Can I Change Or Remove The Factory Factory Engraving On My Gun? Image: coltautos.com

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- Q: My pistol has a lot of engraving on it. Meaning, it has the maker’s name, the model name, the caliber, and the serial number in two places. I’d like to have some of this removed by a gunsmith, just for the sake of appearance. Of course, I would not remove the serial numbers. Can I do this legally?

A: MCL 750.230 states: “A person who shall willfully alter, remove, or obliterate the name of the maker, model, manufacturer’s number, or other mark of identity of a pistol or other firearm, shall be guilty of a felony, punishable by imprisonment for not more than 2 years or fine of not more than $1,000.00. Possession of a firearm upon which the number shall have been altered, removed, or obliterated, other than an antique firearm as defined by section 231a(2)(a) or (b), shall be presumptive evidence that the possessor has altered, removed, or obliterated the same.”

So, not only do you have to leave the serial numbers on the pistol. You also have to leave all marks of identity. As you can see above, the penalty for removing any of the information listed is quite severe. Also note that merely possessing a gun that has been unlawfully altered raises the presumption that you did, or ordered, the removal.

So, the only safe course of action I can recommend is to leave all factory engraving intact. I can find no prohibition on adding decorative, or personalized engraving so long as the original factory engraving is left intact.

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 Endowment Member of the NRA.

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)- – 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

No Guns Allowed Sign - Legal Requirements

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- Q: Is there a specific design for the no gun allowed sign?

Does the law say where it has to be placed at a business, such as on the door or adjacent window leading into the business?

A: There are no specifications for “No Guns” or “No Weapons” signs in Michigan law. Under the law, there are two ways for a CPL holder to know that guns are not allowed in a specific location. The first is the list of “Pistol Free Zones” (often colloquially referred to as violent criminal empowerment zones) that we must all memorize, which is part of the CPL statute (Pistol Free Areas).

The second is when the owner or lessor of any real property communicates to us that our guns are not welcome there. That communication must be reasonable in order to be effective. By reasonable, I don’t mean polite. I mean that there is an effective means of communicating to us that we are not welcome so long as we are carrying our guns. This can be done with a sign, verbally, or in some kind of printed material.

For instance, if there is a reasonably-sized and located sign in a retail establishment indicating that guns or weapons are not allowed, that would constitute reasonable notice. If an employee of the same establishment actually tells you that you may not carry on the premises, that would constitute reasonable notice. If your employer has an employee handbook or some kind of printed guidelines, and includes a prohibition on guns and/or weapons, that would constitute reasonable notice.

If you choose to ignore any such reasonable notice, then you become a trespasser rather than a business invitee. Trespass can be punished as a crime and/or in civil court, and could affect your CPL licensing status.

This information is provided by The Law Offices of Steven W. Dulan, PLC (www.stevenwdulan.com) This answer is intended as general information and should not be relied upon as legal advice for any specific situation or case. The facts of each case vary and you should consult an attorney whenever you have specific questions.

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)- A: You should first be certain that the threat is removed before you lower your guard.

Then, call 911 and say that there has been a shooting. Describe the immediate need for ambulance and police (and fire department if applicable).

Tell the 911 operator where you are, how many people are wounded etc. Do not have your gun in your hand when police arrive unless you absolutely must hold someone at gun point.

In either case, make sure that you describe yourself and your clothing. Fight the urge to start telling your story and stick to the relevant facts that the emergency responders need to do their jobs. Even if an individual was attacking you only moments before, once the threat is removed, you should do the responsible thing and promptly call 911 so that aid can be rendered. Remember that your goal is not to kill, but to protect yourself or others from a credible threat of death, great bodily harm that could lead to death, or rape.

If you effectively use your firearm, the death of the attacker(s) will probably be the result and a homicide investigation will be undertaken.

If possible, call 911 as the situation develops and create an audio record of any warnings that you give to your assailants such as “I have a gun, leave here now!” or words to that effect.

Since the expansion of the Castle Doctrine in Michigan, it is now far less likely that you will be arrested as a matter of routine. Whether you are arrested or not, there will be questions from police, whose job it is to determine what happened. Not surprisingly, I recommend that you exercise your 5th Amendment right to remain silent and also invoke your right to have counsel present during any questioning. You should answer basic questions asked in the interests of safety such as “Where is he?” “Where is the gun?” “What is your name?” “Are you hit?” etc., but I do not recommend that you discuss details until you’ve had a chance to reflect and calm down.

Even if you are not arrested, your gun and other items will probably be taken into custody as evidence. Eventually, your property will be returned to you. It should go without saying, but: do not, under any circumstances, tamper with evidence, or attempt to “stage” the scene in any way. As you are no doubt aware, any such efforts will probably be discovered and are likely to lead to disturbing questions about the legitimacy of any claims of self-defense. See the Printable Self-Defense Guideline Card below.

If you are arrested, continue to exercise your right to remain silent until you have an opportunity to consult with a lawyer. I, personally, have family and very good friends who are law enforcement officers. I believe that most police officers are good people with tons of common sense. However, their role is not to be your advocate in these situations. Make sure that you have someone in your corner before engaging professionals in very serious conversations that could determine your future.

This information is provided by The Law Offices of Steven W. Dulan, PLC (www.stevenwdulan.com) This answer is intended as general information and should not be relied upon as legal advice for any specific situation or case. The facts of each case vary and you should consult an attorney whenever you have specific questions.

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)- This afternoon, I was honored to be among those who attended a memorial service for Dan Barch today in East Lansing, including several MCRGO leaders, past and present.

Dan was very active in MCRGO. He was a CPA and handled financial and administrative matters at MCRGO Headquarters for many years. Dan’s wife, Joan, was especially gracious and mentioned to those assembled how MCRGO was the major focus of Dan’s life in his last few years as he battled cancer. Dan was a tireless defender of firearms rights, a hunter and a competitive target shooter. In fact, his service was the occasion for his rabbi to utter the words “Cowboy Action Shooting” for the first time in her career, which brought a light moment of laughter to grieving family and friends.

On display in the hall afterwards, among pictures and other memoribilia, was the special plaque awarded to Dan by the Board of Directors and presented to him before his death by our Executive Director, Chuck Perricone, and his wife, Audrey, while Dan was in Hospice care. The plaque commemorates many years of faithful service.

During my last visit with Dan in hospice, shortly before he passed away, he was suffering from the effects of brain cancer and the treatments that had been prescribed. He was unable to handle too much information, and his memory was unreliable. But, he wanted to talk about the M1 Garand. I did my best to keep up. He was sharp and focused, and essentially taught me a class right there from his hospital bed. He was, like most of those who read this newsletter, a true shooter and aficianado.

We have lost a patriot, a fighter for our rights, a friend, and a shooter.

Joan, Dan’s wife, is planning to make a significant donation in ammunition and firearms to the MCRGO Foundation (www.MCRGOFoundation.org) so that his legacy will be the continuation of his life’s work. We will continue to benefit from Dan’s friendship and efforts in the future.

- Steve Dulan

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

Briefcase AR15 Rifle - Planes, Trains and Guns

Michigan Coalition For Responsible Gun Owners

Michigan --(Ammoland.com)- Q: I’m vacationing this summer. How do I transport my handgun and ammunition on a commercial airline or Amtrak rail?

Answer – air travel: You may only transport firearms, ammunition and firearm parts in your checked baggage. Firearms, ammunition and firearm parts are prohibited from carry-on baggage.

