police have found no statutory law or case law that supports this rumor. We wish the rumor would simply die.
To be clear, there is NO basis for this assertion. Beware of anyone that conveys it.
7. Do "No Guns" signs on private property have the force of law in Michigan?
No (but it's complicated, read on). In Michigan law there is no special penalty or talk of "No Guns/Firearm" signs. That being said, there are a few reasons you shouldn't carry at a privately owned place where you see a "No Guns" sign:
1. There is the legal reason: if it can be proven beyond all reasonable doubt that you knew you couldn't carry there and you carry there anyhow (open or concealed), you could be charged with criminal trespass. See MCL 750.552
750.552 Trespass upon lands or premises of another; violation; penalty.
(1) A person shall not do any of the following:
(a) Enter the lands or premises of another without lawful authority after having been forbidden so to do by the owner or occupant or the agent of the owner or occupant.
(b) Remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant.
(c) Enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.
(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or by a fine of not more than $250.00, or both.
The "No Guns" sign/policy establishes a condition on your "license" to use that private property. If you knowingly violate the terms of that license, you are now on private property without permission -- AKA trespass.
How would the prosecutor be able to prove beyond all reasonable doubt you knew of the policy?
A) There may be video of you entering the store with a friend while pointing at the sign and laughing about it. In this case, it could be proven you saw the sign and chose to ignore it.
B) If you have been asked in the past to leave by the owner/agent of the owner, there could be documentation and/or video evidence of this. Re-entering the property (unless you've heard from the owner/an agent of the owner otherwise) while armed would be provable trespass.
2. There is a second reason you shouldn't carry (or visit) a place that has a "no guns" policy/sign: profits. Most businesses are in business for one reason and one reason alone: to make money. Do you want to give a profit to someone who doesn't respect your right to self-defense?
Also, businesses often contribute money to political campaigns; what type of politician would you think such a business would be apt to support? A politician that supports our rights or opposes them?
Deny these anti-gun businesses the ability to exist by denying them your patronage.
3. You're asked to leave by the owner/agent of the owner and you choose to not leave immediately. The police can then be called and you can be arrested for trespass. Typically when the police arrive they will ask you to leave before arresting you for trespass -- but this certainly does not have to be the case (it would just make the prosecution's case against you even better)
8. I don't have a Concealed Pistol License (CPL). Can I carry on a ________? (fill it in: Motorcycle, bicycle, tricycle, big wheel, 4-wheeler, snow mobile)
This is a complicated answer. For those of you with a short attention span (you know who you are), we recommend against it due to the potential risks.
For those of you that want a more in-depth answer as to what the law actually says, the applicable law in this case is MCL 750.227. It reads, in relevant part:
"(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license."
It is important to note that other related sections of law, like MCL 750.227c and MCL 750.227d, that deal with transporting a long gun in a motor vehicle, say "in or upon", while the above section only says "in". In our opinion, this shows specific intent by the Legislature that MCL 750.227 only applies to in a vehicle, and not upon. This also makes sense as MCL 750.227 deals with concealing weapons, which does not occur when one is upon a vehicle.
So, why do we recommend against it? Because it is not uncommon for law enforcement officers, lawyers, and even judges to not understand the laws they are enforcing. Combine that with the potential 5yr felony in MCL 750.227, and we think the risks outweigh the benefits, especially when getting a CPL today is no longer the ordeal it was 20+ years ago.
You may be right, and we certainly think you are, but proving as much could take a significant amount of time and money, as well as cause significant harm to your life in the process. If you have loads of money and aren't bothered by the possibility of landing a felony (which will cost you your ability to own firearms), and you'd like to be a "test case", go for it, we can refer you to some lawyers which may be happy to take your case, for a price.
*** Please also note, when it comes to a vehicle you are "in" (bus, car, etc.) MCL 750.227 is absolute on this answer: NO, you may not legally carry without a CPL.
If you would like to read more, this article has a few excellent citations on the topic and reaches the same conclusion as us:
In People v Nimith, (1999 – Michigan Court of Appeals), the defendant was pulled over while operating a motorcycle. The officer noticed a gun wedged in a space near the engine and he was cited for violating the above law. The defendant argued that he was not guilty because the gun was not “in” the motorcycle, such as in a closed compartment or saddlebag. The Court upheld the conviction stating that for purposes of the statute “in” means “within the limits, bounds, or area of” the vehicle, and that there is nothing in the statute that requires that the weapon be completely enclosed to be considered “in” a vehicle. The Court also found that under these circumstances, the defendant was “carrying” the weapon because it was lodged in a location that made the weapon “readily accessible” to the defendant.
