DrTodd
Michigan Moderator
imported post
Venator wrote:
IMHO, the only manner in which such a sign serves any purpose has been found (by a reading of the AG opinion) to be non-applicable.
Nutshell version:
If they are privately owned or operated, I would say that carry of firearms is likely legal until such time as there is some sort of official notice that carry of firearms is prohibited.
If they are a local unit of gov't, then the signage has no meaning either since it is at the entrance to the zoo. In my opinion, to be legal requires each bldg, at each entrance to be posted a seating capacity of +2500. However, this would only limit the prohibition to the bldgs, not the zoo itself.
Sorry to disagree Venator, but the posting of the +2500 signage appears to be legal. The posting of a seating capacity at the doors of a building does NOT affect fire codes or other requirements. These rules usually state that the seating capacity of the building needs to be placed on a certificate in the building, nothing about entrances. But, I don't think just any building/ facility could do this; it would probably need to be an entertainment facility as defined in the AG opinion.
Venator wrote:
But that would be only to enforce a prohibition under section 5o(1)(f) of the Concealed Pistol Act. If the zoo is privately owned or operated by the Detroit Zoological Society, they can prohibit firearms. However, the issue would really be one of trespass. Since the sign just states a seating capacity, this is not a general prohibition of firearms because, as the AG opinion states, the word "facility" means a building or structure, NOT just an area of property.FatboyCykes wrote:The sign is valid only if they meet the criteria, otherwise every place could post a sign saying it's an entertainment facility to shirt the law. The way I read it is if there is a entertainment facility within the zoo, like an stage or lecture hall that seat 2500 then that area would qualify, but not the entire zoo. Regardless this only applies to CONCEALED CARRY, not open.Venator wrote:Per the AG opinion posted...FatboyCykes wrote:How is it illegal?DrTodd wrote:With, and only with a CPL though.Venator,
You are correct, OC appears to be legal.
As I understand the above, weather it's accurate or true or not, a simple sign is all that is needed to designate it as an "entertainment facility".A reading of all the words contained in section 5o(1)(f) of the Act supports the conclusion that the Legislature intended that the term "entertainment facility" constitute a structure or building that has a known seating capacity of 2,500 or more persons, or that has signs above each public entrance stating that the facility has a seating capacity of 2,500 or more persons. Since the Legislature has not required that an entertainment facility be totally self-enclosed, such a facility could consist of a bandshell, amphitheater, or similar structure, provided it has the required, known seating capacity noted above or has appropriate signage above each public entrance indicating a seating capacity of 2,500 or more. This reading of section 5o(1)(f) is supported by the legislative history of 2000 HB 4530, enacted as 2000 PA 231. Both House Legislative Analyses, HB 4530, June 8, 1999, and January 4, 2001, state that HB 4530 would "[p]rohibit a licensee from carrying a concealed weapon in certain public places, such as a school, theater, sports arena, library, or hospital." There is no mention in either bill analysis that an outdoor recreation park, by itself, would constitute a gun-free zone. It is appropriate to rely on the legislative history because of the ambiguity in the statutory language. Luttrell v Dep't of Corr, 421 Mich 93, 103; 365 NW2d 74 (1985).
Now, technically the signs are to the right or left of the entrance, not above, so mebe that's my loophole!
IMHO, the only manner in which such a sign serves any purpose has been found (by a reading of the AG opinion) to be non-applicable.
Nutshell version:
If they are privately owned or operated, I would say that carry of firearms is likely legal until such time as there is some sort of official notice that carry of firearms is prohibited.
If they are a local unit of gov't, then the signage has no meaning either since it is at the entrance to the zoo. In my opinion, to be legal requires each bldg, at each entrance to be posted a seating capacity of +2500. However, this would only limit the prohibition to the bldgs, not the zoo itself.
Sorry to disagree Venator, but the posting of the +2500 signage appears to be legal. The posting of a seating capacity at the doors of a building does NOT affect fire codes or other requirements. These rules usually state that the seating capacity of the building needs to be placed on a certificate in the building, nothing about entrances. But, I don't think just any building/ facility could do this; it would probably need to be an entertainment facility as defined in the AG opinion.