The key regulatory requirements to transporting firearms, firearm parts or ammunition in checked baggage are:

• You must declare all firearms to the airline during the ticket counter check-in process.
• The firearm must be unloaded.
• The firearm must be in a hard-sided container.
• The container must be locked.
• We recommend that you provide the key or combination to the security officer if he or she needs to open the container. You should remain present during screening to take the key back after the container is cleared. If you are not present and the security officer must open the container, we or the airline will make a reasonable attempt to contact you. If we can’t contact you, the container will not be placed on the plane. Federal regulations prohibit unlocked gun cases (or cases with broken locks) on aircraft.
• You must securely pack any ammunition in fiber (such as cardboard), wood or metal boxes or other packaging that is specifically designed to carry small amounts of ammunition.
• You can’t use firearm magazines/clips for packing ammunition unless they completely and securely enclose the ammunition (e.g., by securely covering the exposed portions of the magazine or by securely placing the magazine in a pouch, holder, holster or lanyard).
• You may carry the ammunition in the same hard-sided case as the firearm, as long as you pack it as described above.
• You can’t bring black powder or percussion caps used with black-powder type firearms in either your carry-on or checked baggage.

For more info: Air Travel with Firearms & Ammunition — Transportation Security Administration

Answer – Amtrak rail: Amtrak will accept reservations of firearms and ammunition for carriage between Amtrak stations and on Amtrak trains within the United States that offer checked baggage service. Thruway Bus Services will not be included in this service change.

The following policies are in effect:

• Notification that the passenger will be checking firearms/ammunition must be made no later than 24 hours before train departure by calling Amtrak at 800-USA-RAIL. Online reservations for firearms/ammunition are not accepted.
• The passengers must travel on the same train that is transporting the checked firearms and/or ammunition.
• All firearms and/or ammunition must be checked at least 30 minutes prior to scheduled train departure. Some larger stations require that baggage be checked earlier. Please contact your departure station for more details.
• All firearms (rifles, shotguns, handguns, starter pistols) must be unloaded and in an approved, locked hard-sided container not exceeding 62″ L x 17″ W x 7″ D (1575 mm x 432 mm x 178 mm). The passenger must have sole possession of the key or the combination for the lock to the container. The weight of the container may not exceed 50 lb/23 kg.
• Smaller locked, hard-sided containers containing smaller unloaded firearms such as handguns and starter pistols must be securely stored within a suitcase or other item of checked baggage, but the existence of such a firearm must be declared.
• All ammunition carried must be securely packed in the original manufacturer’s container; in fiber, wood, or metal boxes; or in other packaging specifically designed to carry small amounts of ammunition. The maximum weight of all ammunition and containers may not exceed 11 lb/5 kg.
• The passenger is responsible for knowing and following all federal, state, and local firearm laws at all jurisdictions to and through which he or she will be travelling.
• All other Amtrak checked baggage policies apply, including limits on the number of pieces of checked baggage, the maximum weight of each piece (50 lb/23 kg).
• Firearms/ammunition may not be carried in carry-on baggage; therefore, checked baggage must be available on all trains and at all stations in the passenger’s itinerary.
• At the time of check-in, passengers will be required to complete and sign a two-part Declaration Form.
• BB guns and Compressed Air Guns (to include paintball markers), are to be treated as firearms and must comply with the above firearms policy. Canisters, tanks, or other devices containing propellants must be emptied prior to checking and securely packaged within the contents of the passenger’s luggage.

Passengers failing to meet the above-mentioned requirements for checking firearms will be denied transportation.

Passengers wanting to make firearms declaration in writing should use the Contact Us page and click on “Checked Firearms Program” from the subject selection menu and follow guidance.

For more info: Rail travel with Firearms in Checked Baggage

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: Are hollow-point bullets illegal for personal defense? What about laser sighting devices?

A: There is no statutory restriction on the type of ammo that you can carry in your personal defense weapon. Nor is there any prohibition on sighting devices. There may be some potential concerns about jury perception if you ever have to use your gun in self-defense and find yourself facing charges. (This is much less likely to occur at this point in history than prior to the enactment of Public Act 311 of 2006 [MCL 780.951] which created presumptions that deadly force is appropriate in certain situations and also created qualified immunity to those who use force in legitimate self defense.)

There have been examples of prosecutors focusing on the hardware used by defendants. They try to overcome the self-defense argument by painting a picture of the armed citizen as blood-thirsty. In one particular case in another state, the defendant used a certain brand of hollow-point ammo that came in a box featuring a picture of a hawk or eagle talon. It appears that the tactic was successful and contributed to the conviction of an armed citizen who argued that he fired to save his life. I’m told that the particular brand of ammo in question has changed it’s name and packaging.

Are Hollow-Point Bullets Illegal For Personal Defense

Many law-enforcement agencies use hollow-point ammunition. There are some famous brands that are well-known as “good guy” ammo, and a prosecutor would have a hard time making the case that one who carries the same ammo in his or her personal defense weapon is being unreasonable. In my opinion, there is no reason not to carry effective personal defense ammunition.

The same is true of laser sights in my opinion. The technology is mature, widely available, and considered effective by tactical experts. From a legal standpoint, the key is to make sure that any use of force is justified by necessity and that you control your weapon. Insofar as a laser helps with control, it seems to me that it is more likely to help a self-defense shooter avoid liability than create perception issues in the event of a jury trial.

I have personally recommended hollow-point ammo and laser sights to family and friends, and will continue to do so.

On a related topic: I have run across examples of engraving on guns, and more than one tattoo, that might lead to extra challenges for a defense attorney. For example, engraving “Widowmaker” on your personal defense gun, or “Make my day” on your arm is certainly bound to give any jury member the impression that you are something less than a responsible citizen who hopes to never face the necessity of shooting in self defense.

This information is provided by The Law Offices of Steven W. Dulan, PLC (www.stevenwdulan.com) This answer is intended as general information and should not be relied upon as legal advice for any specific situation or case. The facts of each case vary and you should consult an attorney whenever you have specific questions.

Did you Know? In the 4 years (1997-2000) prior to Michigan becoming “shall-issue”, reported incidents of crime averaged 4,509 per 100,000 people per year. In the 4 years after, (2002-2005), reported incidents of crime in Michigan fell 17% to an average of 3,717.

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)- Recently a bill was introduced in Michigan to repeal the pistol free zones that were part of the Concealed Pistol Act that was passed in 2000 and became effective in 2001.

I am going to advocate for repeal of the statute imposing the pistol free zones because the law fails to accomplish its essential purpose. After all, that is the best way to evaluate the effectiveness of any law.

What was the essential purpose of the pistol free zones? Presumably the purpose of “pistol free zones” is that prohibiting the presence of guns would prevent crimes committed with guns. Supposedly it would make these certain areas safe since no guns were allowed or present. Let’s take a look at that.

Say, I am a crazed, evil or unbalanced criminal who preys on innocent people and the voices in my head are telling me to go a school or hospital and kill as many people as possible. Is a paper gun law on “pistol free zones” going to stop me? Of course not. By definition criminals don’t obey our laws. Many of the high profile shootings in the past years have been in supposed “gun free zones.” Not only does this prove the point that these laws do not provide any real safety, it causes us to speculate if the bad guys consciously chose these places because they know there would be no armed resistance to whatever plan they want to carry out. If so, the law makes us less safe, not more safe.

So this law fails in its essential purpose of preventing criminals from bringing guns to places on the pistol free zone list and it fails to keep these areas safe.

But there is more this time, this law fails a second time because it prevents law abiding citizens, “good guys,” from being in a position to defend themselves and/or stop the bad guy from carrying out his intent. So it fails twice.

There are and have been laws on the books against murder and assault. If paper laws worked, these should be enough to prevent shootings. More laws are not going to stop criminals.

