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CPL FAQ's/Ask the Lawyer
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| Q: |
I work for a major Auto Company
and shoot at a range next to the plant. It would be convenient
for me to leave my pistol locked in my trunk during the day
and shoot after work. The plant has a sign in
the parking lot that says no guns allowed. Am I risking my job
if I leave my pistol locked in my car?
|
| A: |
The short answer is “Yes.”
The complete answer is more complex. Michigan law allows a person
to carry a concealed pistol “anywhere in this state.”
This would seem to cover your employer’s parking lot. But
there is an exception found in section 5n(b) which allows an
employer to prohibit, “… an employee from carrying
a concealed pistol in the course of his or her employment with
that employer.” The phrase “in the course of”
is not defined in the statute,
but the workers compensation statute contains identical wording.
That statute has been interpreted by the courts as, “…the
concept of course of employment was formulated to encompass
activity falling within the normal
sphere of employee activity associated with the work routine.”
Parking your car in the employer’s lot would be within
the normal sphere of employee activity associated with the work
routine. Michigan courts have almost universally found an employee
to be in the course of employment while in the
parking lot or crossing the street between the parking lot and
workstation.
Obviously, you are not carrying the pistol while at your workstation,
but you would have to “carry” it into and out of the
parking lot. You as an employee have a duty to obey legal rules.
Unless somehow modified by a collective bargaining agreement,
your employer would be justified in firing you if it
discovered that you had a gun in your car.
|
| Q: |
I live in Kent County and am applying for a
concealed pistol license. Kent County requires a
‘mental health’ form signed by a doctor certifying
that the applicant has no mental illness. My doctor
refuses to sign the form for anyone. I take medication
for anxiety and am concerned that there will be
misinterpretation or misunderstanding if/when this
subject comes up. Is it likely I will have to appear in
front of the board? If so, what are my chances of the
board understanding that I take the medication for
social anxiety, and have no mental illness? |
| A: |
MCRGO filed suit against the Kent County Concealed Weapons Licensing Board, the Kent County Clerk, and the Kent County Sheriff in 2003 to challenge the use of this and other of their forms not authorized in the law. In December of 2005, the Chief Judge of Kent County found in favor of MCRGO and ordered the County to stop using their Mental Status Verification form and Name Change and Previous Address form. The Judge found they violated the language and intent of the Concealed Pistol Licensing Act and declared the forms void and unenforceable.
You may have to go before the board. The legal definition of 'mental illness' in the concealed carry law is "a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, and includes, but is not limited to, clinical depression." If your anxiety disorder meets that definition, you are not eligible for a concealed carry permit. If it does not meet that definition, you are eligible. Whether or not you take medication is irrelevant. You are not required to disclose your medication unless it bears on an existing mental illness.
|
| Q: |
When my father died last year I was depressed
and my doctor put me on medication, I soon
decided that I did not want to be medicated and
stopped taking the drug. With the help of my family, I
worked through my grief and I am not currently
depressed. Do I have to disclose this episode of depression
to the board when I apply for a concealed carry permit?
|
| A: |
Sometimes I get an easy question. This is an easy one.
The question on the CPL application asks if you
“currently” have a mental illness. If you do not currently
have a mental illness, answer the question NO. You do not
have to volunteer that you were depressed in the past. |
| Q: |
A former student of mine recently contacted the
Attorney General’s office to ask whether he and
his wife (each has a valid CCW permit) could legally
carry each other’s firearms. Could you please shed
some light on this? This question has been asked and
addressed on the MCRGO Forums web site but not by
an attorney. Perhaps this would be a good question for
the MCRGO newsletter. |
| A: |
A: It depends on if the donee has a CPL. For many years loaning handguns was not permitted. Loans of handguns had to go through the same procedures as sales of handguns. In 2001 the law changed the definition of purchaser. It dropped the "furnish" or "loan" language. At that time many attorneys took the position that loaning handguns was now allowed. There still was some concern about the "safety inspection" statute, which is Michigan's version of registration. MCL 28.429 states, "A person within the state who owns or comes into possession of a pistol shall ... present the pistol for safety inspection."
