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Dealing with Restaurants That Serve Alcohol While Carrying Concealed: MCRGO Frequently Asked Question

Michigan Coalition For Responsible Gun Owners

Q: What am I supposed to do if I choose to eat in a restaurant that serves alcohol while I am carrying my concealed pistol?

A: Assuming that you have a valid CPL (Concealed Pistol License), and that the restaurant is not considered a tavern or bar (defined as an establishment that derives more than half of its income from the sale of alcohol by the glass), the other issue is the rights of private property owner or lessor. If the management of the restaurant has a no guns policy that is communicated to you in any reasonable manner, including signage, verbally etc. then you are trespassing if you carry your pistol on the premises. Private property owners have the right to set conditions on your entry onto their private property; and if you violate those conditions, you are trespassing.

If you choose to drink alcohol, and plan to stay below the .08 BAC level and drive yourself, or plan to ride with a sober driver, you must be sure to store your pistol so that you are not carrying it concealed. Essentially, you must put it in what is commonly referred to as “transport mode.”

MCL 28.425k(3) states: “This section does not prohibit an individual licensed under this act to carry a concealed pistol who has any bodily alcohol content from transporting that pistol in the locked trunk of his or her motor vehicle or another motor vehicle in which he or she is a passenger or, if the vehicle does not have a trunk, from transporting that pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol or on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol.”

Keep in mind that, according to the same statue, by accepting your CPL, you have consented to a search of your breath, blood, or urine in exactly the same way that you did when you accepted your Driver’s License: “(1) Acceptance of a license issued under this act to carry a concealed pistol constitutes implied consent to submit to a chemical analysis under this section.” This means that, as long as a law enforcement officer has probable cause, you must submit to such a test for alcohol, or controlled substances. If you refuse, your refusal will be reported to your county gun board and: “(ii) The refusal may result in his or her license to carry a concealed pistol being suspended or revoked.”

So, the mere fact that an establishment happens to serve alcohol does not mean that you cannot be armed there. However, you cannot carry your pistol in a bar. And, you cannot drink while carrying. The statute lays out a BAC level of .02, which is best treated as a zero-tolerance standard.

Steve Dulan (www.StevenWDulan.com) is a member of the Board of Directors of the MCRGO and the MCRGO Foundation, and a member of the Board of Trustees of the MCRGO Foundation. He is an attorney in private practice in East Lansing and Adjunct Professor of firearms law at The Thomas M. Cooley Law School. as well as an NRA Life Member.

About:
The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.

Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation” Visit: www.mcrgo.org

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Open Carry is the Law in Michigan: MCRGO Frequently Asked Gun Owner Questions

Michigan Coalition For Responsible Gun Owners

Q: What is the MCL number for a person being able to openly carry a gun in Michigan?

A: Your question refers to the Michigan Compiled Laws numbering system. All of Michigan’s statutes are available online at www.Legislature.MI.gov. They are organized in a numbering system and all of them begin with “MCL.”

The answer is that the right to carry a gun openly is not actually part of the MCL system. Rather, it is laid out in Article I, Section 6 of the Michigan Constitution, which states: “Every person has a right to keep and bear arms for the defense of himself and the state.” This clause is more clearly worded than the Second Amendment to the United States Constitution: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Because the Michigan provision, adopted almost two centuries after the adoption of the US Constitution, uses the phrase, “defense of himself,” there has never been the level of debate regarding whether the right was an individual right that there was regarding the Second Amendment. For many years during the 20th Century, there was confusion in some jurisdictions brought on by a misunderstanding of the term “Militia” in the Second Amendment. That confusion was cleared up, for the most part, by the US Supreme Court’s decision in the Heller case recently.

For quite some time in Michigan, local units of government attempted to restrict the right to bear arms by passing local ordinances purporting to prohibit open carry. These laws were rendered void in 1990 with the enactment of MCL 123.1102, which became effective in March of 1991 and 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.” This means that the Michigan Constitution, and state statutes, control firearms in Michigan and no city, township, or county can make its own gun laws.

There is another concept in law called the Rule of Lenity, which stands for the proposition that whatever is not prohibited by law is allowed. So, the constitutional right, combined with no state statute prohibiting open carry means that open carry is lawful.

If the gun is concealed, it is subject to the crime of carrying a concealed weapon, commonly referred to as “CCW,” which specifies a prison term of up to five years for carrying a concealed weapon without a license. The only concealed weapon for which a license is available in Michigan is a pistol. So, someone who has a Concealed Pistol License (CPL) may conceal a pistol and not be guilty of the crime of “CCW.”

Open carry is the answer when a CPL holder inadvertently exposes his pistol. As long as he is in a place where he, and his pistol are allowed to be, and he is not threatening a fellow citizen without justification, the fact that the pistol was momentarily unconcealed is of no legal consequence.

Steve Dulan (www.StevenWDulan.com) is a member of the Board of Directors of the MCRGO and the MCRGO Foundation, and a member of the Board of Trustees of the MCRGO Foundation. He is an attorney in private practice in East Lansing and Adjunct Professor of firearms law at The Thomas M. Cooley Law School. as well as an NRA Life Member.

About:
The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.

Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation” Visit: www.mcrgo.org

Filed under: Gun Rights News by AmmoLand 7 Comments »