Michigan has more listed pistol free zones than do most other states. Many states don’t have any restricted areas at all. Concealed pistol license holders are a very law abiding group and can be trusted to act properly. Michigan law also allows a concealed pistol license holder to carry openly in most of the pistol free zones. The list is really intended to placate certain well meaning but misguided legislators back in 2000. It is time to get rid of the pistol free zones.

David Bieganowski is an attorney in Traverse City and an expert on firearms laws. He is an NRA certified firearms instructor, former Marine, and presently sits on the Grand Traverse County Concealed Weapons Licensing Board.

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)- The following Bills are not yet law. They must be passed by both House and Senate then signed into law by the Governor.

House Bills 4009 & 4010 (introduced Jan 2011): Eliminates the list of specified premises (pistol free zones) on which a person licensed to carry a concealed weapon may not carry that weapon and removes the crime of carrying a concealed weapon in a prohibited place.

Senate Bills 0057 & 0058 introduced Jan 2011): Eliminates the list of specified premises (pistol free zones) on which a person licensed to carry a concealed weapon may not carry that weapon and removes the crime of carrying a concealed weapon in a prohibited place.

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)- As responsible gun owners we know that guns are not toys and should never be touched by children outside of tightly-supervised training conducted by safety-conscious adults.

Most readers at AmmoLand are NRA members and may be familiar with the Eddie Eagle GunSafe® Program. Eddie Eagle has been teaching gun safety to younger children (over 21 million so far) since 1988.

Although, in the past, it has been criticized by anti-gun groups as “pro-gun propaganda,” the program does not advocate gun ownership or use. In fact, the rules state that Eddie cannot appear anywhere guns are present.

In the cartoon video, he is never shown holding a gun, or advocating gun use or ownership.

The program simply tells children to follow four simple steps if they encounter a gun unexpectedly: “Stop! Don’t touch! Leave the area! Tell an adult!” Because this is aimed at younger kids (Pre-K through 3rd grade), there is a song and a dance built into the presentation to help reinforce the message.

Simply put, the program might help save the lives of children whose natural curiosity leads them to touch, and experiment with, interesting things they find. It certainly cannot hurt for this training to be available to them.

Because of the common-sense message of the Eddie Eagle program, a bill allowing and encouraging its use state-wide in both public and charter schools passed both houses of the Michigan legislature by wide margins with bi-partisan support.

Now, all that is needed is the Governor’s signature for SB 1402 to become law.

The full text of the bill is included below:

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
SEC. 1163.

(1) NOT LATER THAN 1 AUGUST 1, 2011, THE DEPARTMENT SHALL DEVELOP OR ADOPT, AND SHALL MAKE AVAILABLE TO SCHOOLS, 1 OR MORE MODEL PROGRAMS FOR GUN SAFETY INSTRUCTION FOR ELEMENTARY SCHOOL PUPILS. THE MODEL PROGRAM SHALL ADOPT OR BE BASED ON THE “EDDIE EAGLE” GUNSAFE ACCIDENT PREVENTION PROGRAM DEVELOPED BY THE NATIONAL RIFLE ASSOCIATION.

(2) EACH SCHOOL DISTRICT AND PUBLIC SCHOOL ACADEMY IS ENCOURAGED TO ADOPT AND IMPLEMENT THE MODEL GUN SAFETY INSTRUCTION PROGRAM DEVELOPED UNDER SUBSECTION (1) IN AT LEAST GRADE 3 BEGINNING IN THE 2011-2012 SCHOOL YEAR.

Governor Granholm can be reached by phone at (517) 335-7858 should you wish to urge her to sign SB 1402.

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

Someone who has a Concealed Pistol License (CPL) may conceal a pistol and not be guilty of the crime of "CCW."

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- 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

Mini-14/30 Folding Stock Style Rifle

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- Q: I have a rifle with a folding stock. I understand that it is legal under federal law since the so-called “Assault Rifle Ban” expired in 2004. But, I’ve been told that I should register the gun as a pistol in Michigan. Is this true?

A: The answer to the question of legality under federal law depends solely on barrel length. The answer to whether a given gun is legal in Michigan is a bit more complicated.

At the federal level, the National Firearms Act (NFA), which has been around since the 1930′s, arbitrarily set the limits at 16 inches for a rifle and 18 inches for a shotgun. The reasons are lost in the mists of time. But, the law remains.

So, you are in violation of federal law if you are in possession of a rifle (with any type of shoulder stock) that has a barrel of less than 16 inches, unless you’ve applied for, and received, an appropriate tax document. (The length measurement has been construed by ATF to include any flash suppressor or muzzle brake that is permanently attached.) The same is true of any shotgun with a barrel of less than 18″.

Under the more-restrictive Michigan law, any gun with an overall length of less than 30 inches is a pistol, and must be licensed and registered (the so-called “safety inspection”). Back in 1985, then Attorney General Frank Kelly issued Opinion No. 6280 (interpreting MCL 28.419 and MCL 28.421 et seq, as well as MCL 750.224b et seq) It states that if a folding-stock weapon is capable of functioning at a length less than 30 inches, it is a pistol. This applies even though the gun may have a stock attached, and therefore would not be considered a pistol under federal law.

Furthermore, if the gun is capable of functioning at a length less than 26 inches, it is considered a “short-barreled” rifle or shotgun, even if the barrel itself meets the minimum federal length requirements under federal law as noted above. “Short-barreled” rifles and “short-barreled” shotguns are illegal in Michigan. Manufacturing, selling or possessing them is a felony punishable by imprisonment of up to 5 years and/or a fine of up to $2,500.

To sum up: The magic numbers under federal law are minimum barrel lengths of 16 inches for a rifle and 18 inches for a shotgun. The magic numbers for Michigan are overall length requirements: Under 30 inches folded, and still able to shoot, register it as a pistol. But, under no circumstances can your gun be able to operate at a length of less than 26 inches if it has any kind of shoulder stock attached to it, folded or not.

Of course, there is no minimum size for a pistol that has no shoulder stock and is properly registered as a pistol.

This information is provided by The Law Offices of Steven W. Dulan, PLC , www.StevenWDulan.com . These answers are intended as general information only and should not be relied upon as legal advice for any specific situation or case. The facts of each case vary and you should consult an attorney whenever you have specific questions.

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

Guns And Planes - How Do I Get Mine On One?

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- Gun Owner Frequently Asked Questions Q: I’m vacationing in Florida this season. How do I transport my handgun and ammunition on a commercial airline flight? A: You may only transport firearms, ammunition and firearm parts in your checked baggage. Firearms, ammunition and firearm parts are prohibited from carry-on baggage. The key regulatory requirements to transporting firearms, firearm parts or ammunition in checked baggage are:

• You must declare all firearms to the airline during the ticket counter check-in process.
• The firearm must be unloaded.
• The firearm must be in a hard-sided container.
• The container must be locked.
• We recommend that you provide the key or combination to the security officer if he or she needs to open the container. You should remain present during screening to take the key back after the container is cleared. If you are not present and the security officer must open the container, we or the airline will make a reasonable attempt to contact you. If we can’t contact you, the container will not be placed on the plane. Federal regulations prohibit unlocked gun cases (or cases with broken locks) on aircraft.
• You must securely pack any ammunition in fiber (such as cardboard), wood or metal boxes or other packaging that is specifically designed to carry small amounts of ammunition.
• You can’t use firearm magazines/clips for packing ammunition unless they completely and securely enclose the ammunition (e.g., by securely covering the exposed portions of the magazine or by securely placing the magazine in a pouch, holder, holster or lanyard).
• You may carry the ammunition in the same hard-sided case as the firearm, as long as you pack it as described above.
• You can’t bring black powder or percussion caps used with black-powder type firearms in either your carry-on or checked baggage.

