February 2012 Lawful Concealed Pistol License (CPL) Holders in Michigan

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- The most recent (February 2012) County by County CPL report is now available for download from the Michigan State Police web site.

According to the MSP report, as of February 3, 2012 there were 300,786 concealed pistol license holders in Michigan. Click here to download. MSP

Lawful Concealed Pistol License (CPL) Holders in Michigan.

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

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- – MCL 28.425k covers alcohol. The limit is a BAC (Bodily Alcohol Content) of .02. This is essentially a zero-tolerance standard.

It is much lower than the standard of .08 for driving a car. The law says that you may not carry a conealed pistol if your BAC is at, or above, .02. The penalties get stiffer as the BAC numbers go up:

.02 – .079: Civil infraction, $100 maximum fine. CPL revocation for up to 1 year (note that your local county gun board may elect to treat this as evidence that you are a danger to yourself or others and permanently revoke your CPL.)

.08 – .099: Misdemeanor. 93 days in jail maximum. $100 fine maximum. 3-year CPL revocation.

.10 and above: Misdemeanor. 93 days in jail maximum. $100 fine maximum. Permanent CPL revocation.

The law also contains essentially the same language as the statute controlling the Michigan’s Driver’s License with respect to tests of breath, blood, urine. So, a refusal to provide a sample upon request of a law enforcement officer who has probable cause, results in suspenstion or revocation of your CPL.

The statute also states: “(3) 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.”

So, if you find yourself deciding to have a drink at a holiday party. You may put your pistol in what is commonly referred to as “Transport Mode” and be sure that you stay below the .08 BAC limit for operating a motor vehicle if you are going to drive yourself home.

As always, be safe! Responsible gun owners know that alcohol and gun powder do not mix. The majority of accidental discharge stories begin with a bottle being opened. MCRGO members have an outstanding safety record. Let’s keep it that way.

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

Michigan Concealed Pistol License (CPL)

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- – Q: If I get pulled over by the police while I am lawfully carrying a concealed pistol, is it considered sufficient notice to hand over my Concealed Pistol License (CPL) with my Driver’s License?

A: Maybe not.

MCL 28.425f(3) states: “An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.” The penalty for a first offense includes a $100 fine, and a CPL suspension of up to six months.

In one case, the driver handed his CPL over to the officer who stopped him. He did this because he had been told by a reliable source (an experienced police officer from another jurisdiction) that it is considered dangerous to use the word “gun” when talking to an officer on the road side since officers yell, “Gun!” to one another when a dangerous person displays a firearm. The driver was ticketed for the non-disclosure. In subsequent trial, the dashboard video camera record showed that it was approximately 40 seconds after the officer arrived at the driver’s window that the driver verbally disclosed his concealed pistol.

The court found that the simple act of handing over the CPL was not adequate disclosure and that the 40-second delay before verbally disclosing was not “immediate disclosure.”

So, the only safe course of action if you are pulled over is to make your disclosure as soon as the officer gets up to the window. In order to try to avoid what police officers often refer to as “a heightened sense of awareness.” (their way of saying that they are alarmed or frightened,) you should maintain a calm tone of voice and demeanor and simply tell the officer that you have a valid Concealed Pistol License and that you are carrying. You do not have to use the word “gun.”

Note that the statute does not require you disclose when you have a CPL and are NOT carrying. However, some officers will be alerted to the fact that you have a CPL before they approach your car. You may want to have a brief conversation with the officer even on days when you are not carrying, simply to avoid any confusion or misapprehension.

Note also that it is a good idea to avoid rummaging around in your passenger compartment as the officer is walking up to your vehicle. If it is dark out, turn on your interior lights, turn off your car stereo and keep your hands in plain sight on the wheel until the officer establishes contact. Remember that the police have dangerous job and your interaction will go more smoothly if you show that you are not a threat to the officer’s safety.

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

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- - Q: I am a Michigan CPL holder planning vacation travel by car, and I am planning to bring my pistol along for safety. What are the legal ramifications of traveling with my pistol?

A: According to the US Code, (Title 18, Part I, Chapter 44, Section 926A)

“Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, that in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.”

This means that you can travel with your gun, even through states that don’t allow their citizens to protect themselves, or that do not yet have reciprocal agreements with Michigan, as long as it is legal at both ends of your trip, and you are lawfully in possession of it.

You don’t mention which states you are traveling through or visiting. If you are traveling in states that have concealed pistol reciprocity with Michigan, you must abide by the specifics of concealed pistol in each state that you visit. As the saying goes, “When in Rome, do as the Romans do.” Reciprocity just means that the other state recognizes your CPL as a license in their state. But, the details of concealed carry vary widely from state to state. So, you must research the laws in each state that you intend to visit and be sure to comply.