But in 2006, a new law was passed (2006 PA 75 eff. July 1, 2006; MCL §28.432) expressly stating that the purchase permit and safety inspection provisions do not apply if the donee has a CPL and the handgun is properly registered. So this new (and unnecessary) law muddies the issue enough that probably only this new law applies, not the previous position. So, after July 1, 2006, only a person with a CPL can borrow a handgun as long as it is properly registered.
To search Michigan Compiled Laws (MCL), visit:
Michigan Compiled Law Search |
| Q: |
I’m an avid boater living in Grand Haven, MI.
It’s not unusual to be confronted by Coast Guard
Personnel in full combat uniform. Once while having
a conversation with a blue shirt I disclosed the fact
that I had a concealed weapons permit and was in fact
carrying a Colt Mustang 380. He looked shocked and
asked if he could see it. I carefully complied.
A friend of mine insists that I did not have to disclose
the fact that I was carrying. I believe I had to because
the Coast Guard is the only armed service of the United
States that has arresting power and the fact that he
had a sidearm (he had just stepped off his zodiac patrol
craft). Am I correct? |
| A: |
You asked a great question that I never thought about.
It is really two questions.
1. Are coast guard personnel “peace officers” so that you
have to immediately disclose that you are carrying
concealed, and;
2. Can a person legally carry concealed in a motorized
boat in Michigan?
The carry concealed statute requires you to disclose that
you have a concealed weapon “immediately” when you
are stopped by a “peace officer”. A peace officer includes
“… an individual who is employed as a law enforcement
officer… by …the United States, and who is required to
carry a firearm in the course of his or her duties as a law
enforcement officer.” The armed Coast Guardsman was a
‘peace officer’ and you had to disclose the fact that you
were armed immediately upon being stopped by him.
The definition of stopped has not been clarified by the
courts. Clearly if you are operating a watercraft are and
stopped by a patrol boat you have to disclose. If you fishing
off one of the large perch boats and the boat is stopped,
you do not have to disclose. The breakpoint is someplace
in the middle and I don’t know where it will be drawn by
the courts.
If on the dock and in casual conversation, I think it is wise
to disclose to the officer that you have a concealed weapon,
even if not legally required to do so.
It is more difficult to say whether it is legal to carry
concealed in a boat. Your CPL authorizes you to carry a
concealed pistol anywhere in the state, “except as otherwise
provided by law”. Michigan law, MCL 324.40111(2) states, “Except as
otherwise provided in this part or in a department order
authorized under section 40107, a person shall not transport
or have in possession a firearm in or upon a vehicle, unless
the firearm is unloaded … in a motorized boat.”
Similar statutes outlaw the carrying of a loaded firearm in
an ORV (MCL 324.81133) or in a snowmobile (MCL
324.82126(1). These statutes were designed to stop
poachers from shooting game from a motor vehicle, motor
boat, ORV or snowmobile. But, their terms do not limit
enforcement to that situation. The DNR has issued a written guidance to its officers not to
enforce the above statutes against anyone with a Concealed
Pistol License unless the person is using the handgun to
hunt from a motor vehicle, boat, ORV or snowmobile. This
has not been formalized into a “department order” so it does
not control anyone but Conservation Officers.
There is no such barrier for any other peace officer. A police
officer or deputy sheriff could arrest you for violation of
the motor vehicle, motor boat, ORV or snowmobile statute.
I believe that the carry concealed statute was intended to
supercede these laws. But it did not do so explicitly.
Hopefully the legislature will correct these contradictions. |
| Q: |
I recently purchased a handgun with my CCW
permit. My question is how many days do I have
to bring my new handgun to the proper authorities
for a safety inspection from the purchase date? |
| A: |
There is no time period specified in the statute. The
“safety inspection” statute was seen as
complementary to the “license to purchase” statute and
that statute requires a person to return the completed
license to the issuing agency within 10 days of the
purchase. I think that the legislature envisioned the safety
inspection being done at that time.
