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No Guns Allowed Sign – Legal Requirement

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

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Can a Michigan Concealed Pistol License Holder Carry More Than One Gun

Michigan Coalition For Responsible Gun Owners

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

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

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

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

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

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

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

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

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

Filed under: Gun Rights News by Ammoland No Comments »