Even if you are traveling through a state that outlaws self-defense with firearms, such as Illinois, you are allowed to do so by the above federal statute. But, you need to lock it up, either in your trunk, or a locked gun case if you have a van or SUV. And, you must lock up your ammo separately. The best advice is to put such locked cases as far from the driver as possible. Also, it is generally accepted that the storage space behind the tilting bench seat of a traditional two-door pickup truck is inaccessible to the driver.

Review – Michigan’s Handgun Registration Law
Applicable only to individuals who are licensed to carry a concealed pistol in Michigan.

Public Acts 194, 195, and 196 were passed in Jan 2008. The primary change was to MCL 28.422a:

“…(2) If an individual licensed under section 5b purchases or otherwise acquires a pistol, the seller shall complete a record in quadruplicate on a form (RI-060) provided by the department of state police. The record shall include the purchaser’s concealed weapon license number. The purchaser shall sign the record. The seller may retain 1 copy of the record. The purchaser shall receive 3 copies of the record and forward 2 copies to the police department of the city, village, or township in which the purchaser resides, or, if the purchaser does not reside in a city, village, or township having a police department, to the county sheriff, within 10 days following the purchase or acquisition. The return of the copies to the police department or county sheriff may be made in person or may be made by first-class mail or certified mail sent within the 10-day period to the proper address of the police department or county sheriff. A purchaser who fails to comply with the requirements of this subsection is responsible for a state civil infraction and may be fined not more than $250.00. If a purchaser is found responsible for a state civil infraction under this subsection, the court shall notify the department of state police and the concealed weapon licensing board that issued the license of that determination.

(3) Within 48 hours after receiving the record copies returned under subsection (2), the police department or county sheriff shall forward 1 copy of the record to the department of state police. The police department or county sheriff shall retain the other copy of the record as an official record for not less than 6 years. Within 10 days after receiving the record copies returned under subsection (2), the police department or county sheriff shall electronically enter the information into the pistol entry database as required by the department of state police if it has the ability to electronically enter that information. If the police department or county sheriff does not have that ability, the police department or county sheriff shall provide that information to the department of state police in a manner otherwise required by the department of state police. Any police department or county sheriff that provided pistol descriptions to the department of state police under former section 9 of this act shall continue to provide pistol descriptions to the department of state police under this subsection. The purchaser has the right to obtain a copy of the information placed in the pistol entry database under this subsection to verify the accuracy of that information. The police department or county sheriff may charge a fee not to exceed $1.00 for the cost of providing the copy. The purchaser may carry, use, possess, and transport the pistol for 30 days beginning on the date of purchase or acquisition only while he or she is in possession of his or her copy of the record. However, the person is not required to have the record in his or her possession while carrying, using, possessing, or transporting the pistol after this period. …”

Additional Information:
Pistol Registration, Purchase, and Transfer for Michigan Residents
Purchasing and Registering a Pistol in Michigan
Pistol Sales Record – Form RI-060 (10/2008)

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

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- – Q: What is the penalty for carrying a concealed pistol without a concealed pistol license?
A: MCL 750.227 (2) states: “A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license,” and goes on to specify a substantial penalty in paragraph (3): “A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.”

In short, a person who carries a concealed pistol in violation of this section is subject, upon conviction, to a prison term of up to 5 years. Historically, the carrying of a concealed pistol has been punished severely due to the fact that others are not placed on any warning or notice that the individual is armed. Concealment of a pistol was, and is, seen as a criminal act in and of itself, even if no other crime is contemplated or attempted.

The license to carry concealed carries conditions such as completion of a training program that includes relevant legal instruction. Note that no license is required within your own home, on your own land, or in your own place of business.

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.

Q: I am a current CPL holder. I bought a new motorcycle this spring 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?
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”.

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

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- – Responsibilities of Individuals With a Concealed Pistol License

1. An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol 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. Failure to disclose this information to a police officer carries the following penalties:

• First offense = State Civil Infraction – $500 fine and 6-month CPL license suspension.
• Second offense = State Civil Infraction – $1000 fine and CPL license revocation.

2. An individual licensed to carry a concealed pistol shall have the license in his or her possession at all times he or she is carrying a concealed pistol.

• Failure to possess CPL license when carrying a concealed pistol is a State Civil Infraction and a $100.00 fine.

3. Upon request, an individual licensed to carry a concealed pistol shall show both of the following to a police officer:

• His or her license to carry a concealed pistol
• His or her driver license or personal identification card

Failure to show CPL license and Michigan driver license or Michigan personal identification card when carrying a concealed pistol is a State Civil Infraction and $100.00 fine.