Since you are exempt from the license to purchase
requirements, there is no specified time for the safety
inspection. The law would presume that you must do it
within a “reasonable time”—whatever that is.
I would suggest that you do it within ten days, but that is
advice and not “law”. ! |
| Q: |
My CCW expires this year. What do I have to
do to renew it? Do I have to take the training again. |
| A: |
Effective July 1, 2006, Public Act 92 adds additional information about CPL renewal.
First let me talk about a pet peeve. “‘CCW” refers to
the crime of “Carrying a Concealed Weapon without
a License”. A license to carry a concealed pistol is a
“Concealed Pistol License” CPL.
I receive many questions concerning the process to renew
a concealed pistol license. The renewal process is not as
explicitly set forth in the law as the original application
process. Some things will be constant from county to
county. Some procedures will require that you check with
your own county clerk.
A person who is renewing a license issued under the old
law will have to participate in the eight-hour training
session that the new law requires. A person who has had
the new training only needs a three-hour review and one
hour of range time within the six months before applying
to renew.
There is no requirement that the three-hour review be
formal training. A person could watch NRA video tapes
on gun safety and self-defense, or reread the written
materials you received initially. Because the law has
changed over the past three years, a person should review
the changes. Get the new firearm law booklet from the
clerk.
Some organizations and businesses will be offering a threehour
review. If you want a formal class, check with your
local instructors.
Everyone renewing will have to have his or her fingerprints
taken and checked again.
There is no renewal application form specified in the law.
Some clerks are simply requiring that a renewing applicant
fill out the original application again. Some clerks are
asking the renewing CPL holder swear that he or she has
completed the training and range time. Other clerks want
some written documentation. Check with your local county
clerk before you go.
Plan ahead. The process will take a significant amount of
time because of the fingerprint check. Allow at least two
months. Four months would be better. |
| Q: |
I live in Detroit. Is there any law against keeping
my pistol in an inoperable vehicle I own that I keep
outside my home? I realize that it may not be smart
to keep my gun there, but is it legal? If the gun is stolen
and used in a crime, am I liable for damages? |
| A: |
There is no state law against leaving a loaded gun in
an inoperable car. There may be a Detroit ordinance
against it. If so, it would violate the Michigan firearm
preemption law. However, Detroit might try to enforce it
against you anyway.
As to your liability if it is stolen and used in a crime, the
normal negligence rule is that you are liable for the
foreseeable consequences of your own actions. This is
tempered with the rule that you are not liable for someone
else’s criminal actions.
If I fail to teach my young daughter about guns and leave
my firearm out, and she accidentally shoots a playmate, I
am liable for my negligence in leaving the gun out. However,
a thief could break into my house and steal my pistol. I am
not liable for the thief’s subsequent criminal acts.
You may remember the uproar last year when a child took
a pistol and shot a classmate. This led to some proposed
legislation to make gun owners liable for any improper
use of their guns. None of the bills that would hold a gun
owner strictly liable for the illegal use of their gun became
law. Without the legislation, there is no liability.
What would probably happen is that you would be sued
but after spending a year or two in court, you would be
found not to be liable. Be careful, I am attempting to cover
two semesters of law school into two paragraphs. If you
have specific questions, you should consult a lawyer. |
| Q: |
I was stopped by the state police on my way home
from my sister’s wedding. I had my pistol in the
car with me. I admit I had been drinking, but I did
not think that I was drunk. The trooper took my gun
and arrested me for impaired driving. I know that I am
in trouble, but the trooper said my gun would be
destroyed. What happens now with respect to my gun
and my CPL? |
| A: |
I’m assuming that the pistol was not unloaded, in a
case, in the trunk. That is that you were in fact
unlawfully carrying a pistol.
The statute states that "An individual shall not carry a
concealed pistol 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.
(MCL 28.425k)" The alcohol content that is prohibited is
.02 grams per 100 milliliters of blood. Depending on your
body weight, a person could reach that threshold with one
beer. That is why instructors tell trainees not to drink ANY
alcohol.