In People v Cofer (2005 – Michigan Court of Appeals), the defendant was pulled over while swerving on his motorcycle. He was arrested for drunk driving and during a search of the bike, the officer found a weapon in a jacket under the seat. The Court found that he was “carrying” the weapon “in” his motorcycle as he knew it was there.
The simple answer to avoid all of this is: get your CPL, then it is certainly legal to carry ("openly" or concealed) in/on almost any vehicle of your choosing.
9. Can I carry on Federal Property?
This answer comes courtesy of Steve Sundeen, an attorney in south-central Michigan who has a a good understanding of firearm laws:
Carrying weapons on federal property is entirely under the purview of federal law. That being said, there are different laws and regulations, depending on where you are.
1. Federal Buildings
Buildings operated by Federal Agencies, such as the IRS, SSA, USDA, etc., and Federal Courts fall under the following law:
18 USC § 930
(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.
(c) A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.
(d) Subsection (a) shall not apply to—
(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
(e)
(1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.
(2) Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).
(f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.
(g) As used in this section:
(1) The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.
(2) The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 21/2 inches in length.
(3) The term “Federal court facility” means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.
(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.
As stated, you cannot carry any weapon into a federal building. There are a few exceptions and some have argued that self defense or having a CPL constitutes a "lawful purpose." At this time, the government and the courts have disagreed. The notices found at these buildings will typically contain language indicating that a CPL does not allow you to carry on federal property. The language of the statute does not include parking lots. In my experience, if you bring a weapon and it gets tagged by security when you are going in, they will tell you to go put it in your car and come back.
2. The Post Office
Besides the statute listed above, there is a regulation that applies to just the PO.
39 C.F.R. § 232.1(l)
Weapons and explosives. Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.
If you have ever looked around a PO, you will find this posted. It is more inclusive than the statute, as it includes all PO property, including the parking lot. At present, there is an exception. In Bonidy v. USPS, a US District Ct. found the parking lot provision to be unconstitutional. Unfortunately for us, this only applies to Colorado, as District Court precedent only applies to that district. Ideally, this will move up and be affirmed by higher courts and apply to larger areas.
3. National Parks and National Wildlife Refuges
This is one area where state law is important. Under Federal Regulations, you can carry in these places if it would allowable under state law. See 36 CFR 2.4:
(h) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.
and,
50 CFR 27.42
(e) Notwithstanding any other provision in this Chapter, persons may possess, carry, and transport concealed, loaded, and operable firearms within a national wildlife refuge in accordance with the laws of the state in which the wildlife refuge, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.
Here is a pamphlet from the US Park Service on the subject. Please note that other federal laws still apply, including the ban on weapons in federal buildings. Therefore, you may not carry a weapon into Ranger Stations, Visitor Centers, bathrooms, or any other US Government building on these properties.
4. Indian Reservations
This is governed by tribal law. There are a number of online lists, including this rather extensive one from the Handgunlaw site. They recommend, and I agree completely, that you contact someone in authority and clarify what the rule is, preferably in writing.
5. US Army Corps of Engineers
See this pamphlet. Weapons are not allowed, except if they are unloaded and stored in a vehicle. This applies to any land owned by the Corps of a Engineers.
10. Can I openly carry a pistol owned by someone else?
MCL 28.422 provides:
(1) Except as otherwise provided in this act, 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.
Note: you have to have a license for the pistol you are carrying. If it is owned by someone else, you do not have a "license to carry the [that] pistol".
There is an exception to this in MCL 28.432 for people who have a CPL:
(1) Section 2 [MCL 28.422] does not apply to any of the following:
(a) A police or correctional agency of the United States or of this state or any subdivision of this state.
(b) The United States army, air force, navy, or marine corps.
c) An organization authorized by law to purchase or receive weapons from the United States or from this state.
(d) The national guard, armed forces reserves, or other duly authorized military organization.
(e) A member of an entity or organization described in subdivisions (a) through (d) for a pistol while engaged in the course of his or her duties with that entity or while going to or returning from those duties.
(f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.
(g) The regular and ordinary possession and transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer.