4. A pistol carried in violation of numbers 1, 2, or 3 is subject to immediate seizure by a police officer.

If a pistol is seized for failure to possess a CPL while carrying a concealed pistol:

Individual has 45 days in which to display their license to carry a concealed pistol to the law enforcement agency that seized the pistol and the pistol shall be returned.

• If the individual does not display their license to carry a concealed pistol within 45 days the pistol is subject to forfeiture.
• To Ensure safety during police encounters if you are stopped by a law enforcement officer you should:
• Keep your hands where an officer can see them. Cooperate fully with the police officer.
• If you have a gun with you, tell the police officer as soon as possible.
• Do not make any quick movements, especially toward the weapon.
• If in a vehicle at night, turn on your vehicle’s dome light.

In certain circumstances, a law enforcement officer may take temporary possession of the weapon during interaction with the individual to ensure the safety of the officer and others. The police officer will return the pistol at the end of the stop unless the individual is being charged with a violation of the act or any other law that allows for the weapon to be seized.

Frequently Asked Question
Q: Does the prohibition on carrying concealed pistols in schools and on school property (except while in a vehicle on school property while dropping off or picking up if a parent or legal guardian) apply when school is not in session? I often take my children to play on the swings/play structures in the school yard during the summer when school is out and would like to carry on those occasions.

A: MCL 28.425o which prohibits carrying concealed in schools and on school property does not provide an exemption for occasions when school is not in session such as on weekends and during the summer months. Consequently, apart from other exceptions, schools and school property remain “pistol free zones” even when school is not in session or closed.

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

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)-

Population* over 21 years of age = 7,085,405 (data released May 5, 2011)
Licensed CPL holders = 266,967 (as of May 4, 2011)
Adult Population Ratio with CPL’s = 1 in 26.54

*Michigan population data source: Demographic Profile for Michigan 2010 Census – michigan.gov

Frequently Asked Question

Q: Can I allow my CPL to expire and then carry a receipt for payment of the application fee for a new license to prove that one is licensed during the “gap” of time that the new license is issued?

A: No, this is likely a misreading of the statute that could expose one to potential criminal liability.

First of all, the CPL renewal scheme allows one to renew anytime within the year preceding expiration without any loss of time under the old license. It is obvious that this policy is designed to encourage timely renewals of the CPL.

The relevant statute does mention holding onto your receipt along with the expired CPL, but this provision does not apply unless the gun board has failed to meet its 60-day deadline to approve or reject renewals.

Therefore, unless the gun board has failed to meet it’s deadline, it is not lawful to carry a concealed pistol with an expired license whether or not one has a receipt for the new license.

To ensure that one is continuously licensed, one should apply for a renewal no later than 60 days before the expiration of the current license.

MCL 28.425l
(2) The concealed weapon licensing board shall issue or deny issuance of a renewal license within 60 days after the application for renewal is properly submitted. The county clerk shall issue the applicant a receipt for his or her renewal application at the time the application is submitted. The receipt shall contain all of the following:

(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) A statement that the receipt is for a license renewal.
(e) A statement of whether the applicant qualifies for an extension under subsection (3).
(f) The name of the county in which the receipt is issued.
(g) An impression of the county seal.

(3) If the concealed weapon licensing board fails to deny or issue a renewal license to the person within 60 days as required under subsection (2), the expiration date of the current license is extended by 180 days or until the renewal license is issued, whichever occurs first. This subsection does not apply unless the person pays the renewal fee at the time the renewal application is submitted and the person has submitted a receipt from a police agency that confirms that a background check has been requested by the applicant.

(4) A person carrying a concealed pistol after the expiration date of his or her license pursuant to an extension under subsection (3) shall keep the receipt issued by the county clerk under subsection (2) and his or her expired license in his or her possession at all times that he or she is carrying the pistol. For the purposes of this act, the receipt is considered to be part of the license to carry a concealed pistol until a renewal license is issued or denied. Failing to have the receipt and expired license in possession while carrying a concealed pistol or failing to display the receipt to a peace officer upon request is a violation of this act.

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

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- Q: I am a Michigan CPL (Concealed Pistol License) holder. I have been told that I can only carry one pistol and may not carry a back-up gun. Is this true?

A: It is probably not true. MCL 28.425c states that a CPL holder may: “Carry a pistol concealed on or about his or her person anywhere in this state.” I have heard that some instructors of the legal portion of the CPL class are teaching that the words “a pistol” mean that only one pistol may be carried at a time. I disagree. There is a general rule (the rule of lenity) for interpreting law which holds that behavior that is not prohibited is allowed.