More Info: Traveling with Firearms & Ammunition — Transportation Security Administration (TSA) Q: My understanding is that airports are under federal jurisdiction and so, if I run into some kind of trouble with transporting a gun on an airplane, I’ll be dealing with federal authorities rather than state or local authorities. Is this true? A: While the United States, in the form of the FAA (Federal Aviation Administration) and the TSA (Transportation Safety Authority), has the bulk of control over airports and airlines, state law is still involved in some aspects of air travel. For example, MCL 259.80f (PA 327 of 1945 as amended) is part of the Aeronautics Code of the State of Michigan and covers possessing, carrying, or attempting to possess certain dangerous items within the sterile areas of a commercial airport. The statute lists prohibited items, which include firearms, knives, box cutters, and any “dangerous weapon,” among others. The penalties are vastly different for possessing in a sterile area of the airport and actually boarding the plane or getting the item onto the plane: Possessing in the sterile area is a misdemeanor which can result in a jail term of up to 1 year and/or a fine of up to $1000. However, if the violation of this section is during the course of committing any felony, or while boarding, or attempting to board an aircraft, or the prohibited item is placed on the aircraft or the defendant attempts to place the item on the aircraft, the maximum penalty is raised to up to 10 years in prison and/or a fine of up to $10,000. Of course, there are exceptions for police, certain active duty military personnel during the course of their duties, and other authorized security personnel etc. The real “teeth” of this statute come from the fact that a defendant may be charged with any other violation of state or federal law in addition to this charge and the sentences may be ordered to run consecutively. Meaning that, in addition to any other penalty that might be imposed for any other violation, the penalties imposed under this statute may be “tacked on,” extending the prison term of a convicted defendant significantly. So, when you are traveling by air, you are subject to overlapping federal and state jurisdictions. Pay close attention to the items that you have with you when you leave home for the airport. There have been a few high-profile cases recently where individuals claimed that they “forgot” that they were carrying firearms with them. Also, some shooters have bags that double as range bags and carry-on luggage. This seems to be a bad idea since I’ve received conflicting information about whether the swabs that TSA personnel do for explosives can detect gun powder residue that might be transferred to the outside of the bag from your hands or gloves after a range session. Even if you are cleared, such issues can easily lead to travel delays at best and possibly more serious legal issues.

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)- 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

Michigan - -(Ammoland.com)- On June 27, 2005 in the case of Castle Rock v. Gonzales, the Supreme Court found that Jessica Gonzales did not have a constitutional right to police protection even in the presence of a restraining order. By a vote of 7-to-2, the Supreme Court ruled that Gonzales has no right to sue her local police department for failing to protect her and her children from her estranged husband.

The post-mortem discussion on Gonzales has been fiery but it has missed an obvious point. If the government won’t protect you, then you have to take responsibility for your own self-defense and that of your family.

The court’s ruling is a sad decision, but one that every victim and/or potential victim of violence must note: calling the police is not enough.

No Constitutional Right To Police Protection

You must also be ready to defend yourself … foxnews.com

No matter what some people would say, being a victim isn’t noble or morally superior to being a capable survivor.

Predators who select victims based on the expected inability to resist, often desist when even a small number of the expected easy marks give them trouble. For example, where even a few women are known to be armed, all women benefit from the reduction in attempted rapes and other violent crimes. That no external differences indicate which person is defenseless and which isn’t makes all of us safer.

When a threat to your safety comes from a hostile human, it is unrealistic to expect that an assault would be postponed long enough to let you call for help.

Police Response Time

Percent distribution of incidents where police came to the victim, by police response time and type of crime. source: U.S. Dept of Justice National Criminal Victimization Survey, 2007. (see table below)

*Crimes of violence includes data on rape and sexual assault.

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)- On Tuesday of this week, the Michigan House of Representatives Committee on Tourism, Outdoor Recreation and Natural Resources will hold hearings on, among other measures, HB 5972 and 5973.

The full text of these bills is available at www.legislature.mi.gov. The bills are either sponsored or co-sponsored by the Chairman of the committee, Joel Sheltrown, who is also a sitting member of the Board of Directors of the MCRGO.

The effect of these bills would be to do away with the onerous and ridiculous Pistol Purchase Permit system. The bills would let stand the current system of pistol registration. However, there would be no more need to visit local law enforcement and obtain a purchase permit prior to buying a new pistol. Michigan is among a small minority of states that have such a requirement.

This is a common-sense change to Michigan law. As most readers of this article are aware, there is a federal requirement that all buyers who purchase any gun from a federally licensed dealer (FFL) be required to go through the National Instant Check System (NICS) prior to completing the purchase. The NICS database contains the names and other identifying information of all individuals who have been reported by their states to be ineligible to purchase guns for reasons such as felony convictions or having been adjudicated mentally incompetent.

Since registration of pistols is still required, and the only way for a pistol owner to be sure that his name is taken off of a gun that he is selling, is to ensure that the purchaser properly registers it, this change will not affect law enforcement’s ability to ensure that all currently registered pistols are sold only to eligible buyers.

The current system is wasteful of time and other resources for both citizens and government agencies and effectively serves no purpose whatsoever. These are both good bills and should be passed. You can contact your state representatives and senators by using the below links:

Find Your Representative — Find Your Senator

Please let them know that you support this change to Michigan law. It will end up saving time, money and inconvenience on the part of all concerned.

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 have read about the nightmare of gun seizures that occurred in New Orleans directly after Hurricane Katrina in 2005. What guarantees do we have that such an abuse of power cannot take place here in Michigan?

A: MCL 10.31 (Public Act 302 of 1945), entitled: “Emergency Powers of the Governor,” states in Section 1 that,”During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state, or reasonable apprehension of immediate danger of a public emergency of that kind, when public safety is imperiled, either upon application of the mayor of a city, sheriff of a county, or the commissioner of the Michigan state police or upon his or her own volition, the governor may proclaim a state of emergency and designate the area involved.”

The powers granted in 1945 when the law was enacted are quite broad and do include “…control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety.”

New Orleans Style Gun Seizures

However, the law was amended in 2006 (Public Acts 545 & 546) with the full support and cooperation of MCRGO, to include Subsection (3), which states: “(3) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms, ammunition, or other weapons.”

So, the Governor of Michigan does not have the legal authority to seize otherwise lawfully owned guns or ammunition from citizens, even during a properly declared emergency.

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

Virtue and the Right to Keep and Bear Arms

Michigan Coalition For Responsible Gun Owners

Lansing, MI --(AmmoLand.com)- For years I’ve tried to understand why many well-intentioned, otherwise intelligent political leaders try so hard to disarm their constituents.

It just never made sense to me. Then I started reading the founding fathers and it all became clear.

Denying citizens the right to keep and bear arms has less to do with intelligence and more to do with virtue. Benjamin Franklin made that clear with this statement:

“Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters.”

Most of our founding fathers believed that the best way to ensure the right to keep and bear arms as well as our other civil rights was for Americans to elect virtuous people as their leaders. In fact, it was George Washington, the Father of Our Country who pointed out that the United States Constitution was the palladium of human rights, but it could only survive so long as there remained any virtue in the body of the people.

In order to get a better handle on it, I looked up the definition of the word “virtuous” just to make sure I wasn’t misunderstanding.

Virtuous (adjective) – conforming to moral and ethical principles; morally excellent; upright:

Yep. That’s what I thought it meant. So that must mean in order to maintain our Second Amendment freedoms, then we have to elect leaders who know the difference between basic right and wrong. That means no bribing, no lying, no stealing, no cheating, and no selfishness. Oops! We just lost half the government on both sides of the aisle.

