Tue, 09/20/2011 - 7:43am
I have made a document to try to help explain the law regarding guns in casinos. I have made it to the best of my knowledge and understanding of the confusion about guns in casinos but figured I'd put it on here before I used it as a way to show and explain to people. If I am incorrect please tell me so I can make the proper changes. Here is what I came up with:
Quote:
As taught on a video made for CPL classes and the MSP website guns are banned from casinos in Michigan. This is only partially true. Under the concealed carry act where guns are prohibited it does not even mention casinos.
28.425o Premises on which carrying concealed weapon prohibited; premises defined; exceptions to subsection (1); violation; penalties.
Sec. 5o. (1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:
(a) A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the child from the school. As used in this section, "school" and "school property" mean those terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
(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.
(c) A sports arena or stadium.
(d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business. The
Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but is not required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(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.
(f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.
(g) A hospital.
(h) A dormitory or classroom of a community college, college, or university.
The law that they are trying to refer to is the administrative rules made by the Michigan Gaming Control Board, which gets its authority from the Michigan Gaming Control and Revenue act. The board made this administrative rule:
R 432.1212 Weapons in casino.
Rule 212. (1) An individual may not carry a firearm or other weapon in a casino, except for the following entities:
(a) State, county, city, township, or village law enforcement officers, as defined in section 2(e) of Act No. 203 of the Public Acts of 1965, as amended, being § 28.601 et seq. of the Michigan Compiled Laws.
(b) Federal law enforcement officers, as defined in 5 U.S.C. § 8331.
(c) Armored car personnel picking up or delivering currency at secured areas.
(2) Law enforcement officers conducting official duties within a casino shall, to the extent practicable, advise the Michigan state police gaming section of their presence.
(3) Private casino security personnel may carry handcuffs while on duty in a casino.
Looking at this one would think this would apply to all casinos in Michigan. This would be incorrect. The Michigan Gaming Control and Revenue act only applies to three privately owned casinos within the city of Detroit and created the Michigan Gaming Control Board to oversee those casinos. Since other casinos in Michigan are tribal and not controlled under this act, 432.1212 does not apply to them and the tribes are able to make their own laws regarding guns in their casinos or on tribal land in general.
Mon, 09/19/2011 - 11:47am
Hypothetical (Michigan law applies)
Parameters: Husband and wife BOTH have CPLs.
All handguns are registered to Husband.
Two handguns are loaded and are in the center consol of car.
Assume husband has a BAL of over 0.02
Scene: Husband and wife go out to dinner. Husband has 3 alcoholic drinks (Within an hours time) with dinner. Wife does not drink alcohol. After dinner they enter the car and drive home. The wife is driving. Both guns are still loaded and in the console.
The couple gets pulled over and the LEO approaches driver side and the wife states she has a CPL and has guns in the console.
The husband does not say a word throughout the stop.
Question: Is the husband lawful in his silence?
Discuss.
You can also add that the handguns were run (For whatever reason) and the owner was the husband.
Mon, 06/13/2011 - 12:40am
On of my too many hobbies is I belong to a Pyro guild, and we had a club shoot 125 miles from home...
So it is after midnight, I stop by a mini mart gas station to top of the tank before I get back to the higher priced fuel in my area. I am tired and there is a fairly large group (8-10) of kids (16-20) hanging out, making lots of noise, but not being any kind of apparent problem...
I decide to make it easy for me, older guy 6'4" I switch from CC to OC while I fuel up...
As I get out of my PU, dual mag pouch, HK in the pancake I jump out and leave my jacket in the PU to help cool off and wake up in the evening air...
And all the kids go quiet and split post haste....
kind of suspicious, maybe they thought I was a cop....
Fri, 06/10/2011 - 4:01pm
CPL class as a fundraiser for MOC vs CADL appeal. Looking for students
Skip Coryell has offered to conduct a CPL class with all profits going to the MOC appeals case. Skip has done fundraisers before for MOC, Inc and the Second Amendment March. The classes are very well done and many OCers on this forum have taken theses courses.
We have done a pot luck lunch at the class and I believe that all that have participated in past class had a great time.
At this time I would like to get people from the SW part of the state interested in taking a CPL class which benefits both the student and the cause. Of course you can take the course even if you live elsewhere.
The class would be $115 (A great price, for a great class) with a date to be determined.
At this time I am gathering interest in this and hope to get a minimum of 10 students. Of course the more students the more money goes to the legal fund.
Skip Coryell is co-owner of Midwest Tactical
http://www.mwtac.com/