Since the law does not prohibit carrying more than one concealed pistol, it is reasonable to interpret the statute as applying to each pistol that a CPL holder chooses to carry.

While not the final word on the matter, the official position of the Michigan State Police agrees with me. In reply to a recent inquiry on this very topic, the MSP replied as follows: “Nothing in Michigan law limits the number of pistols that may be carried by a CPL holder – a CPL holder may carry as many pistols as he or she wishes.”

I believe that this is a correct interpretation of current law.

However, it is possible that some local law enforcement and prosecutors could try to make an issue of this. But, as of this writing, I have not heard of any such cases, and the able staff of clerks and law students who assist me with research have been unable to locate any record of such cases.

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

Michigan Department of Natural Resources

Michigan --(Ammoland.com)- The Michigan Department of Natural Resources and Environment is offering an Introduction to Handgun Shooting class through the Becoming an Outdoors-Woman (BOW) program.

The three-hour class will take place at the Detroit Sportsmen’s Congress in Utica on Monday, Jan. 31 from 7 to 10 p.m.

The class is designed especially for women ages 18 and over to learn basic handgun shooting skills from certified instructors in a safe and comfortable environment.

Participants will learn firearm safety, fundamentals of pistol shooting, ammunition basics and tips on purchasing a handgun. Several different firearms will be set up for handling under certified instructor supervision. This is a basic introductory to handgun shooting class and beginners are welcome.

It is not the course required by law to obtain a concealed pistol license (CPL), but is a great class for those who are new to handgun shooting and may be interested in obtaining a CPL in the future.

Participants will visit the on-site shooting range to practice shooting .22 caliber handguns. Eye and ear protection will also be provided.

The registration deadline is Jan. 24. Register early; class size is limited to 24 participants. A $30 fee is due at the time of registration. For registration forms and information on this and other BOW events, visit www.michigan.gov/bow, email dnr-outdoors-woman@michigan.gov or call 517-241-2225.

Detroit Sportsmen’s Congress is located at 49800 Dequindre Rd. in Utica.

The Department of Natural Resources and Environment is committed to the conservation, protection, management, and accessible use and enjoyment of the state’s environment, natural resources, and related economic interests for current and future generations. Learn more at www.michigan.gov/dnre.

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- One of the interesting things about teaching and practicing gun law is the fact that this area of law is not well-settled.

It is cutting-edge, developing law. For example, readers may be aware that only very recently did the US Supreme Court rule, in McDonald v Chicago, that the Second Amendment applies to the states.

Rather than being the end of the debate, that ruling led to Chicago adopting the most restrictive gun control regime in the United States, which was almost immediately challenged in court. The new case, and others like it, will help to define the outlines of our Second Amendment rights by forcing courts to rule on what restrictions are reasonable.

We have similar issues of Michigan law currently being played out in Michigan courts. One of them is the right of CPL (Concealed Pistol License) Holders to carry openly in places where others are prohibited from possessing firearms.

Back in 1931, Michigan adopted MCL 750.234d which lists places where citizens may not possess firearms.

“(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.”

Note the language “Except as provided in subsection (2).” Well, subsection (2) says:

“(2) This section does not apply to any of the following:

(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.

(b) A peace officer.

(c) A person licensed by this state or another state to carry a concealed weapon.”

So, for quite some time, many in Michigan have concluded that, according to the plain, direct language of MCL 750.234d(2)(c), a person with a valid CPL is not subject to the prohibited list and may carry openly in the places listed. In fact, the Michigan Attorney General issued an opinion stating so and it has been the consistent position for some time of the Michigan State Police that a CPL holder may enter one of these places while openly carrying. The plain language of the law supports such an interpretation. This information is shared via various websites and posted and reposted in places on the Internet where interested citizens discuss these issues.

One of my clients recently learned that there is another interpretation. He was carrying openly in a place that the court ruled is a “sports arena” under subsection (1)(e) of the above statute. We disagree with that interpretation. But, we’ll save that issue for a future discussion (and his appeal.) The court also ruled that the plain language of the statute is not what the law really means. The court adopted the prosecution’s interpretation which basically says that because MCL 28.425c (2) says:

“(2) Subject to section 5o and except as otherwise provided by law, a license to carry a concealed pistol issued by the county concealed weapon licensing board authorizes the licensee to do all of the following:

(a) Carry a pistol concealed on or about his or her person anywhere in this state.