And then I got to thinking about it some more.

Who is responsible for the dishonest people we elect to office?

It’s us. We did it, either through action or inaction. The buck stops here. So, if we elect people to office with no virtue (over and over and over again) why should we be surprised when they assume we don’t care about right and wrong? One of my favorite sayings is: “What we allow, we teach.” In short, by re-electing them every cycle, we have taught our leaders that it’s okay for them to lie, to cheat, to steal, to accept bribes, etc.

And that begs the question: “What happens if we teach them that it’s okay to disarm us?”

Because they have little or no virtue, that would be a plum unable to resist, because once we are disarmed, then they have total control and no longer have to worry about re-election. They would achieve the corrupt politician’s perfect dream – total and perpetual lack of accountability.

On the other hand, recently I have a felt a groundswell, no, not groundswell, that’s the wrong word. I think the word I want is “revival”. The past few months I have felt a revival of interest in virtue. I think Americans are finally waking up and getting sick and tired of being led by selfish crooks. They want something more; they are demanding that our leaders be held to a higher standard. And according to our founding fathers, we can only maintain our right to keep and bear arms if we once again elect leaders who know in their gut that taking away our God-given right to defense is more than immoral; it is an abomination. Those aren’t my words; they come straight from Thomas Jefferson who authored our own Declaration of Independence, which says:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

Of course, he’s talking about the principle of Natural Laws, which are not man-made, and which transcend space, time, and even Congress. The concept of Natural Law was advanced early on by Roman Philosopher Marcus Tullius Cicero who lived in the first century BC as the Roman Republic gave way to the dictatorship of the Caesars. When writing about justice and Natural Law, Cicero said:

“But the most foolish notion of all is the belief that everything is just which is found in the customs or laws of nations. What of the many deadly, the many pestilential statutes which nations put in force? These no more deserve to be called laws than the rules a band of robbers might pass in their assembly.”

So what am I getting at with all this talk of people who’ve been dead for centuries and millennia? I’m getting at the root of the Second Amendment and the only way to preserve it. The heart and origin of the right to keep and bear arms is Natural Law which was espoused by our founding fathers and by John Locke and William Blackstone and Montesquieu before them.

But perhaps there’s a silver lining here. If our leaders truly don’t know the difference between right and wrong, then maybe it’s time we enlightened them? Of course, we can only do that via the ballot box if, as George Washington suggested, there is enough virtue remaining in the body of the people.

My grandfather used to call it “common sense”, but now it’s called “rare sense”. Knowing the difference between right and wrong, between travesty and justice, between freedom and bondage have become paramount in our struggle to keep and regain our Second Amendment freedom. (So many of us have forgotten the past and can no longer discern these once-common truths.)

I would like to encourage all of you to rediscover Natural Law, which at the founding of our nation was nothing more than common sense. Back then, even the simplest of farmers knew that the right to keep and bear arms was given to them at birth and could only be taken away at death. They believed so fully in Natural Law that they fought, bled and died to protect it. I wonder now if they had something we no longer possess.

Virtue.

If not, then Benjamin Franklin may be right and we are about to get a few more elected masters. I’m praying otherwise.

Skip Coryell lives with his wife and children in Michigan. He is the founder of the Second Amendment March and the author of six books including his newest “RKBA: Defending the Right to Keep and Bear Arms”, the Ted Nugent-acclaimed book “Blood in the Streets: Concealed Carry and the OK Corral, the hunting novel “Bond of Unseen Blood”, and the Second Amendment novel “We Hold These Truths”. He is an NRA Instructor and co-owner of Midwest Tactical Training, teaching CPL classes in Michigan.. He also owns and manages White Feather Press. To find out more about Skip, his classes and his writing, go to www.skipcoryell.com and www.mwtac.com.

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: Is there a specific design for the no gun allowed sign? Does the law say where it has to be placed at a business,such as on the door or adjacent window leading into the business?

A: There are no specifications for “No Guns” or “No Weapons” signs in Michigan law. Under the law, there are two ways for a CPL holder to know that guns are not allowed in a specific location. The first is the list of “Pistol Free Zones” (often colloquially referred to as violent criminal empowerment zones) that we must all memorize, which is part of the CPL statute (Pistol Free Areas).

The second is when the owner or lessor of any real property communicates to us that our guns are not welcome there. That communication must be reasonable in order to be effective. By reasonable, I don’t mean polite. I mean that there is an effective means of communicating to us that we are not welcome so long as we are carrying our guns. This can be done with a sign, verbally, or in some kind of printed material.

For instance, if there is a reasonably-sized and located sign in a retail establishment indicating that guns or weapons are not allowed, that would constitute reasonable notice. If an employee of the same establishment actually tells you that you may not carry on the premises, that would constitute reasonable notice. If your employer has an employee handbook or some kind of printed guidelines, and includes a prohibition on guns and/or weapons, that would constitute reasonable notice.

If you choose to ignore any such reasonable notice, then you become a trespasser rather than a business invitee. Trespass can be punished as a crime and/or in civil court, and could affect your CPL licensing status.

This information is provided by The Law Offices of Steven W. Dulan, PLC (www.stevenwdulan.com) This answer is intended as general information and should not be relied upon as legal advice for any specific situation or case. The facts of each case vary and you should consult an attorney whenever you have specific questions.

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

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

Lansing, MI --(AmmoLand.com)-

Q: I’m vacationing in Florida this season. How do I transport my handgun and ammunition on a commercial airline flight?

A: You may only transport firearms, ammunition and firearm parts in your checked baggage. Firearms, ammunition and firearm parts are prohibited from carry-on baggage. The key regulatory requirements to transporting firearms, firearm parts or ammunition in checked baggage are:

• You must declare all firearms to the airline during the ticket counter check-in process.
• The firearm must be unloaded.
• The firearm must be in a hard-sided container.
• The container must be locked.
• We recommend that you provide the key or combination to the security officer if he or she needs to open the container. You should remain present during screening to take the key back after the container is cleared. If you are not present and the security officer must open the container, the airline will make a reasonable attempt to contact you. If you can’t contacted, the container will not be placed on the plane. Federal regulations prohibit unlocked gun cases (or cases with broken locks) on aircraft.
• You must securely pack any ammunition in fiber (such as cardboard), wood or metal boxes or other packaging that is specifically designed to carry small amounts of ammunition.
• You can’t use firearm magazines/clips for packing ammunition unless they completely and securely enclose the ammunition (e.g., by securely covering the exposed portions of the magazine or by securely placing the magazine in a pouch, holder, holster or lanyard).
• You may carry the ammunition in the same hard-sided case as the firearm, as long as you pack it as described above.
• You can’t bring black powder or percussion caps used with black-powder type firearms in either your carry-on or checked baggage.

More Info: Traveling with Firearms & Ammunition — Transportation Security Administration (TSA)

Q: My understanding is that airports are under federal jurisdiction and so, if I run into some kind of trouble with transporting a gun on an airplane, I’ll be dealing with federal authorities rather than state or local authorities. Is this true?

A: While the United States, in the form of the FAA (Federal Aviation Administration) and the TSA (Transportation Safety Authority), has the bulk of control over airports and airlines, state law is still involved in some aspects of air travel. For example, MCL 259.80f (PA 327 of 1945 as amended) is part of the Aeronautics Code of the State of Michigan and covers possessing, carrying, or attempting to possess certain dangerous items within the sterile areas of a commercial airport. The statute lists prohibited items, which include firearms, knives, box cutters, and any “dangerous weapon,” among others.

