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)-

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

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

Frequently Asked Question

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)- 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

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

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

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

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

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

The theory behind preemption is simply the idea that it is unfair to create a crazy quilt of patchwork gun laws across the state that could easily result in criminal prosecution of a well-meaning and otherwise law-abiding citizen simply for crossing an invisible line at the border of a county, township, or city. The thought was, and is, that a uniform statewide gun policy should be set by the Michigan legislature, based on Article 1, Section 6 of the Michigan Constitution, which states, “Every person has a right to keep and bear arms for the defense of himself and the state.”

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

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

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

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

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

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

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

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

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

Michigan Coalition For Responsible Gun Owners

-(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

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”

Cabelas Shooting Sports

Michigan - -(AmmoLand.com)- Presented by the NRA and Cabela’s. Nationally Know Speakers will give Presentations on Gun Ownership and Your 2nd Amendment Rights. Opening Remarks from Suzanne Anglewicz at 8:45-9:00am.

Four morning repeating presentations at 9:00-9:45, 10:00-10:45, 11:00-11:45, 12:00-12:45 featuring Nationally known Speakers:

• Suzanne Anglewicz
• Brian Patrick
• David Coy
• Dave Felbeck (past President, MCRGO)

Plus: Four Saturday afternoon Presentations at 2:00-2:45, 3:00-3:45, 4:00-4:45, 5:00-5:45 by:

Steve Dulan (MCRGO Board of Directors)
Skip Coryell (Second Amendment March)
James Irvine
Bill Nichols

Event Coordinator: Wayne Blank of Monroe County – blankws3@att.net

Where: Cabala’s, 110 Cabela Blvd. East, Dundee, Mi.
(Classrooms on the 2nd floor in back of Furniture)
When: Saturday August 29, 2009.

www.Cabelas.com

About: Cabela’s
Cabela’s Incorporated, headquartered in Sidney, Nebraska, is a leading specialty retailer, and the world’s largest direct marketer, of hunting, fishing, camping and related outdoor merchandise. Since the Company’s founding in 1961, Cabela’s® has grown to become one of the most well-known outdoor recreation brands in the world, and has long been recognized as the World’s Foremost Outfitter®. Through Cabela’s growing number of retail stores and its well-established direct business, it offers a wide and distinctive selection of high-quality outdoor products at competitive prices while providing superior customer service. Cabela’s also issues the Cabela’s CLUB® Visa credit card, which serves as its primary customer loyalty rewards program. Cabela’s stock is traded on the New York Stock Exchange under the symbol “CAB”.

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”