(b) Carry a pistol in a vehicle, whether concealed or not concealed, anywhere in this state.”

that the legislature must really mean that the only exception for CPL holders under MCL 750.234d must be when the CPL holder is carrying concealed and not openly. The court adopted this interpretation, even after being made aware that it is contrary to the relevant official opinion of the Attorney General and other commentators on this issue. My client was found guilty and fined. We are appealing the conviction on a number of grounds, including this specific ruling. However, it should be noted that those who choose to carry openly are subject to a number of practical and legal risks, the full extent of which is not currently clear. Reliance on opinions of law enforcement officers, legislators and others does not mean that a court will not interpret the law differently.

My client in this case was arrested and his gun and ammo were confiscated. He has missed several days of work over a period of months, and has incurred significant legal bills. If not for the generous contribution by the MCRGO Foundation Firearms Civil Rights Defense Fund (www.MCRGOFoundation.org) his bills would have been potentially unmanageable. There have been literally hundreds of pages of legal documents generated so far in this case, and it is likely to continue for several more months as we appeal.

Please consider making a tax-deductible contribution to the MCRGO Foundation to help support this kind of work as we move forward toward clarity in Michigan gun law.

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

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

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

Michigan Coalition For Responsible Gun Owners

Michigan --(AmmoLand.com)-  Members of the MCRGO Board of Directors are among the sponsors of two pending bills that I have been privileged to testify about in recent weeks: HB 5474, which is co-sponsored by MCRGO Director Joel Sheltrown, and SB 747, which lists Senators Alan Cropsey and Randy Richardville among its co-sponsors. Both are MCRGO Directors.

HB 5474 would bring our institutions of higher education into line with the rest of our state by requiring them to follow Michigan law regarding firearms and not allow them to continue to make up their own arbitrary, and dangerous regulations. SB 747 would remove college dorms and classrooms from the Mass Murderer Empowerment Zones list. Both should be seen as common-sense fixes that simply extend the proven and successful public policy that governs the rest of Michigan with regard to gun laws.

Michigan concealed pistol law currently includes a list of places that is often referred to as the “Pistol Free Zones.” Regular readers of this column may recall that I tend to refer to them as the “Mass Murderer Empowerment Zones.” This is because of a clear logical fallacy inherent in the law: the idea that individuals bent on committing violent crimes are in any way deterred by the idea that there may be some regulation or law that also prohibits possession of a gun in the place where they intend to do harm.

By definition, the only group of people who obey such restrictions are law-abiding citizens who have gone through background checks and training and demonstrated competence with their weapons, as well as paid a fee for their licenses. One thing we know about such people is that they are among the most law-abiding of citizens. And, we have the data to back that statement up. The Michigan State Police compiles an annual report listing all crimes committed by CPL holders. The list includes all crimes, not just gun crimes. It shows that we CPL holders (approximately 200,000 of us) have a much lower rate of crime than the general population. This is not surprising at all to those of us who carry. Although, it does tend to surprise some folks who get their information on guns from TV, movies and newspapers. Furthermore, the overall violent crime rate has improved measurably since the advent of “shall issue” CPL’s at the beginning of this decade. The facts are in. More law-abiding citizens carrying guns is a public good.

When evaluating public policy proposals, it is useful to use a risk-utility test that balances potential benefits and potential harms of any course of action. The risk side of the test should consider both the likelihood of the harm occurring and the severity of the harm. In other words, what are the chances that a bad result will happen and how bad will it be? In this case, the actual odds of a Virginia Tech kind of tragedy are admittedly low. However, when such incidents do occur, the severity is extremely high: The deaths of innocent people who have been disarmed by a bad law.

During my testimony, I pointed out that there are approximately 300 million guns in the United States, one for every man, woman and child. We should assume that there are guns anywhere we go. (Excepting, of course “sterile” areas such as airport gate areas etc.) The only question remaining is whether the “good guys” will be armed. Simple logic. Let us hope that it prevails.

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

IllinoisCarry.com

Illinois --(AmmoLand.com)- On Monday, December 7, 2009 IL Farm Bureau delegates gathered in Chicago voted overwhelmingly to support Right to Carry legislation in Illinois.

Earlier in the year Farm Bureau delegates from the White/Edwards County area submitted the issue to be considered by the Farm Bureau Policy and Development committee who then sought input from members on the issue of whether or not Illinois should join the other 48 states in the nation and pass a law providing for the lawful carry of a firearm for personal protection of self and family.

Doug Anderson, White County Farm Bureau manager, reported the majority of those offering input supported the issue which was then placed on the agenda for consideration by the delegates at the annual meeting.