.....
(i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.
Note: The person carrying the gun must have the CPL.
Husband/Wife Scenario, Husband has CPL, wife does not:
- Husband can lawfully carry (open or concealed) pistols owned by the wife.
- Wife cannot lawfully carry (open nor concealed) pistols owned by the husband (unless she meets one of the other exemptions).
11. Can I open carry with an inside the waistband/inside the pants (IWB) holster?
The Michigan Court of Appeals appears to answer this in People v Curtis Phillips (1996) (unpublished):
In the case, officers observed Mr. Phillips standing on a nearby porch with the butt of a gun protruding out of his waistband. The Court held that the pistol was not visible under "ordinary observation” and therefore "A casual observer may not have discerned the object in defendant’s waistband."
Essentially, it's up to the "trier of fact", meaning open to interpretation for a judge in a bench trial, or a jury in a jury trial. We recommend, for the purposes of open carry, that you only carry in a holster where the entire gun/holster is visible to an "untrained, casual observer", and said reasonable observer would readily be able to see you were in possession of a firearm.
Defendant argues that the evidence was insufficient to prove beyond a reasonable doubt that he “concealed” a handgun because the arresting officers could see the butt of a gun protruding from his waistband. We disagree.
To determine whether a rational trier of fact could have found that the essential elements of the crime were proven beyond a reasonable doubt, this Court views the evidence in the light most favorable to the prosecution. People v Wolfe, 440 Mich 508, 515; 489 NW2d 748 (1992). A conviction for carrying a concealed weapon without a license requires proof that the accused concealed a dangerous weapon. People v Pickett, 21 Mich App 246, 248; 175 NW2d 347 (1970). Concealment is a question of fact and exists when the weapon is “not discernible by the ordinary observation of [those] coming in contact with [the accused], casually observing him, as people do in the ordinary and usual associations of life.” People v Johnnie W Jones, 12 Mich App 293, 296; 162 NW2d 847 (1968).
While searching the area for gunmen after a reported shooting, the arresting officers observed defendant standing on a nearby porch with the butt of a handgun protruding from his waistband. They were able to identify this object as the butt of a handgun based on their training and experience. The officers were not “casually observing” defendant “in the ordinary and usual associations of life,” and this was not “ordinary observation” because the officers were searching for armed suspects. A casual observer may not have discerned the object in defendant’s waistband. Therefore, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could conclude there was sufficient evidence that defendant concealed a gun in his waistband.
12. I want to talk to a lawyer. Can you refer me to one?
We have relationships with several attorneys. While many of them will give you a free consultation, you should expect to pay handsomely for their time should you choose to employ them.
13. I live in the City of ________. The City has an ordinance prohibiting the possession of firearms in public. Can they do that?
MCL 123.1102 states:
A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.
Therefore, ordinances which prohibit the possession or carry of firearms in public are null and void. This also applies to City/Township/County owned parks and facilities. CADL v MOC extends "preemption" (that's what we call the ban on regulating firearms that applies to local governments) to other types of local governments such as: District Library Authorities, Downtown Development Authorities, Transportation Authorities, Metro-Park authorities and virtually any other type of local government in the State. The Court of Appeals Opinion states:
Accordingly, we hold that state law preempts CADL’s weapons policy because the Legislature, through its statutory scheme in the field of firearm regulation, has completely occupied the field that CADL’s weapons policy attempts to regulate.
...
We conclude that state law preempts CADL’s weapons policy to the extent that it attempts to regulate firearms contrary to the restrictions set forth in MCL 123.1102. The library is a quasi-municipal corporation and, thus, a governmental agency subject to the principles of preemption when it attempts to regulate subject matter that is regulated by the Legislature. The Legislature, through MCL 123.1102, has expressly prohibited local government regulation of firearms and ammunition generally in cities, villages, townships, and counties, including in their libraries. Although a district library is not a local unit of government as defined by MCL 123.1101(a), legislative history, the pervasiveness of the Legislature’s regulation of firearms, and the need for exclusive, uniform state regulation of firearm possession as compared to a patchwork of inconsistent local regulations indicate that the Legislature has completely occupied the field that CADL seeks to enter.