Further, "... all pistols, weapons, or devices carried or
possessed contrary to this act are declared forfeited to the
state, and shall be turned over to the director of the
department of state police or his or her designated
representative, for disposal under this section. MCL
28.434)"
There is no requirement that you be charged with, or
convicted of a crime.
Also you should realize that, "If the concealed weapon
licensing board is notified by a law enforcement agency
or prosecuting official that an individual licensed to carry
a concealed pistol is charged with a felony or misdemeanor
as defined in this act, the concealed weapon licensing board
SHALL immediately suspend the individual's license until
there is a final disposition of the charge for that offense
and send notice of that suspension to the individual's last
known address as indicated in the records of the concealed
weapon licensing board." (MCL 28.428)
In other words, yes the State Police can destroy your pistol
and when the prosecuting attorney notifies the concealed
weapon licensing board that you are charged with impaired
driving your CPL will be suspended and may be
revoked. |
| Q: |
Is it legal to carry in US Post Offices? From what I
have read, I understand that the Federal Law says you cannot carry illegally. If you have a CPL in Michigan, then you are carrying legally. |
| A: |
Federal law (18 USC 930) prohibits the possession of
firearms in a federal facility but has some exceptions.
One exception is " (3) the lawful carrying of firearms or other
dangerous weapons in a Federal facility incident to hunting or
other lawful purposes."
I think that subsection 3 exempts lawful CPL holders. I have
argued this with my postmaster and United State Postal Service
inspectors. I have not convinced them. I am not willing to bet
a year of my life in a federal prison that a judge will agree with
me and not them, so I do not carry in a post office.
My best advice is not to carry in a post office unless you and
your postmaster first agree that it is legal. |
| Q: |
Is MCRGO going to work on getting the portion of
the Michigan law removed which says you cannot carry in a county courthouse? |
| A: |
Courthouses are a little complicated. Our system of
government is built upon three separate but equal
branches of government the executive (governor), legislative
and judicial (courts). One branch of government cannot control
what the other branch does.
The legislature passed a law that states that a person
cannot possess a firearm in certain places including courts,
banks, hospitals, etc. (MCL 750.234d). However, that law
exempts CPL holders, police officers, and security guards
from its provisions.
But, the Michigan Supreme Court controls the courts. The
Supreme Court has issued an administrative order requiring all
local courts to have a court security plan. That court security
plan must specify what items are forbidden and who is exempt
from the plan. That is, a court security plan could exempt all
police officers or only state police etc. It could forbid pistols
or it could forbid pistols, knives, nail files etc.
In any event, the security plan must be in writing. You can
inspect the security plan in the courthouse. All the court security
plans that I know of forbid pistols. A violation of the court
security plan is not a crime. It is a violation of a court order
and punishable as contempt of court.
Of course, there are often other offices in the same building as
a court. For example, a county building can contain the court,
the clerk, treasurer, etc. While the Supreme Court can make
rules for the courts, it cannot make rules for the county offices.
The Supreme Court recognizes that “multi-use buildings create
special problems”. “Courts should make all reasonable efforts
to reach agreements with all entities sharing a building. If the
court cannot agree with other tenants and the funding unit, the
court needs to clearly define and secure its space.”
Therefore, the answer is that if a county government is using
the courts as an excuse to forbid concealed carry in the entire
county building. It is wrong. You should go to your county
commissioner and complain.
|
| Q: |
I read in this month’s MCRGO ask the Lawyer
(the drunk driver case), that you cannot carry while
under the influence of a controlled substance.
I take prescription pain pills every day for a bad disk in
my back. My only restriction from my doctor is lifting. I
can drive, work, etc., while on these pills, but the way I
read this, I am not legal. |
| A: |
The law (MCL 28.425k) does not say that a person
cannot have a concealed pistol after taking a controlled
substance. The law says that a person cannot have a concealed
pistol while “under the influence” of a controlled substance.
If the pain medication affects you to the extent that it affects
your ability to walk, talk and reason, you should not be carrying
a weapon. If all it does is reduce your pain, you are not “under
the influence”.