The resolution endorsing Right to Carry passed with a large majority voting in favor of the measure. Right to Carry legislation will now be added to the list of issues Farm Bureau lobbyists will work toward advancing when the General Assembly returns to its regular session in January.

IllinoisCarry is proud our friends in the Farm Bureau see the importance of this issue. We are proud to have worked with them in providing data and background information on the success of Right to Carry in other states. And we are proud to have them join the fight for our right to self-defense in the state of IL!

Welcome, friends, welcome!

About:
The IllinoisCarry forum was started in April 2004. The idea was that Illinois needed a central location to communicate ideas and information regarding 2nd Amendment issues in Illinois. There are many organizations in Illinois working to protect our 2nd Amendment Rights. Working with these groups IllinoisCarry has become the central location for information and Action Alerts. IllinoisCarry will not endorse political candidates. We simply provide information so voters can make informed decisions. Our goal is to join the other 48 states that allow their citizens to carry concealed firearms. We encourage you to register on our forum and join the fight for your 2nd Amendment Rights in Illinois. Visit www.IllinoisCarry.com

Michigan Coalition For Responsible Gun Owners

Michigan --(AmmoLand.com)-The most recent (Nov 2009) County by County CPL report is now available for download from the Michigan State Police web site.

According to the MSP report, as of Nov 3rd, 2009 there were 217,443 concealed pistol license holders in Michigan.

That increases the ranks of law abiding concealed gun owners in Michigan by 3227 defenders.

Click here to download County by County CPL report.

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”

Michigan Coalition For Responsible Gun Owners

Q: What is the recommended course of action in case of an accidental exposure of a concealed firearm in a public place?

A: If you inadvertently expose your weapon and it is seen by others, my recommendation is that you assume that you will be the subject of calls to 911. Many members of the public will assume that you are a law enforcement officer, or will be familiar with Concealed Pistol Licenses and not make an issue out of seeing a gun. However, there are members of the public who will assume the worst and call in “Man (or woman) with a gun!” Such a call can place you in a potentially dangerous, and certainly inconvenient position. Responding officers may approach you as a threat. So, assuming that you are properly licensed and the pistol is registered properly, and that you are in a place where you are authorized to be (not in a so-called “Pistol Free Zone” or trespassing on private property, etc.), I recommend that if someone appears to be concerned and may have called in to 911, that you act as a responsible citizen and call in yourself to clear up any misunderstandings.

I have been on police ride-alongs and seen that officers respond very quickly to gun calls over the radio. Also, I have had clients who were on the wrong side of “dispatcher momentum” and found themselves in stressful situations with police officers pointing weapons at them and shouting orders. I feel that we should try to avoid an “us versus them” mentality when dealing with the police and try to understand that their jobs are stressful, and therefore we should make reasonable attempts to provide dispatchers with correct information.

While open carry is legal in Michigan and police agencies have been doing a better job of training their officers in how to respond to law-abiding armed citizens, in my opinion it is only common sense to try to defuse a potentially dangerous and stressful situation by calling the incident in yourself and cooperating with responding officers, who may ask to see your CPL and your Driver’s License or State ID card.

Of course, I also recommend making wise decisions about carry weapons, holsters, and clothing so that concealed pistols remain concealed. The traditional reason for requiring licensing of concealed pistols is because they give the bearer the element of surprise in case the need arises for a defensive gun use. A “concealed” pistol that is actually visible, whether directly or through clothing, gives up that element of surprise.

You may choose to simply ignore the situation and perhaps no one will call it in to 911. If that happens, be prepared to follow all lawful commands of the responding officers. However, if you do not know the non-emergency number of the local law enforcement agency, or it is after hours, and you call 911. Be sure to immediately tell the dispatcher that your call is not an emergency but that you want to clear up any confusion. In my opinion, this is the responsible thing to do.

Steve is an attorney in private practice in East Lansing, www.StevenWDulan.com, and serves as an adjunct professor teaching firearms law at The Thomas M. Cooley Law School in Lansing, as well as an instructor of the legal portion of CPL classes around the state. He is a current member of the Board of Directors of MCRGO and a member of the Board of Trustees of the MCRGO Foundation and the MCRGO Foundation Firearms Civil Defense Fund.

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

Michigan Coalition For Responsible Gun Owners

Michigan --(AmmoLand.com)- House Bill 5474, co-sponsored by over two dozen house members, including MCRGO Board member, Joel Sheltrown, would extend firearms preemption to college campuses.

