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Michigans CC/Open Carry Law --Interesting loophole

Discussion in 'Carry Issues' started by emtp2rn, Mar 4, 2012.

  1. emtp2rn


    Jul 14, 2007

    Michigan does not have a law against open carry, so open carry is legal in Michigan except in designated Pistol Free Zones, unless the person has a concealed weapons license.

    Michigan's Pistol Free zones were declared in law 70 years ago when the first concealed weapons permit were issued, under a may issue environment.

    Fast forward to Michigan becoming shall issue, and the new "Concealed Pistol License" with specification of pistol free zones unless you are in an exempt status (leo, judge, private investigator).

    A loophole was found you cannot conceal carry in any of the pistol free zones, but if you have a CPL you can open carry in the pistol free zones.

    Turns out a school district found out about this the hard way and Michigan State Police had to educate everyone.
  2. xmanhockey7


    Dec 6, 2010
    This have been known for awhile. Most states do not have this "loophole" like we do. For those who are not familiar with the statues relating to this check out "MSP legal update 86" it'll come right up in a google search.

    This part only applies to those who DO NOT have a CPL. People with a CPL are completely exempt and this statue essentially has nothing to do with them. And subsection "h" includes places like Walmart that sell alcohol even though it's not consumed on premises. Also this statue not only applies to open carry. If you are going to the range and stop by Walmart to pick up some ammo you're breaking the law.
    This list applies only to people who have a CPL and are carrying concealed. They must be carrying a concealed pistol to violate this.
    This statue applies to weapons on a school premises. It exempts CPL holders just like 750.234d.

  3. steveksux

    steveksux Massive Member

    Jul 12, 2007
    There's something to that effect on the MSP website, one of their legal update bulletins. #86 I believe...

    That said, depending on where you are, the likelihood of police being aware of it varies greatly.

    Was talking to a cop at the Auto Show this year, and they were told about that at role call, apparently open carriers were relying on this last year for the show, and wanted the cops to be aware and not arrest them unnecessarily. He said it wasn't mentioned this year, and so assumed they found a way around the loophole this year.

    I saw on the tickets it was stated no weapons allowed, so I'm assuming auto show folks (private enterprise) got around it since they notified folks that they did not wish people to carry, rented property (COBO)=private property, and owners can prohibit carry.

    Last edited: Mar 4, 2012
  4. cadillacguns

    cadillacguns Millennium Member

    Jan 20, 1999
    Indianapolis, IN USA
    Then states that have reprocity agreements with Michigan, their citizens who have permits would be complient.
  5. Rustin


    Oct 12, 2011
    Central Ohio
    Law abiding citizens bringing guns into schools and nobody's getting shot? I Wonder what the anti's think about this?
  6. xmanhockey7


    Dec 6, 2010
    Michigan recognizes all resident permits for concealed carry. So yes someone who is visiting could do this too except for schools. Anytime they come within 1,000 feet of a school that person is violating federal law. Also if someone does not have a permit from their home state they can open carry in Michigan in all the places listed under 750.234d (statue does not require a resident permit). Only thing that sucks for them is they have to transport it in the trunk, in a case designed for a firearm.