AA. |
| Q: |
One of the places that I cannot carry concealed is,
"An entertainment facility with a seating capacity
of 2,500 or more individuals..." (MCL 28.425o. In a
movie theater complex (example 18 screens) is the
number of seats the total of each individual room or the
total of all rooms combined? |
| A: |
The word "facility" is not defined in the statute. When a word does not have a statutory meaning, the dictionary definition applies. One of the
meanings given for "facility" in the American Heritage dictionary is, "Something
created to serve a particular function."
An entertainment facility is something created to supply entertainment.
Therefore, the 2,500 seating capacity rule applies to the entire movie complex
and not just one theater within the complex. |
| Q: |
What are the rules about being in a car with a pistol? If I stop to go into my son's school and leave my pistol in the car with my wife, is that legal? |
| A: |
. If I am alone in the passenger compartment of car and there is a pistol on the seat next to them, I am in possession of that pistol. If I have a CPL the possession is legal. If I do not have a CPL the possession is illegal.
If I am alone in a car and an unloaded pistol is in a container in the trunk, it does not matter if I have a CPL because the possession is legal either way.
|
| Q: |
I have been told that I cannot loan my pistol to another person. I cannot even hand it to my wife when we are at the range together for her to try it. Is that true? |
| A: |
Effective July 1, 2006, Public Act 75 adds additional information about loaning a pistol to another person.
There is no law against loaning a pistol. The law (MCL 28.421) was amended four years ago to take out the prohibition on loaning a pistol.
While MCL 28.429 states that a person who "comes into possession" of a pistol must present it for safety inspection, no time period is stated in which the inspection must be performed. A person could present it within one day or one year. During that period the person can legally posses the pistol without the green card. In civil law, when no time is stated, a "reasonable time" is presumed. The rule is different for criminal law. In any event the time for presenting the gun for safety inspection is longer than a day at the range or a trip to a shooting meet.
MCL 28.422 requires a person to return a portion of the pistol purchase license to the police within ten days after purchase. This is when the safety inspection is performed in a purchase situation. There is no corresponding provision for a person who "comes into possession" of a pistol by loan.
Sometimes I tell people, who plan to have their spouse's pistol for an extended length of time, to present the pistol for safety inspection. There is nothing in the law that states that more than one person cannot have the pistol safety inspected. In every instance, the person reported back to me that the police refused to inspect the pistol unless there was a sale or transfer of ownership. I simply told them to make a record of their attempt. The record would be good to have if the issue ever arises.
|
| Q: |
My friend went to a wedding reception at a hall in
Ann Arbor. He was not drinking and had his
concealed pistol with him. He had a CPL. Someone called
the police and he was arrested. I thought the prohibition
on carrying a concealed pistol where alcohol was served
was changed to prohibit concealed carry only if the
business receives more than 50 percent of its income
from alcohol. My friend was released after five hours in
jail. Was this right? |
| A: |
No it is not right. I hope your friend has hired a lawyer.
The police officer was clearly wrong. You are correct
that concealed carry is prohibited only where a business
receives more than 50 percent of its income from alcohol sales
(a bar). So your friend was not violating the restrictions on his
CPL.
More importantly, the first violation of the restrictions under
MCL 28.4250 is a civil violation. It is not a crime.
A police officer can only arrest a person for crimes. So even if
your friend was violating his license restrictions he should only
have been issued a ticket. I repeat, I hope your friend has
hired a lawyer. The only way conduct like this will stop is if
law enforcement is held accountable for their illegal actions. |
| Q: |
It's well known that Michigan law requires an individual licensed to carry
a concealed pistol who is stopped by a police officer (traffic stop or otherwise) to immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle. Does this requirement exist outside of Michigan? While on the surface it makes sense to disclose if you're carrying in a state that reciprocates with Michigan law, how about states that do not reciprocate, where you may be merely passing through? In such states, you should properly be transporting and not carrying, but are you still obligated to inform LEOs of the weapon's presence if stopped? I could see where you might be giving up your fifth amendment rights in some circumstances?
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| A: |
Good question-Michigan law requires that you disclose the fact that you have a concealed pistol to a law enforcement officer of this or any other state. If you have an unloaded pistol in a case in the trunk, you need not disclose it. See MCL 28.421 for the definition of the peace officers you must disclose to.