This bill, widely viewed as a simple “clean-up” to clarify law statewide, has elicited some heated opposition. The bill would amend MCL Secs. 123.1101, 123.1102, and 123.1103 by adding “Institution of Higher Education” to the list of bodies prohibited from making their own gun law. Current law prevents any “Local unit of government” from making any laws taxing, or regulating “…the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms…”

There has been some debate in the courts regarding whether a college or university would fall within the definition of “local unit of government.” There are other Michigan statutes that do include colleges and universities in the definition of “local unit of government.” But, it has not been completely clear that colleges and universities are prevented from regulating guns under the preemption statute that has been in place since 1990.

The theory behind preemption is simply the idea that it is unfair to create a crazy quilt of patchwork gun laws across the state that could easily result in criminal prosecution of a well-meaning and otherwise law-abiding citizen simply for crossing an invisible line at the border of a county, township, or city. The thought was, and is, that a uniform statewide gun policy should be set by the Michigan legislature, based on Article 1, 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.”

Several arguments have been raised in favor of allowing colleges and universities the right to make their own gun laws.

1. The Michigan Constitution gives colleges the right to control their own campuses and the educational environment. This argument means that the colleges feel that their authority is stronger than the counties, townships, and cities that have been prohibited from making gun law since the current preemption statute was enacted in 1990.
2. The campus police won’t know who is a ‘good guy’ and who is a ‘bad guy’ if they encounter someone with a gun. This argument came up nearly ten years ago when “shall issue” CPLs (Concealed Pistol Licenses) were debated. The rules on disclosure when an armed citizen encounters a police officer are clear and police officers across the state continue to be trained on how to deal with armed citizens. There is nothing new about this issue and no difference between the college environment and the rest of the state in this regard.
3. College campuses are unique because of the large number of young adults and the massive alcohol consumption that results. We fear alcohol-related accidents and crimes.” This argument fails because, as anyone who have ever attended college or spent time near one, knows, most alcohol is consumed off campus in bars and private residences. Those off-campus areas are already controlled by current Michigan law, not whatever rules any given college has created. The current campus regulations are of no effect off campus. No one has been heard to argue that there is a disproportionate rate of alcohol-related accidents or crimes in off-campus areas frequented by college students.

In short, the police chiefs of a few campuses, and some administrators, are rolling out the same old anti-gun arguments that have been proved wrong by nearly a decade of success with armed citizens in Michigan. Responsible gun owners, even younger ones, are simply not a threat. In fact, according to research, even a relatively small number of armed citizens tend to serve as a deterrent to criminal activity.

The Board of Trustees at Michigan State University agrees. They voted recently to allow Michigan law to apply on the campus of MSU.

During the debate, the Michigan Constitution was cited. The Trustees decided that they did not want to have any rules on campus that might conflict with the Michigan Constitution, or create a constitutional crisis by taking a position directly opposite of Michigan law. So, far, the dire predictions of the anti-gunners have not come true.

As expected, campus life continues as before, with the exception that those of us who drive through campus while lawfully armed are no longer in danger of being prosecuted under an obscure university ordinance.

Steve is an attorney in private practice in East Lansing, www.StevenWDulan.com, and serves as an adjunct professor teaching firearms law at The Thomas M. Cooley Law School in Lansing, as well as an instructor of the legal portion of CPL classes around the state. He is a current member of the Board of Directors of MCRGO and a member of the Board of Trustees of the MCRGO Foundation and the MCRGO Foundation Firearms Civil Defense Fund.

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

Michigan Coalition For Responsible Gun Owners

Michigan – -(AmmoLand.com)-My understanding is that Michigan is a “shall issue” state. Does my county gun board have the authority to force me to appear in person to answer questions before they approve my Concealed Pistol License Application?

A: Yes. MCL 28.425a states: “The concealed weapon licensing board may investigate the applicant for a license to carry a concealed pistol. The investigation shall be restricted to determining only whether the applicant is eligible under this act to receive a license to carry a concealed pistol, and the investigation regarding the issuance of a license shall end after that determination is made. The concealed weapon licensing board may require the applicant to appear before the board at a mutually agreed-upon time for a conference. The applicant’s failure or refusal to appear without valid reason before the concealed weapon licensing board as provided in this subsection is grounds for the board to deny issuance of a license to carry a concealed pistol to that applicant.”

So, the County Gun Board may require you to appear and answer questions regarding your eligibility under the “shall issue” law. The Board is under no requirement to do so. Some counties do and some don’t. My understanding is that some county boards simply ask applicants to reaffirm that all the answers on their applications are still true and correct as of the appearance date. This is allowed by the above statute.

