OC

[DarksLight2002]

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I live in Holt but work in Lansing(Waverly Rd).
I'm thinking about buying my 1st gun(for safety)
after a co-worker(in mason) was kidnapped from our parking lot at 4pm.I still work for the same company & my boss says its not legal to OC,I would never carry at work for her sake.My question is,Can I CC with a permit at a fast food place?
Thank You,
Tracy

 

[SpringerXDacp]

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Welocme to OCDO DarksLight. Please take an hour or so and read the MICHIGAN OPEN CARRY INFO HERE thread and the WASH, RINSE, REPEAT thread. Most of your questions/concerns can be answered there.

Also, you can add your location under your screen name by clicking My Accounty and then go to Profile.

 

[DarksLight2002]

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Thank You

 

[DanM]

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Tracy,

You need to read through the "MICHIGAN OPEN CARRY INFO HERE" thread and understand it:

http://opencarry.mywowbb.com/forum30/13328.html

Bottom line: as long as you are observing all applicable laws in public or adhering to a private property owner's rules on private property, open carry is LEGAL (your boss is WRONG)and concealed carry with a permit is LEGAL in fast food places (those places are not on the prohibited places list for CC).

Sounds like you are very new to open carrying, concealed carrying, and the laws that govern either. Read, understand, and ask questions to be sure you completely understand the law, your rights, and how to assert them before you carry a firearm.

Good luck.

 

[conservative85]

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First Welcome to OpenCarry. Hope you become a regular here. Take the time to read as much as you can, and learn to recite the wash, rinse, repeat.

Second there are basically 3 ways to carry in Michigan. Open carry, Concealed carry, & Open carry with a CPL. The last is the least restrictive.

Last but not least, when talking with other people about what you've learned, try to educate, not belittle. We can win over more people to our causewith kindness, than withvinegar.

 

[FatboyCykes]

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Good a place as any, I don't want to start a new thread for this question.

I've searched this site and cannot find the information regarding OC'ing near a school. I've got the no dorm or classroom thing, but am I ok to OC at a local playground at the elementary school? Or must I have a CPL and CC? Can't find a solid answer in the sticky.

 

[Rogue9er]

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I worked a fast food joint. While it's legal to CC or OC in there, company policy may be very different. McD's had a no-weapons-for-employees policy, and thus I had to disarm. Not doing so might get you fired, or if you persist you might be arrested for trespass.

 

[conservative85]

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Rogue9er wrote:

I worked a fast food joint. While it's legal to CC or OC in there, company policy may be very different. McD's had a no-weapons-for-employees policy, and thus I had to disarm. Not doing so might get you fired, or if you persist you might be arrested for trespass.

While you are correct on the employee policy, the oc, and cc. The last is not totally true. When it comes to Trespass It can vary, but fore the most partYou first have to be asked to leave.

750.552 Trespass upon lands or premises of another; penalty.



Sec. 552.

Any person who shall wilfully enter, upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner or occupant, agent or servant of the owner or occupant, or any person being upon the land or premises of another, upon being notified to depart therefrom by the owner or occupant, the agent or servant of either, who without lawful authority neglects or refuses to depart therefrom, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not more than 30 days or by a fine of not more than $50.00, or both, in the discretion of the court.

 

[Rogue9er]

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conservative85 wrote:

Rogue9er wrote:

I worked a fast food joint. While it's legal to CC or OC in there, company policy may be very different. McD's had a no-weapons-for-employees policy, and thus I had to disarm. Not doing so might get you fired, or if you persist you might be arrested for trespass.

While you are correct on the employee policy, the oc, and cc. The last is not totally true. When it comes to Trespass It can vary, but fore the most partYou first have to be asked to leave.

750.552 Trespass upon lands or premises of another; penalty.



Sec. 552.

Any person who shall wilfully enter, upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner or occupant, agent or servant of the owner or occupant, or any person being upon the land or premises of another, upon being notified to depart therefrom by the owner or occupant, the agent or servant of either, who without lawful authority neglects or refuses to depart therefrom, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not more than 30 days or by a fine of not more than $50.00, or both, in the discretion of the court.

Thus the persist part, but yeah, good clarification.

 

[DrTodd]

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FatboyCykes wrote:

Good a place as any, I don't want to start a new thread for this question.