Federal law (18 USC 926A) allows a person to transport an unloaded pistol in the trunk of a car (separate from the ammunition) from any place where the possession of the pistol is legal to any other place where the possession is legal.
If you are in a state that does not grant reciprocity to Michigan CPL's and you have a pistol in the passenger compartment, you could either confess to a local felony or have a possible Michigan civil infraction. In such a situation I counsel silence.
|
| Q: |
I went to troy police department in Oakland county to obtain a purchase permit for a pistol and was denied under MCLA 28.422 because of a alcohol offense with in the last 3 years. Are they allowed to do this. When I lived in Macomb county they never denied me a purchase permit. |
| A: |
I do not believe that the Troy police department acted correctly in denying you a pistol purchase permit. The law (MCL 28.422) states that the police shall issue the permit unless, "... he or she has probable cause to believe that the applicant would be a threat to himself or herself or to other individuals, or would commit an offense with the pistol that would violate a law of this or another state or of the United States."
Probable cause means a belief based upon facts. It is not a suspicion. You conviction of an alcohol related offense does not create probable cause that you are dangerous.
You have two possible ways of attacking the action. 1. You can sue the police.
2. You can go to the mayor or city council and complain about the police action
|
| Q: |
During my CPL class we were told of the requirement to retreat before using deadly force. Upon reading the deadly force laws I cannot find where it states you must retreat before using deadly force. Could you please point me to the law that states you must retreat. |
| A: |
The answer to this question depends on the date. Michigan's new "No Retreat" laws go into effect on October 1, 2006. Prior to this upcoming change, the law stated that generally, you have a duty to retreat before using deadly force. By law, a person must avoid using deadly force if he can safely do so. "Duty to retreat" means that you must attempt to physically escape or evade a confrontation. There were three exceptions to this rule; 1) if you are attacked suddenly and violently, 2) if you cannot retreat safely, 3) if you are in your home or its attached appurtenances.
The new law says you have no duty to retreat, before using deadly or non-deadly force, anywhere you have a legal right to be. Of course, you still may only use deadly force if you are in imminent danger of being killed, seriously injured or sexually assaulted. The new laws are 2006 PA 309 and 2006 PA 313.
Prior to this new legislation, the rules on using deadly force and the "duty to retreat" were case law (common law) based. The new statutes codifies much of the law but also states that except as specifically modified, the common law as it existed on October 1, 2006 remains unchanged.
|
| Q: |
I had a couple of questions I can't seem to get an answer to. First, my son
who has his cpl was stopped by the police and he informed them he was
carrying. The officer asked for his weapon and removed it from him, unloaded
it, AND unloaded the magazine. After the stop (he was just a passenger), the
officer gave hime the weapon an pile of ammo/magazine back to reload
himself. I found this quite unnecessary and was really furious over this. I
saw no reason for this. Secondly, I purchased a long gun at one of the gun
shows and had to have a background check. I asked why and the vendor stated
the at the new law says anyone with a cpl dated BEFORE 2005 did not have to
go through the background check but mine, dated prior to 2005, had to do so.
Is this correct? Doesn't seem right to me. If there is such a ruling, could
you please direct me to it?
|
| A: |
There is no standard way being taught to Michigan law enforcement officers
on how to deal with CPL holders.
The Michigan Commission on Law Enforcement Standards (MCOLES) has not yet
developed uniform training standards for dealing with law-abiding citizens
who are carrying during a traffic stop. This is what I recommend to my
students.
It's a basic rule of firearm safety that we don't hand a loaded gun to
another person. In dealing with a LEO, especially one not used to lawful
citizens carrying, you do NOT want to hand him your gun. Having your gun in
your hand is a dangerous situation for him, and for you (and especially for
other officers arriving as you are handing it over). Allow the officer to
remove it from you; it allows him the control he demands, and it is safer
for everyone.