Note that each county gun board is made up of the Prosecuting Attorney, the Sheriff, and a member of the State Police (or their designees.) The above-referenced statute also states: “The county prosecuting attorney or his or her designee shall serve as chairperson of the board…”The Prosecuting Attorney of each county is an elected official. The term is 4 years and runs on the same cycle as the U.S. Presidential elections. If you live in a county where the local prosecuting attorney is not respectful of your gun rights under the Michigan and United States Constitutions, you should vote accordingly, and urge others to do likewise.

Bio:
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”

Michigan Coalition For Responsible Gun Owners

Q: Can I allow my CPL to expire and then carry a receipt for payment of the application fee for a new license to prove that one is licensed during the “gap” of time that the new license is issued.

A: No, this is likely a misreading of the statute that could expose one to potential criminal liability.

First of all, the CPL renewal scheme allows one to renew anytime within the year preceding expiration without any loss of time under the old license. It is obvious that this policy is designed to encourage timely renewals of the CPL.

The relevant statute does mention holding onto your receipt along with the expired CPL, but this provision does not apply unless the gun board has failed to meet its 60-day deadline to approve or reject renewals.

Therefore, unless the gun board has failed to meet it’s deadline, it is not lawful to carry a concealed pistol with an expired license whether or not one has a receipt for the new license.

To ensure that one is continuously licensed, one should apply for a renewal no later than 60 days before the expiration of the current license.

MCL 28.425l

(2) The concealed weapon licensing board shall issue or deny issuance of a renewal license within 60 days after the application for renewal is properly submitted. The county clerk shall issue the applicant a receipt for his or her renewal application at the time the application is submitted. The receipt shall contain all of the following:

(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) A statement that the receipt is for a license renewal.
(e) A statement of whether the applicant qualifies for an extension under subsection (3).
(f) The name of the county in which the receipt is issued.
(g) An impression of the county seal.

(3) If the concealed weapon licensing board fails to deny or issue a renewal license to the person within 60 days as required under subsection (2), the expiration date of the current license is extended by 180 days or until the renewal license is issued, whichever occurs first. This subsection does not apply unless the person pays the renewal fee at the time the renewal application is submitted and the person has submitted a receipt from a police agency that confirms that a background check has been requested by the applicant.

(4) A person carrying a concealed pistol after the expiration date of his or her license pursuant to an extension under subsection (3) shall keep the receipt issued by the county clerk under subsection (2) and his or her expired license in his or her possession at all times that he or she is carrying the pistol. For the purposes of this act, the receipt is considered to be part of the license to carry a concealed pistol until a renewal license is issued or denied. Failing to have the receipt and expired license in possession while carrying a concealed pistol or failing to display the receipt to a peace officer upon request is a violation of this act.

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”

Michigan Coalition For Responsible Gun Owners

Michigan - -(AmmoLand.com)- MCRGO Frequently Asked Questions:

MCL 28.425f(3) states: “An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.” The penalty for a first offense includes a $100 fine, and a CPL suspension of up to six months.

Q: If I get pulled over by the police while I am lawfully carrying a concealed pistol, is it considered sufficient notice to hand over my Concealed Pistol License (CPL) with my Driver’s License?

A: Maybe not.

In one recent case, the driver handed his CPL over to the officer who stopped him. He did this because he had been told by a reliable source (an experienced police officer from another jurisdiction) that it is considered dangerous to use the word “gun” when talking to an officer on the road side since officers yell, “Gun!” to one another when a dangerous person displays a firearm. The driver was ticketed for the non-disclosure. In subsequent trial, the dashboard video camera record showed that it was approximately 40 seconds after the officer arrived at the driver’s window that the driver verbally disclosed his concealed pistol.

The court found that the simple act of handing over the CPL was not adequate disclosure and that the 40-second delay before verbally disclosing was not “immediate disclosure.”

So, the only safe course of action if you are pulled over is to make your disclosure as soon as the officer gets up to the window. In order to try to avoid what police officers often refer to as “a heightened sense of awareness.” (their way of saying that they are alarmed or frightened,) you should maintain a calm tone of voice and demeanor and simply tell the officer that you have a valid Concealed Pistol License and that you are carrying. You do not have to use the word “gun.”

Note that the statute does not require you disclose when you have a CPL and are NOT carrying. However, some officers will be alerted to the fact that you have a CPL before they approach your car. You may want to have a brief conversation with the officer even on days when you are not carrying, simply to avoid any confusion or misapprehension.

Note also that it is a good idea to avoid rummaging around in your passenger compartment as the officer is walking up to your vehicle. If it is dark out, turn on your interior lights, turn off your car stereo and keep your hands in plain sight on the wheel until the officer establishes contact. Remember that the police have dangerous job and your interaction will go more smoothly if you show that you are not a threat to the officer’s safety.

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”