I've searched this site and cannot find the information regarding OC'ing near a school. I've got the no dorm or classroom thing, but am I ok to OC at a local playground at the elementary school? Or must I have a CPL and CC? Can't find a solid answer in the sticky.

Section 5o of the Concealed Pistol Licensing Act, as added by 2000 PA 381, creates certain gun-free zones as follows:

[size="-1"]Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol on the following premises: [/size]
[size="-1"][/size]

1. [size="-1"][*] 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 allows 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
   [*] ACasino
   
   [/size]

[size="-1"]"Premises" does not include the parking areas of the places listed above in 1 through[/size]​

The carrying of firearms in public is also restricted by PA 328, MCL 750.1 et seq. Section 234d of the Penal Code identifies certain "gun free zones" similar to those listed in section 5o of the Concealed Pistol Licensing Act; within those specified zones, the possession of firearms is strictly prohibited, subject to limited exceptions. Specifically, section 234d(1) of the Penal Code provides that:

(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.
​

These restrictions are much broader than those listed in section 5o of the Concealed Pistol Licensing Act. Remember that section 234d(1) applies to all firearms, not merely to pistols, and applies to firearms whether concealed or not. Subsection (2) though, lists specific exceptions to this prohibition, one of which apply to you as a CPL holder:

(2) This section does not apply to any of the following:
[align=center]* * *[/align]

(b) A peace officer.
(c) A person licensed by this state or another state to carry a concealed weapon.
​

The school (pk-12) restriction can be found in section 237a(4) of the Penal Code. This section prohibits possession of a firearm in a "weapon free school zone" defined in section 237a(6)(d) as "school property and a vehicle used by a school to transport students to or from school property." Like section 234d(2), the prohibition against possessing firearms in a school zone does not apply to a person licensed to carry a concealed weapon. Section 237a(5).
So, basically sections 234d(2)(c) and 237a(5)(c) of the Penal Code exempt a person, licensed by this state or another state to carry a concealed weapon, from the possession (OCing) of a pistol on school property. However, section 5o of the Concealed Pistol Licensing Act prohibits the wearing a concealed pistol while on school property unless[size="-1"] in a vehicle on school property while dropping off or picking up if a parent or legal guardian.[/size]

 

[FatboyCykes]

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In summation, it is illegal to CC on School Grounds, but is leagal to OC, if and only if you are a CPL holder?

 

[Michigander]

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Yep. And as far as I know, it used to be legal to licensed CC at schools too, before the shall issue legislation.

 

[FatboyCykes]

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Okay, I thought so, but like others have posted, I'm still not fluent in legalese quite yet. I've read the info sections at least 10 times each and really don't see an end in sight, as I strive to memorize more and more, but sometimes it's just nice to see or hear someone say, "yea, you've got it." So thanks!

I OC'd(w/o CPL, class this Sat.) to a local playground with my kids a few weeks ago, and was going to again yesterday, but got a little nervous, as I'd never read specific, non-legalese interpretations on the subject, and of course, better safe than sorry. So again, I thank you!


So, no more trips near the school, until I get my CPL.
~.o

 

[Michigander]

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My suggestion to anyone who isn't extremely aware of all applicable laws is to avoid OCing unless you are at a MOC event, or on private property, or in some other circumstance where you are utterly certain you are legal.

OCing is a risky and stupid thing to do if you aren't intimately familiar with the laws, or at least otherwise beyond positive you are legal.

 

[Venator]

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FatboyCykes wrote:

Okay, I thought so, but like others have posted, I'm still not fluent in legalese quite yet. I've read the info sections at least 10 times each and really don't see an end in sight, as I strive to memorize more and more, but sometimes it's just nice to see or hear someone say, "yea, you've got it." So thanks!

I OC'd(w/o CPL, class this Sat.) to a local playground with my kids a few weeks ago, and was going to again yesterday, but got a little nervous, as I'd never read specific, non-legalese interpretations on the subject, and of course, better safe than sorry. So again, I thank you!


So, no more trips near the school, until I get my CPL.
~.o

If you drive there you are allowed to have a firearm that is unloaded in a case in the trunk of your vehicle on school grounds. So you could have it secured in your vehicle and park in the playground or school parking lot.

 

[FatboyCykes]

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Thank you guys(gals?). Yea these playgrounds are both within walking distance of the house. Trust me, I need the exercise and it helps wear the boys out a bit as well