Note: Due to the separation of powers between the Michigan Legislature and Judiciary, courts are allowed to make rules regarding the possession of firearms in court facilities. A building may be owned by a City/Township, but if it contains a court, that court may ban guns in the building where the building is used for official court purposes. See Michigan Supreme Court Administrative Order 2001-1 (pg 158)
14. I don't have a CPL. Can I open carry at ________? (Insert: Meijers, Walmart, Kroger, or your favorite grocery store/place that sells liquor/beer/wine)
Here's the short answer: no. Read on for the longer answer. As stated in question 1 MCL 750.234d says in relevant part:
1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
...
(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:
...
(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.
So unless you have a CPL or permission of the owner/owner's agent (we'd recommend that permission be in writing), you cannot open carry at any place that sells liquor, wine, or beer as all of these places are licensed by the state liquor commission.
15. I don't live in Michigan. Can I open carry in Michigan?
It depends. MCL 28.422 states:
(1) Except as otherwise provided in this act, 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.
There is a relevant exception to this listed in subsection (8):
(8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following conditions apply:
(a) The individual is licensed in his or her state of residence to purchase, carry, or transport a pistol.
(b) The individual is in possession of the license described in subdivision (a).
(c) The individual is the owner of the pistol he or she possesses, carries, or transports.
(d) The individual possesses the pistol for a lawful purpose as that term is defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a. (Editor's note: MCL 750.231a was modified by PA 427 of 2012 which removed this definition so this language is a left-over that needs to be cleaned up by the legislature)
(e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.
The law also prescribes a penalty for non-compliance:
(9) An individual who is a nonresident of this state shall present the license described in subsection (8)(a) upon the demand of a police officer. An individual who violates this subsection 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.
So, to answer the question, do you have a license from "your state of residence" to "purchase, carry, or transport a pistol"? It is our belief, for the purposes of MCL 28.422 an Illinois FOID (Firearm Owner ID) card would meet this requirement, provided the person "resides" in IL. We also believe that a Concealed Pistol License (CPL), Concealed Weapons License, or equivalent that was issued by your state of residence would also qualify you for this exemption.
16. What is the legal BAC (Blood Alcohol Content) limit for carrying?
We recommend that you not consume alcohol while carrying. That being said, there are two laws that deal with BAC levels while carrying. There is one for general firearm possession and one for concealed carry.
For general firearm possession, MCL 750.237 provides:
Sec. 237.
(1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances:
(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual's ability to use a firearm is visibly impaired.
Although subsection (b) specifies a limit of .08, you could be convicted under this statute even if your BAC is less than .08, if it can be shown:
- You are "under the influence"
- Your ability to use a firearm is "visibly impaired".
There is another section of law (MCL 28.425k) that deals with concealed carry:
(2) An individual shall not carry a concealed pistol or portable device that uses electro-muscular disruption technology while he or she is under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content prohibited under this section. An individual who violates this section is responsible for a state civil infraction or guilty of a crime as follows:
(a) If the person was under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor and a controlled substance, or had a bodily alcohol content of .10 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or $100.00, or both. The court shall order the concealed weapon licensing board that issued the individual a license to carry a concealed pistol to permanently revoke the license. The concealed weapon licensing board shall permanently revoke the license as ordered by the court.
(b) If the person had a bodily alcohol content of .08 or more but less than .10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or $100.00, or both. The court may order the concealed weapon licensing board that issued the individual a license to carry a concealed pistol to revoke the license for not more than 3 years. The concealed weapon licensing board shall revoke the license as ordered by the court.
(c) If the person had a bodily alcohol content of .02 or more but less than .08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is responsible for a state civil infraction and may be fined not more than $100.00. The court may order the concealed weapon licensing board that issued the individual the license to revoke the license for 1 year. The concealed weapon licensing board shall revoke the license as ordered by the court. The court shall notify the concealed weapon licensing board that issued the individual a license to carry a concealed pistol if an individual is found responsible for a subsequent violation of this subdivision.
Therefore, a BAC of .02 or greater exposes you to sanctions under this statute, if you are concealed carrying, as shown in subsection (c).
Also note: both statutes provide procedures for a law enforcement officer to compel you to submit to tests. Read the statutes linked above for more details.
17. Can I open carry with a round in the chamber.
Provided that you are otherwise carrying your gun lawfully (that is, not in a pistol free zone, etc.), there is no MCL (Michigan Compiled Law -- statute), Federal law, nor case law against having a round chambered.