The penalties are vastly different for possessing in a sterile area of the airport and actually boarding the plane or getting the item onto the plane: Possessing in the sterile area is a misdemeanor which can result in a jail term of up to 1 year and/or a fine of up to $1000. However, if the violation of this section is during the course of committing any felony, or while boarding, or attempting to board an aircraft, or the prohibited item is placed on the aircraft or the defendant attempts to place the item on the aircraft, the maximum penalty is raised to up to 10 years in prison and/or a fine of up to $10,000.

Of course, there are exceptions for police, certain active duty military personnel during the course of their duties, and other authorized security personnel etc.

The real “teeth” of this statute come from the fact that a defendant may be charged with any other violation of state or federal law in addition to this charge and the sentences may be ordered to run consecutively. Meaning that, in addition to any other penalty that might be imposed for any other violation, the penalties imposed under this statute may be “tacked on,” extending the prison term of a convicted defendant significantly.

So, when you are traveling by air, you are subject to overlapping federal and state jurisdictions. Pay close attention to the items that you have with you when you leave home for the airport. There have been a few high-profile cases recently where individuals claimed that they “forgot” that they were carrying firearms with them. Also, some shooters have bags that double as range bags and carry-on luggage. This seems to be a bad idea since I’ve received conflicting information about whether the swabs that TSA personnel do for explosives can detect gun powder residue that might be transferred to the outside of the bag from your hands or gloves after a range session. Even if you are cleared, such issues can easily lead to travel delays at best and possibly more serious legal issues.

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

Lansing, MI - -(AmmoLand.com)- I am writing this in support of Senate Bill SB-747, sponsored by Senator Randy Richardville. As a resident of Ann Arbor and a concealed pistol licensee, passage of this bill is essential to the well-being of myself and all licensees, for without this law a person travelling through the University of Michigan (and all the other public universities) will have no way of knowing whether he is violating some unknown university ordinance.

State preemption of firearms laws is essential to an orderly state, where everyone knows the rules wherever he travels.

Every objection to this bill that I have seen has been rebutted forcefully by factual experience during the past eight years, following passage of 2000 PA381, the “shall issue” concealed carry bill. There has been no “blood in the streets.” There has been no more road rage than already existed, and virtually never by a licensee. The record shows that concealed pistol licensees in the country’s concealed carry states possess the lowest crime rate of any identifiable group, including police and kindergarten teachers. Why does anyone believe that allowing concealed carry on university property would lead to a different outcome? It hasn’t happened in Michigan and it won’t happen.

The down side of mandating any place where honest licensed citizens cannot carry is that such laws convert those places to criminal safe zones, for criminals by definition do not obey the law. If only a miniscule number of armed licensees had been present at the recent Fort Hood shooting, for example, the Islamic terrorist would not have been able to kill nearly as many people as he did. When will we learn that the best protection from criminal attack is more in the hands of armed licensees who are present, than in the hands of police who are five or ten minutes away?

It is essential that we remove dormitories and classrooms from the prohibited list, for those were precisely the areas where the Virginia Tech madman killed his victims. It will happen again if we don’t take this action.

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)- 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 Concealed Pistol License Holders Continue To Grow

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 214,216 concealed pistol license holders in Michigan.

Click here to download. (.pdf, 270kb)

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

-(AmmoLand.com)- Q: What are the deadly force rules for defending myself against a dog?

A: Since a dog is not a human being, the rules of “deadly force” as such do not apply. However, there is a Michigan statute on point, MCL 287.279 (The Dog Law of 1919, as amended), which states:

“Any person including a law enforcement officer may kill any dog which he sees in the act of pursuing, worrying, or wounding any livestock or poultry or attacking persons, and there shall be no liability on such person in damages or otherwise, for such killing. Any dog that enters any field or enclosure which is owned by or leased by a person producing livestock or poultry, outside of a city, unaccompanied by his owner or his owner’s agent, shall constitute a trespass, and the owner shall be liable in damages. Except as provided in this section, it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which bears a license tag for the current year.”

So, any citizen is privileged to kill any dog that is in the act of attacking people, or other animals.

However, a properly-licensed dog may not be harmed unless it is in the act of attacking. Of course, all the rules of common sense and gun safety still apply and, if you find youself in a position where it is required to use a gun to defend a person or another animal from a vicious dog, you should be aware of the placement of your shots as you still may have liability for bullets that strike other animals, people, or property.

If your use of your gun is found to be unreasonable, in that the dog you shot, or shot at, was not in the act of attacking, you will probably face criminal charges and potential civil suits.

So, even though dogs are not people, your gun is still considered deadly force and should only be used judiciously and in case of emergencies.

This information is provided by Steve Dulan. Steve is an attorney in private practice in East Lansing 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. www.StevenWDulan.com.

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

Lansing, MI --(AmmoLand.com)- Each of these Bills provide rather specific circumstances and protections which, taken as a whole, provide strong protection for a person who is forced to defend himself from criminal attack (which here means grievous bodily injury, rape, or death).

• PA 311 provides a “rebuttable presumption” in a civil or criminal case that a person who defends himself believes that criminal attack is threatened if (1) he is in a dwelling or business, or (2) the criminal is attempting to remove someone from a dwelling, business, or vehicle. This does not apply if the alleged criminal has a legal right to be in the dwelling or business, or if the person defending himself is committing a crime, or if the person entering is a law enforcement officer in the course of his duties.
• PA 310 states that a prosecutor may still charge a person who has defended himself if the prosecutor can present to the court evidence that the person did not believe he was threatened with criminal attack. This represents a substantial change from the prior law which puts the burden of proof on the person defending himself to show that he did believe he was subject to criminal attack.
• PA 309 says that if a person is anywhere he has a legal right to be, he has no duty to retreat if he believe he is threatened by criminal attack. Note that this differs from the home/business situation where it is presumed that he believes he is subject to criminal attack.
• PA 313 is subtle: “Sec. 21c. (1) In cases in which section 2 of the self-defense act does not apply, the common law of this state applies except that the duty to retreat before using deadly force is not required if an individual is in his or her own dwelling or within the curtilage of that dwelling.”
• PA 314 states that a person who defends himself (or in defense of another individual) with deadly force or less than deadly force anywhere he has a right to be is immune from civil liability for damages.
• PA 312 provides attorney fees to a defendant if a civil suit is filed and the court determines that the defendant is immune from civil liability under PA 314.

Castle Doctrine in the rest of the US
A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal concept derived from English Common Law, which designates one’s place of residence (or, in some states, any place legally occupied, such as one’s car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his/her “castle”), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.

Castle Doctrines are legislated by state, and not all states in the US have a Castle Doctrine. The term “Make My Day Law” comes from the landmark 1985 Colorado statute that protects people from any criminal charge or civil suit if they use force – including deadly force – against an invader of the home. The law’s nickname is a reference to the famous line uttered by Clint Eastwood’s character Dirty Harry in the 1983 film Sudden Impact, “Go ahead, make my day.”

This legal doctrine is often linked to the rights of homeowners to bear arms, as defined in the Second Amendment to the United States Constitution in the case of District of Columbia v. Heller.

States with a Castle Law and/or a stand-your-ground provision include: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho*, Illinois*, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana*, New Jersey, New York*, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania*, Rhode Island, South Carolina, South Dakota*, Texas, Tennessee, Utah, West Virginia, Washington and Wyoming.

(* denotes states with weak Castle Law )

States with no known Castle Law: Iowa, New Hampshire, New Mexico, Virginia, District of Columbia — source wikipedia.org

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

Lansing, MI --(AmmoLand.com)-The following Bills are not yet law. Each must be passed by both House and Senate then signed into law by the Governor.