In fact, I recommend that if an officer instructs someone to hand the
officer a loaded gun, one should offer to let the officer remove it. You
don't want to create a scenario during a traffic stop, where the LEO tells
you to hand over your pistol. His partner's watching from the passenger
side, therefore he can't hear the instruction; the partner sees you pull
your gun. The partner is going to stick his gun in your ear and could ruin
your whole day.
If the LEO repeats his direction that you hand your pistol to him, first
check for the partner or back-up. Then do it, being careful not to (1) put
your finger anywhere near the trigger (2) sweep yourself with the barrel, or
(3) sweep LEO with the barrel. It is nearly impossible in a car to
accomplish all three.
Take off you entire holster if possible and hand over the package. Perhaps
set the pistol down somewhere and step away from it.
I would recommend saying "Officer, I'm uncomfortable handing you a loaded
pistol, but I have no problem if you wish to remove it from me yourself."
It may be impossible to disarm while sitting in car without sweeping someone
with the muzzle.
If the LEO wants to disarm you during the traffic stop, let him. I wouldn't
expect the LEO to reload your gun after the stop. I would expect he would
hand it back unloaded.
On the NICS check issue, recently Michigan State Attorney General Mike Cox
announced that the BATF has approved his request to allow the Michigan
Concealed Pistol License as an alternative to the NICS check when purchasing
a firearm from an FFL dealer using the ATF Form 4473. This ruling becomes
effective on Friday, March 24, 2006. You can read the announcement here.
http://www.atf.treas.gov/firearms/032406openletter-ffl.pdf
Note that "Temporary Licenses" will NOT be considered an alternative to the
NICS check. In addition, this will only apply to CPL licenses that were
issued after November 22, 2005, the date when the new procedural law for
background checks on CPL licenses took effect (HB 4978 or Public Act 242 of
2005). It should also be noted that this alternative to the NICS check is
not just limited to handgun purchases, but applies to long gun purchases as
well!
|
| Q: |
I have a Mi. CPL. Can I carry a concealed pistol in Mi. State Parks? |
| A: |
Yes. The DNR can no longer regulate CPL holders as long as they do not attempt to take game with their firearm. Carrying a pistol in an area frequented by game without a hunting license is allowed if the individual has a concealed weapon permit. Ref: PA 129 & PA 130. The DNR cannot promulgate or enforce a rule that prohibits a CPL holder from carrying on property under the control of the DNR.
Be cautious of legal answers provided on other websites, such as MUCC.org, because they are frequently outdated or wrong. MCRGO is the leader in both the Capitol and the Courts for a reason: our attorneys do their homework!
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| Q: |
I just recieved my permit in Wayne county and the issue date is 07-11-06 and expiration date is 09-28-10. this amounts to 4 yrs 2 mos not 5 years. They apparently decided to change the expire date to your birthday since that is mine. I paid a full fee for 5 years. Can I get a partial refund? |
| A: |
Public Act 184, effective June 19, 2006, changed the way new CPL's are issued/expire.
Sec. 5l. (1) Reads:
A license to carry a concealed pistol issued before July 1, 2003 is valid for 3 years and a license to carry a concealed pistol issued on or after July 1, 2003 but before July 1, 2006 is valid for 5 years, and a license to carry a concealed pistol issued on or after July 1, 2006 is valid until the applicant's date of birth that falls not less than 4 years or more than 5 years after the license is issued. A license that is renewed before the immediately preceding license term expires, but not more than 1 year before the immediately preceding license term expires, shall bear an issue date that is identical to the expiration date of the preceding license. A renewal of a license under section 5b shall, except as provided in this section, be issued in the same manner as an original license issued under section 5b.
Your license, issued after July 1, 2006, expires on your DOB which occurs between the 4th and 5th year. There is no provision in PA 184 for a refund. |
| Q: |
I am a current CPL holder. I bought a new motorcycle and wondered if it's legal to carry my revolver concealed on me while riding the bike. I also wondered if I can store or conceal the revolver in a locked compartment on the bike.
