Please convey to Sergeant Aimee Maike my thanks in putting this together. Overall, it is a great document and just requires a few "tweaks" to make it
SOLID.
Here are my changes:
1. Page 1, "Open carry of firearms" Section: Text in question -
"You will not find a law that states that it legal to openly carry a firearm." A case could be made that the Michigan Constitution Article 1 Section 6 comprises the law that allows Open Carry, as Concealed Carry is illegal without as license so Open Carry would be legal based upon the Michigan Constitution Article 1 Section 6.
Not really, as the Michigan Constitution does not allow or disallow carrying firearms rather acknowledges a right that exists no matter what the "law" says.
2. Page 1, "Open carry of firearms" Section: Text in question -
"A depository financial institution (e.g., bank or credit union)". This is missing the complete definition of MCL 750.234d (1) (a) - "A depository financial institution
or a subsidiary or affiliate of a depository financial institution."
Agreed
3. Page 1, "Open carry of firearms" Section: Text in question -
"A CPL holder may carry a pistol concealed or visible." I would remove the word "visible" and replace it with "openly in a holster".
This one I would not advocate. I believe that the AG opinion about carrying a pistol openly in a holster suffices. I think limiting what "visible" means, although clearly allowing carrying a pistol in a holster due to the AG opinion, MAY include other modes of "carrying". Why further restrict OC to ALWAYS mean "in a holster"? Perhaps in the future some (not many, but some) could argue a drop leg rig truly may not meet the definition of a holster. Why unnecessarily expand what could be considered "concealed" (anything other than OC in a holster)?
4. Page 1, "Open carry of firearms" Section: Text in question -
"A private property owner has the right to prohibit individuals from carrying a visible or concealed pistol on his or her property." I would change this to be "... carrying a firearm concealed or openly on his or her property". This better covers "Long Gun OC" and Pistol is defined as a Firearm in MI according to MCL 28.421 (just a subset of the superset).
Once again, your suggestion, by default, may expand what constitutes "concealed" because currently, there is no CCW charge for carrying a long gun concealed.
5. Page 2, "Transporting firearms" Section: Text in question -
"One such exception allows for transportation of pistols in a vehicle for a “lawful purpose."". I would change this to be "One such exception allows for transportation of pistols in a vehicle for a “lawful purpose",
not all "lawful purposes" are defined in MCL 750.231a.".
Nope, I would keep "all lawful purposes" because by using "all lawful purposes" solidifies the fact that there are a number of "lawful purposes" which are attached to the transportation involved.
6. Page 2, "Transporting firearms" Section: Text in question -
"There is no way to “open carry” a pistol in a vehicle. An individual, without a CPL or otherwise exempted (e.g., a police officer), who transports a pistol in a vehicle to an area where he or she intended to “open carry” may be in violation of MCL 750.227." I would remove this text, as the information presented in that section already addresses transportation of firearms properly, with exceptions to MCL 750.227 noted in MCL 750.231a.
Although the author is correct, the only time this would be correct is if the end purpose of transportation would be an illegal act... I agree that it should be removed.
7. Page 2, "Carrying concealed weapons" Section: Text in question -
"MCL 750.227 also makes it a felony for a person to carry a concealed pistol on or about his or her person." I would change this to "MCL 750.227 also makes it a felony for a person to carry a concealed pistol on or about his or her person
without a Concealed Pistol License (CPL)."
As there are other exceptions besides a permit, I would either keep it the same or, even better, state somewhere in this sentence that there are exceptions... and leave it at that. That way, the list of exceptions can hopefully be expanded upon without the Legal Update becoming "dated"
8. Page 2, "Firearms Act" Section: Text in question -
"Public or private day care center". This is missing the complete definition of MCL 28.425o (1) (b) - "A public or private child care center or day care center,
public or private child caring institution, or public or private child placing agency."
Agreed.
9. Global Change: Change "
visible pistol" to "
pistol carried openly in a holster".
Once again, your suggestion, by default, may expand what constitutes "concealed".
10. Should Federal PFZ Areas be described in this document as well or leave these out of the MSP Update?
Si
nce the MSP may provide legal updates only on Michigan State law, not federal law, I would leave this out.
11. Should Long Gun OC be described in this document as well or leave this out of the MSP Update?
It probably shoud be... but