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MCL 28.425o - Change in Concealed Carry Law

1/18/2009 8:36 AM
Join Date: May 2007
Posts: 216

MCL 28.425o - Change in Concealed Carry Law

**ATTENTION FOR ALL RESERVE POLICE OFFICERS, SHERIFF POSSE, COUNTY CORRECTION OFFICERS,MSP MOTOR CARRIER OFFICERS, AND CAPITOL SECURITY OFFICERS**

THe Michigan State Police just announced in their Legal Update # 71 (January 15, 2009) to Law Enforcement in the State of Michigan that the above mentioned law enforcement officers can now carry off duty in pistol free zones. Please see the announcement below.

This law is effective starting January 6, 2009.

Concealed Pistol License pistol free zones

MCL 28.425o was amended to extend CPL pistol free zone exemptions to the following while off-duty: county corrections officers; MDOC parole or probation officers; all reserve officers or sheriff's posse members; and MSP motor carrier officers and capitol security officers.

Before the amendment, those persons were only exempt from pistol free zones while on-duty. These exemptions continue to apply only to those persons having a CPL.

If you have any questions, contact your chain of command.

"Is your number still 911?" - Ofc. Rachel T.
REPLY 1  -  5  of  5
1/22/2009 1:23 PM #1
Join Date: Oct 2007
Posts: 10

RE: MCL 28.425o - Change in Concealed Carry Law

That would seem to exclude officers from out-of-state, holders of CCW permits (former police or not) but what about LEOSA carriers (being federal vs state)???
1/22/2009 7:13 PM #2
Join Date: May 2007
Posts: 379

RE: MCL 28.425o - Change in Concealed Carry Law

State law does not affect out of state officers under LEOSA.
2/14/2009 6:23 AM #3
Join Date: May 2007
Posts: 15

Concealed Carry and LEOSA in Michigan

Quote:
Original post by Thor Odinson

 

That would seem to exclude officers from out-of-state, holders of CCW permits (former police or not) but what about LEOSA carriers (being federal vs state)???

The way I read it, if out-of-state retired officers are carrying under LEOSA, there is no effect.  And of course, out-of-state active officers are not effected since they're covered by LEOSA.

For retired officers carrying on the authority of an out-of-state CPL:

Michigan's Concealed Pistol Act exempts retired police officers and retired law enforcement officers (plus several other groups of people) from the Pistol Free Zone restrictions.  The Act does not address out-of-state retired officers and, to my knowledge, there has not been any case law or AG opinions on that, however our present AG seems to be very pro-LE and pro gun rights. 

Also, Michian law recognizes every states' concealed pistol license, subject to any restrictions that appear on them.

 If an issue were to arise, I would hope that professional courtesy would prevail, but with todays new breed of officers....

Last edited @ 2/14/2009 6:58 AM
2/18/2009 4:16 AM #4
Join Date: May 2007
Posts: 4

Say what?

The way I look at it, these State specifics excemptions may become challenged. For example, section 50.a provides excemption when dropping your kids off at a school. This is questionable since the Federal Law (Gun Free School Zone) does not provide this courtesy unless the LEO is on duty. Don't get me wrong, GFSZ is probably the dumbest Federal Law in existence but until changed, it is the law nevertheless. I have not seen a State law which holds in court when it conflicts with Federal Law.

2/18/2009 4:11 PM #5
Join Date: May 2007
Posts: 15

Gun free school zones

Quote:
Original post by Sherlock Holmes

The way I look at it, these State specifics excemptions may become challenged. For example, section 50.a provides excemption when dropping your kids off at a school. This is questionable since the Federal Law (Gun Free School Zone) does not provide this courtesy unless the LEO is on duty. Don't get me wrong, GFSZ is probably the dumbest Federal Law in existence but until changed, it is the law nevertheless. I have not seen a State law which holds in court when it conflicts with Federal Law.

There is quite irony here. The way I read it, the federal GFSZ law does provide an expemption for CPL holders provided that the state law required a background check before the permit was issued. It does not, however, allow off-duty LEOs to have the same exemption, unless perhaps, your department says that you're always on-duty. Then that may be a viable defense. So, private citizens with a CPL can carry in school zones but off-duty LEOs can't? (Aren't LEOs subjected to a much more stringent background check than CPL applicants?) Another brilliant move by our elected representatives in congress.
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