House Bill 5302. Introduced Sep 2009. The bill would amend Public Act 372 of 1927 (and rename it the “Michigan Firearms Act”) to allow a person lawfully possessing a firearm or ammunition (1) to transport the firearm or ammunition in a privately-owned motor vehicle, and (2) to store it in a privately-owned motor vehicle parked and locked in the parking lot, parking garage, or other parking area of any business, commercial enterprise, employer, or state service agency if stored out of plain view in accordance with Michigan Penal Code requirements or as otherwise allowed by law … more

House Bill 5303. Introduced Sep 2009. Section 227 of the Michigan Penal Code makes it a felony crime to carry a concealed pistol. Section 231a of the Penal Code, however, contains a list of persons or situations to whom or which the ban on carrying a concealed pistol does not apply. Notably, subsections 231(1)(d) and (e) provide that the crime of carrying a concealed weapon does not apply to a person transporting a pistol for a lawful purpose, so long as the pistol is licensed by the owner or occupant of the motor vehicle in compliance with Section 2 of Public Act 372 of 1927, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle. In vehicles lacking trunks, the pistol must be unloaded in appropriate closed case placed so that it is not readily accessible to the vehicle’s occupants … more

House Bill 5472. Introduced Sep 2009. Generally speaking, unless a person holds a concealed pistol license or is exempt from licensure, he or she must obtain a license under Section 2 of Public Act 372 of 1927, known as “purchase license,” before purchasing or otherwise acquiring a pistol in Michigan (or bringing one into Michigan). People on leave from active duty in the United States armed forces or who have been discharged from active duty are given a more leeway – they have 30 days after arriving in Michigan with a pistol to obtain a license for it … more

House Bill 5474. Introduced Sep 2009. The bill would amend Public Act 319 of 1990 to remove the power of an institution of higher education (generally speaking, a college, junior college, community college, or university) to regulate the ownership, carrying, or possession of pistols or other firearms, ammunition, or components in any way except to regulate conduct that constituted a criminal offense under state law, to regulate the conduct of employees in the course of their employment, or as otherwise provided by state or federal law … more

House Bill 5470. Introduced Sep 2009. The bill would amend Section 5b of Public Law 372 of 1927. MCL 28.425b, concerning the requirements for obtaining a concealed pistol license (CPL), to clarify that the residency requirement of Section 5b does not impose a concealed pistol license requirement on a member of the U.S. armed forces who is otherwise exempt from needing one … more

House Bill 5471. Introduced Sep 2009. In recent years, additional categories of persons have been exempted from the requirements for obtaining a concealed pistol license (CPL) under Section 12a of Public Act 372 of 1927 (MCL 28.432a). Section 12a currently lists 11 different exemptions in subdivisions (1)(a) through (k). The bill would make technical corrections to the act relating to these expanded exemptions … more

House Bills 5473 and 5520. Introduced Sep-Oct 2009. House Bills 5473 and 5520 would expand pistol purchase license exemptions for authorized agents of licensed firearms manufacturers and firearms dealers … more

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

Lansing, MI --(AmmoLand.com)- Michigan has been very active in organizing town hall meetings and other events to inform the public about the Second Amendment March in Washington D.C. on April 19th, 2010. We have had over 25 events ranging from picnics, town hall meetings, shooting competitions, a CPL course fundraiser, talks at the Capitol and manning tables at Cabela’s and Jay’s Sporting Goods stores. Along with information these events have been an opportunity to raise not only awareness but much needed funds for the March.

The people of Michigan have made donations and bought fundraising items for a total to date of over $11,000, which is over a third of the total raised so far nationally. Well done Michigan.

But it can’t stop there; we must become more active in preserving our 2nd Amendment rights. In order for this March to be as successful as we hope we need to raise nearly $500,000. It is amazing how many hoops need to be jumped through and how much money is needed to have 5000,000 people gather in D.C.

I ask all lovers of liberty and the 2nd Amendment to get on line today and make a $50 donation (www.secondamendmentmarch.com). If every Michigan CPL holder gave just $1 to the March we would have over $240,000. Imagine how much we could raise if every gun owner in Michigan gave just $1. The March is only 6 months away and we need funding now.

Can’t make the D.C. Rally?
Then join us on the State Capitol’s east lawn in Lansing on April 13th from noon-3:00 PM for a 2nd Amendment Rally. We will have vendors, entertainment and a group of distinguished speakers all proudly standing up for freedom. Please come and be a part of Michigan history.

There are other ways you can help besides financially.

• Sign up for our online newsletter.
• Join our online forums.
• Pass out flyers, add web banners and donate buttons.
• To set up a 2A town hall meeting in your area. Contact Brian for more info.
• Write articles for the Second Amendment March website.
• Obtain a 2A March endorsement from your legislator.
• Set up media interviews. Contact Skip for more info.
• Set up a Second Amendment March fundraiser in your area. Contact Terri for more info.
• Volunteer with your State Coordinator to help organize.
• Display your Second Amendment March t-shirts and bumper stickers proudly Work with your local gun clubs and fraternal orders in a fundraising event.
• Manage a donation jar in a pro-gun business in your area.

And as always you can make a donation online or mail your check or money order to: Second Amendment March, PO Box 232, Delton MI, 49046-0232.

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: Is it true that a church or other place of worship in Michigan is not considered to be a place on the so-called “Pistol Free Zones” list when it is not being used for active church purposes?

A: No. It is not true. MCL 28.425o states that the list of places where your CPL does not apply includes: “(e) Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.” This would seem to include church camps, softball fields etc. regardless of whether there are religious or secular activities (or no activities) being carried on.

This law also raises another interesting question: Who is the presiding official? In my practice, I have had churches as clients and I can tell you that it is not always clear what individual or body within the church has the authority to grant the kind of permission mentioned above. Churches have various, differing corporate structures. In one case, I worked with a church that had two boards: spiritual and temporal. The spiritual board was tasked with hiring and firing the pastor and other religious matters. The temporal board was tasked with dealing with financial and legal issues.

In that particular church, only the temporal board would have the authority to grant permission to carry a concealed pistol on church property. In other churches, the pastor may have the authority to grant such permission. So, be sure that you are dealing the the appropriate church official when obtaining permission to carry concealed on church premises.

Note also that the statute does not say that the permission must be in writing. However, it may be considered a prudent step to ask for a signed letter on church letterhead memorializing the grant of permission.

I have had contact with churches that have a group of volunteers with CPLs (Concealed Pistol Licenses) who are tasked with carrying their pistols at services on a weekly basis, in much the same way that other lay volunteers set up schedules for their duties. Some others take the position that guns are not welcome on their property. As private property owners, churches are free to make this decision and anyone who carries in violation of such a church policy would be in violation of MCL 28.425o and have the status of trespasser.

About:
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: Are there places in Michigan where open carry is prohibited?

A: MCL 750.234d states: “…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…”

The statute does have exceptions. Specifically exempted are:

“(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.
(d) A person who possesses a firearm on the premises of an entity described (above) if that possession is with the permission of the owner or an agent of the owner of that entity.”

So, owners of the places listed can give permission to individuals to possess firearms on the premises. The statute does not require that the permission be in writing. However, one can easily imagine circumstances under which it might be prudent to obtain written permission. Note that the list of exempt persons includes CPL holders. This means that a CPL holder may carry openly in the places listed, since most of them are on the “Pistol Free Zones” (commonly referred to as “Mass-Murderer Empowerment Zones”). Also, the Separation of Powers Doctrine dictates that the Michigan Supreme Court sets policy for the courts and has delegated the decision regarding firearms to the Chief Judge of each Circuit Court. And, of course, the owner or lessee of real property may always decide who, and under what conditions, enters the property. So, if you have reasonable notice that your firearm is not welcome on some piece of private property, you will be considered to be trespassing if you enter the property with your gun.

