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-   -   CCW questions. (http://glocktalk.com/forums/showthread.php?t=681813)

ToBePD 04-06-2007 22:33

CCW questions.
 
According to Michigan Statute 28.425o subsection (f), carrying concealed in a entertainment facility with a seating capacity of 2,500 or more is a no-no. Does this include movie theatres?

When a person with a CPL goes to purchase a gun, do they have to do the mandatory 3 day wait or is it just the purchase permit and registration?

Do business that have signs prohibiting Concealed Carry, carry any legal wieght or can all they do is ask you to leave? I wouldn't want to give them my business anyway but I'm just wondering.

Thank you and I hope none of these questions appeared stupid.

MetalManMI 04-07-2007 06:46

Re: CCW questions.
 
Quote:

Originally posted by ToBePD
According to Michigan Statute 28.425o subsection (f), carrying concealed in a entertainment facility with a seating capacity of 2,500 or more is a no-no. Does this include movie theatres?

When a person with a CPL goes to purchase a gun, do they have to do the mandatory 3 day wait or is it just the purchase permit and registration?

Do business that have signs prohibiting Concealed Carry, carry any legal wieght or can all they do is ask you to leave? I wouldn't want to give them my business anyway but I'm just wondering.

Thank you and I hope none of these questions appeared stupid.

A movie theater with a seating capacity of 2,500 or more would fall under this statute. The debate goes...is that combined seating (all screens) or a single room? Bottom line is, that hasn't been determined by the court system and is unclear based on the language of the statute.

A CPL holder does NOT need to secure a purchase permit prior to purchasing a pistol, rather, a RI-60 is completed and the seller submits a copy of it to the State (the safety inspection is still required...for now). A CPL purchase from a dealer may be delayed if the NICS check isn't cleared immediately. If the CPL was issued after November 22, 2005, the firearms dealer is NOT required to perform a NICS check. Outside of that, there is no "mandatory 3 day wait" in Michigan.

Posted "no carry" signs only serve as notice of the rules/terms of the business/property. Assuming that business/property is privately owned (i.e., not a public owned property such as city halls, etc.), violation of that sign/rule only serves as a means to request you to leave or be charged with trespass if you do not comply. If the property is public owned, the signs may not mean a thing (courts have an established no-carry rule that DOES stand). So, in the nutshell...you have it right.

ToBePD 04-07-2007 08:19

Thank you for clarifying that for me and anyone else that was interested in the subject. Basically someone needs to be charged well carrying in a movie theatre and they have to fight it so we can get the law less vague.

Errick 04-09-2007 21:04

Quote:

Originally posted by ToBePD
Thank you for clarifying that for me and anyone else that was interested in the subject. Basically someone needs to be charged well carrying in a movie theatre and they have to fight it so we can get the law less vague.

Please feel free to volunteer at the test subject!


Also I read this somewhere so it might be wrong. If you carry on private property IE a store that is posted “No Firearms” and you get into a situation where you need to use your weapon in self-defense you will have lost the Michigan protection regarding the duty to retreat so you could be easier to prosecute.


On the bright side few stores post and those that do lose my business and I tell them why.



:supergrin:

ToBePD 04-10-2007 06:21

That's allright, I'll leave that up to someone else.

I also heard that about the right to retreat law somewhere on this site.

I still have yet to find even one business that has a sign up in Grand Haven, and I've been looking quite abit since a got my CPL. I was browsing in the Carry Issues portion of this site and saw that someone printed up business cards to give to businesess that forbid CPL holders to carry on thier property.

Tack 04-10-2007 07:17

those business cards are kinda worthless. Most of the time they would go right in the trash. I would call and ask to speak to the manager/owner, and tell them that I will not be supporting their business. Doesn't matter anyway. Those signs don't mean squat. They have no legal weight. You are supposed to be carrying CONCEALED, so how would they know?

The right to stand your ground, or Castle Doctrine was signed into law last summer, took effect last fall. Basically it says that anywhere you are legally entitled to be, you do not have to retreat before using deadly force to stop an attack that causes you to fear for you life or other's lives, rape, or if you are being car jacked. If you are in your home, you used to have to try to get away... not anymore. Some POS breaks into your house, it is automatically presumed he is there with intent to commit great bodily harm, rape, or murder. About time we got some laws that made some sense. Although I did see a video interview on NRAnews.com where Texas folks were saying that they wouldn't use deadly force to protect themselves from a criminal.... "you shouldn't have the right to shoot someone...." even though they want to slit your throat :brickwall:

ETA: Those signs that say no guns, I look at them as though they apply to gang bangers. If you read the back of the CPL if says "this license allows the licensee to carry a pistol anywhere in the state...(list of pistol free zones)" it doesn't say except at Mom & Pops little store. So F em and let them get robbed by the gang bangers who now know they don't like guns.

Scooter70 04-12-2007 18:01

According to the MCRGO e-mail FAQ that I get every now and then, if there is a "no CCW" sign posted and you disobey it, you are trespassing. This relates to the Castle Doctrine law in that you no longer have the legal right to be there so you are no longer covered by the law. It's just something to consider.


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