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MCRGO Michigan Legislative Update

Monday, February 6th, 2012 at 9:49 AM
Michigan Coalition For Responsible Gun Owners

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- Senate Bill 58 was introduced by Senator Green early last year and co-sponsored by Senators Kowall, Brandenburg, Colbeck, Casperson, Emmons, Jansen, Moolenaar and Robertson.

It is currently sitting with the Senate Judiciary Committee. The bill would eliminate the so-called “Pistol Free Zones” for CPL (Concealed Pistol License) holders.

As readers of this column may recall, I often refer to the “Pistol Free Zones” as “Mass Murderer Empowerment Zones.”

This is because the list includes several places where mass killings have occurred. As any thinking person knows, the only effect of any “gun free zone” that is not secured by metal detectors, and staffed by armed guards, is to simply disarm law-abiding citizens who comply with the law, thereby making them vulnerable to criminals, who do not.

The current list of places where law-abiding CPL holders may not carry is found in MCL 28.425o, and printed in abbreviated form on the back of your CPL. There are various groups of people who may disregard the list. They can be described as various types of law enforcement officers, retired law enforcement officers, judges and retired judges, and licensed private investigators. There are various proposals pending in the legislature to add to this list of people with special self-defense privileges that go beyond the self-defense that is allowed to ordinary citizens.

SB 58 would simply eliminate the list of so-called “Pistol Free Zones” altogether. We CPL holders have demonstrated over a period of more than 10 years, that we can be trusted to act prudently and safely in the overwhelming majority of situations. To say that we may not carry in certain places simply by legislative fiat, is to say that our lives are simply not important if we choose to go to certain places such as hospitals and adoption agencies.

As I tell my law students: “Do not try to apply common sense to gun law, you run the risk of a stroke.

The current scheme is, by nature, arbitrary and capricious. As responsible gun owners, we are bound to follow the law, but we are also free to urge changes that make it more logical and fair.

If you would like to urge that the Senate Judiciary Committee take up SB 58 and recommend it to the full Senate, you could call the offices of the committee members.

They are:

  • Sen. Rick Jones (Chairman) (Grand Ledge) 517-373-3447
  • Sen. Tonya Schuitmaker (Kalamazoo Co. plus Paw Paw Twp and Antwerp Twp) 517-373-0793
  • Sen. Tory Rocca (Clinton Twp., Roseville, Sterling Heights, Utica) 517-373-7315

It is well known that phone calls that are polite and succinct are given more weight than those that are not.

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

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Michigan’s Castle Doctrine & No-Retreat Legislation Review

Monday, January 30th, 2012 at 9:54 AM
No Retreat

Michigan's Castle Doctrine & No-Retreat Legislation Review

Michigan Coalition For Responsible Gun Owners

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- Occasionally we like to review Michigan’s version of the Castle Doctrine and No-Retreat Laws.

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. .

 

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

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

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