Q: Is it true that my air rifle is considered a “firearm”?

A: Possibly. MCL 28.421(b) states: ” “Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB’s not exceeding .177 caliber.” So, the answer to your question depends on the caliber of your air rifle and whether the barrel is rifled or not.

Q: Why is the minimum barrel length for shotguns 18 inches and the minimum barrel length for rifles 16 inches?

A: I have been unable to find a definitive answer to this question. The National Firearms Act of 1934 (Title 26, Chapter 53 of the U.S. Code) includes these minimum length requirements. Shorter barrels are not prohibited outright, but must be registered and a transfer tax of $200 must be paid by the new registrant each time the weapon is transferred. The underlying theory is commonly accepted to be that weapons with shorter barrels are more easily concealed, hence the tax and registration requirement. However, I am unaware of the reasoning, if any, that led to the 2-inch difference in the minimum requirements.

As most of the readers of this article are aware, most gun control regulations have little grounding in fact or sound public policy. The history of gun control legislation is a history of poorly-thought-out reaction to tragedies or percieved law enforcement challenges. The late 1920′s and early 1930′s were a period of rapid change in technology and the wide availability of automobiles and modern firearms, including fully-automatic weapons such as the Browning Automatic Rifle and the Thompson submachine gun, combined with jurisdictional fragmentation led to J. Edgar Hoover’s expansion of the FBI and the enactment of the NFA.

Congress being Congress, there were additions to the initial bill, including the requirement that shotguns with barrels of less than 18 inches and rifles with barrels of less than 16 inches be registered and taxed. Since the federal government lacks a “police power” legislate for the general welfare, Congress has to find a textual grant of power in the Constitution that allows it to take any action it takes. The two most common sources of congressional power are the taxing and spending clauses and the commerce clause, which is meant to regulate trade among the states. In the case of the NFA, the taxing power was applied.

It should be noted that Michigan Compiled Law MCL 28.421(e) states: ““Pistol” means a loaded or unloaded firearm that is 30 inches or less in length…” So, any rifle or shotgun less than 30 inches in overall length is considered a pistol under Michigan law.

About:
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)-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)- In my capacity as an instructor of the legal portion of CPL classes, I have run into many renewal students who wisely decide to sit in on the legal portion in order to get up to speed on any changes in the Michigan law that have come into effect since the last time they were trained. They are often unaware of some significant changes. I plan to cover some of them here in the coming weeks in an effort to spread the word. For those of you who already know about them, hopefully you agree that it can’t hurt to review.

One of the big ones is the fact that, since October of 2006, deadly force may be used against a person who breaks into your home or business, or attempts to remove you from your car against your will. The reason is that deadly force may only be legally used when there is an actual and reasonable belief that it is necessary to prevent death, great bodily harm that could lead to death, or rape.

One of the big changes in Michigan law that went into effect in October of 2006 is laid out below. It creates what is called a “rebuttable presumption.” In law, a rebuttable presumption shifts the burden of proof. Basically, in this instance, it means that if your home or business is broken into, or someone tries to remove you from your car, you may use deadly force to protect yourself. You do not have to wait for the situation to develop further. The mere fact that the criminal has chosen to break in to your home can be taken as evidence that they are dangerous.

This change brought Michigan law closer in line with common sense and experience. However, obviously, it is not a blanket license to kill anyone who is in your home or business.

If the Prosecutor, or Plaintiff, can show that there are other facts such as the person was tricked into being there, or clearly presented no threat at all, (a child, etc.), then the presumption can be overcome. And, the case can proceed.

Remember that under Michigan law, a gun is ALWAYS considered deadly force. Do not threaten anyone with, or use your gun against, anyone who does not present an imminent threat of death, great bodily harm that could lead to death, or rape.

“MCL 780.951 Individual using deadly force or force other than deadly force; presumption; definitions. Sec. 1.

(1) Except as provided in subsection (2), it is a rebuttable presumption in a civil or criminal case that an individual who uses deadly force or force other than deadly force under section 2 of the self-defense act has an honest and reasonable belief that imminent death of, sexual assault of, or great bodily harm to himself or herself or another individual will occur if both of the following apply:

(a) The individual against whom deadly force or force other than deadly force is used is in the process of breaking and entering a dwelling or business premises or committing home invasion or has broken and entered a dwelling or business premises or committed home invasion and is still present in the dwelling or business premises, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will.

(b) The individual using deadly force or force other than deadly force honestly and reasonably believes that the individual is engaging in conduct described in subdivision (a).

(2) The presumption set forth in subsection (1) does not apply if any of the following circumstances exist:

(a) The individual against whom deadly force or force other than deadly force is used, including an owner, lessee, or titleholder, has the legal right to be in the dwelling, business premises, or vehicle and there is not an injunction for protection from domestic violence or a written pretrial supervision order, a probation order, or a parole order of no contact against that person.

(b) The individual removed or being removed from the dwelling, business premises, or occupied vehicle is a child or grandchild of, or is otherwise in the lawful custody of or under the lawful guardianship of, the individual against whom deadly force or force other than deadly force is used.

(c) The individual who uses deadly force or force other than deadly force is engaged in the commission of a crime or is using the dwelling, business premises, or occupied vehicle to further the commission of a crime.

(d) The individual against whom deadly force or force other than deadly force is used is a peace officer who has entered or is attempting to enter a dwelling, business premises, or vehicle in the performance of his or her official duties in accordance with applicable law.

(e) The individual against whom deadly force or force other than deadly force is used is the spouse or former spouse of the individual using deadly force or force other than deadly force, an individual with whom the individual using deadly force or other than deadly force has or had a dating relationship, an individual with whom the individual using deadly force or other than deadly force has had a child in common, or a resident or former resident of his or her household, and the individual using deadly force or other than deadly force has a prior history of domestic violence as the aggressor.”

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)- House Bill 5232 introduced by Representative Phil Pavlov and cosponsored by 44 other Michigan Representatives seeks to:

“create the Michigan firearms freedom act; to make certain findings regarding intrastate commerce; to prohibit federal regulation of firearms, firearms accessories, and ammunition involved purely in intrastate commerce in this state; to provide for certain exceptions to federal regulation; and to establish certain manufacturing requirements.”

A brief statement from Rep. Pavlov’s website:

Following national threats to weaken our second amendment rights, state Rep. Phil Pavlov today introduced the Michigan Firearms Freedom Act to protect the rights of Michigan’s residents.

“The right to bear arms is guaranteed in our Constitution, and we will protect it in Michigan,” said Pavlov, R-St. Clair. “This legislation ensures that federal rules cannot restrict the right to buy or sell firearms in our state.”

Pavlov’s legislation, House Bill 5232, reaffirms Michigan’s right to regulate interstate commerce and states that any firearm or firearm accessory manufactured and sold in Michigan will not be subject to any federal mandates that relate to the manufacturing and sale of firearms or firearm accessories.

“Today we stand as the founders’ envisioned, with states controlling their own destiny within their borders,” Pavlov said. “But the federal government has greatly expanded its reach into areas that it shouldn’t and we are here to defend what belongs to Michigan.”

Pavlov introduced the bill with strong bipartisan support in the House.

Current Bill Status: Referred to Committee on Judiciary Aug 11th.

As reported earlier Michigan in now following in the steps of Montana’s Firearms Freedom Act and Tennessee’s Firearms Freedom Act. – AmmoLand.com

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”