18. I am a passenger in a vehicle that is stopped by a Law Enforcement Officer (LEO), I have a CPL and I am carrying. Am I required to disclose per MCL 28.425f?
When a vehicle is stopped, everyone in it is generally considered to be detained. Don't believe us? Next time you are a passenger of a vehicle that is pulled over, try to get out of the car and just walk away from the vehicle. Let us know how that works out for you.
In 2007 US Supreme Court held in Brendlin v. California ( 551 U.S. 249) that all persons in a stopped vehicle are detained for purposes of the Fourth Amendment.
Given that, the answer is yes, you must disclose (per MCL 28.425f) even if you are not the driver (but merely a passenger) of a vehicle that is being stopped.
19. What is a "Pistol Free Zone" (PFZ)?
A "PFZ" is usually the lazy man's way of referring to the Concealed Pistol Free Zones (CPFZs) in 28.425o. These zones are not designed to be truly pistol free and the statute specifically says it applies to concealed pistols only.
However, for whatever reason, some people refuse to carry openly in a CPFZ. These people, in effect, create their own self-imposed PFZs.
Remember, the only people that make these places "pistol free" are the ones that refuse to carry there.
20. Can I Open Carry in a drop leg holster or a shoulder rig?
In considering this question, one should read question 11. If an untrained, casual, and reasonable observer could tell that you are carrying a gun, you should be okay.
21. Under Michigan law, what is considered a pistol?
MCL 750.222 defines a "pistol" as "a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm."
Note: Federal law contains additional requirements to meet the definition of a "pistol" under Federal law.
22. What is the process for buying a pistol?
Note: If you are not a Michigan resident, under Federal law you may not buy a pistol in Michigan. You can only buy a pistol in the state that you are resident.
- MCL 28.422 outlines this process for individuals who do not have a CPL and are buying a pistol from a non-FFL (that is you are buying from another Michigan resident who is not an FFL).
- MCL 28.422a outlines the process for individuals who do have a CPL and/or are buying from an FFL.
- Even if you fill out an RI-060 or an RI-10, you may qualify for an exemption of 28.422/28.422a, eliminating the requirement to register your pistols (See Also MCL 28.432).
Steps for individuals without a CPL and not buying from an FFL:
Note: Seller must be a Michigan Resident and the transfer must take place in Michigan. If the seller is not a Michigan resident, you must involve a Michigan based FFL to facilitate the transfer.
- Go to any police agency in the state (Any MSP post, any Sheriff Department, or any city/village/township police department) and request a License To Purchase (LTP) a pistol.
- Within 30 days of receiving the LTP you buy the pistol. The license to purchase is only valid for 30 days.
- Within 10 days of purchasing the pistol you must return the police copy of the LTP to the police agency that issued it, either via US Mail or in person.
- You must have in your possession your copy of the LTP for 30 days any time you carry, use, possess, or transport the pistol.
- You are not required to have the LTP copy on you (or keep it at all) beyond the 30th day after purchase.
Steps for individuals without a CPL and buying from an FFL:
- Go to the FFL and fill out applicable paperwork (BATFE Form 4473). The FFL will fill out an RI-060 and give you two copies.
- Within 10 days of purchasing the pistol you must return the police copy to the police department of the city, village, or township you reside in. If you do not reside in a city, village, or township having a police department you must send it to the county sheriff, either via US Mail or in person.
- You must have in your possession your copy of the RI-60 for 30 days any time you carry, use, possess, or transport the pistol.
- You are not required to have the RI-060 copy on you (or keep it at all) beyond the 30th day after purchase.
Steps for individuals with a CPL:
Note: Seller must be a Michigan Resident or Michigan based FFL and the transfer must take place in Michigan. If the seller is not a Michigan resident, you must involve a Michigan based FFL to facilitate the transfer.
- Go to the seller and show them your CPL. Together you fill out an RI-60. You keep two copies of the RI-060 and the seller keeps one copy. If the seller is a FFL they will also have you fill out applicable Federal paperwork (BATFE Form 4473).
- Within 10 days of purchasing the pistol you must return the police copy to the police department of the city, village, or township you reside in. If you do not reside in a city, village, or township having a police department you must send it to the county sheriff, either via US Mail or in person.
- You must have in your possession your copy of the RI-060 for 30 days any time you carry, use, possess, or transport the pistol.
- You are not required to have the RI-060 copy on you (or keep it at all) beyond the 30th day after purchase.