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| A: |
So long as you have a valid, Michigan CPL (Concealed Pistol License), you may carry concealed pistols anywhere in the State of Michigan except for those places listed on the "Pistol Free Areas" list in the statute, or private property where the party in control prohibits weapons in general or asks you specifically not to carry there. Note that the intent of the law is that you should lock your gun in your vehicle when you find yourself about to enter a "Pistol Free Area." (NOTE: I use the quotation marks to indicate that the statute uses the term "Pistol Free Area," but only law-abiding citizens are deterred by the rule.) The question of storage is a question of reasonableness. If you have a compartment on your motorcycle that is secure, you should be fine storing your pistol there. However, if the gun falls into the wrong hands, you could potentially face criminal and civil liability. So, be sure that your method and location of storage pass the "sniff test".
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| Q: |
If a CPL holder is carrying and has to be transported to a hospital, and is conscious, what action should they take to ensure the security of their firearm when they reach the hospital which is a "no-carry" zone?
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I just had this one come up for the first time in class this past Saturday. My answer was that, if a family member cannot take possession of the gun, ambulance companies and hospitals have close relationships with law enforcement and I'm certain that they can arrange for the gun to be taken into "protective custody" until it can be retrieved by the gun owner, or the Personal Representative of his estate. I'm also fairly certain that if if I were unconscious, a law enforcement officer would be called when the gun is found and later returned to me.
Note: In some counties, EMS personnel are trained in what do to with a patient that is carrying. They learn basics on how to remove the gun and unload it. I suppose that if the patient discloses to his caregivers that he has a gun, he is off the hook since he doesn't have the ability to do anything with it (like store it).
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| Q: |
I hold a pilots license and a CPL. What rules apply for carry in a private airplane and on the general aviation portion of an airport. |
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Most all of the rules re firearms and airplanes cover a carrier who is required to do "screening." If you are a private pilot those rules don't apply to you. As the Pilot in Charge, you control whether someone can carry in your plane or not. So it depends on you. As long as you do not go into any secure or screened areas, there are no special rules that I am aware of. FAA does have regs on this. I took a hot air balloon ride a while ago. As long as I had permission from the pilot, I could carry in the balloon basket. |
| Q: |
As I understand the law, If you are a CPL holder and are carrying a handgun, you are required to immediately disclose to a law enforcement officer that you are legally in "possession" of that firearm (whether on your person or not). This is a quote taken directly from the MSP website: "An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle". My question is this: what if that handgun is loaded and is in the passenger compartment of your car and a law enforcement officer approaches you in a parking area, or comes to your place of business or to your home (where your car and that handgun are both located). Are you required by the law to disclose that you are legally possessing a concealed handgun (which by definition of the law, you are), even though that handgun is in your car at that time?
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| A: |
The key word in the language of the statute that you quote from the MSP website is "carrying." The point of the law is that law enforcement officers know, for their own safety, when someone they are dealing with is armed. The drafters of the statute wanted to make it clear that you are still in possession of the gun while you in the car with the gun, even if it is not actually in your pocket or holster. If you are not in your car, and the gun is in your car, you are not "carrying" or in possession of the gun. However, there may be an argument that if it is within your "lunge area," meaning that you can easily reach it in one quick motion, it is in your possession. So, if you are standing right next to your car and there is a gun in the car, and you are "stopped" meaning you are having some kind of official interaction with the officer (as opposed to simply saying "nice day isn't it" as the officer walks by), you should probably disclose. It is always recommended that you disclose when in doubt. There is no negative legal consequence to disclosure. The only negative consequence comes from a failure to disclose.
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| Q: |
I am a MCRGO member. I have a concealed pistol permit (CPL). In the car I frequently stash a pistol out of sight next to me in the car. If I am stopped by the police will I be penalized for not having it unloaded, encased and stashed in the back? I do have a lock box in the back to use if I am gone from the car. This may not satisfy the encased requirement since it is not a gun case, and, do I have to unload it when I leave it in the car?
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If you have a CPL there are no rules on how you must transport it. Do what ever you want. IF you have a CPL, the gun can be loaded. That is the entire purpose of the CPL. You do not have to unload it when you leave it in the car but putting it the lock box would be a good idea. |
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