Articles Posted in Gun Laws

Yes, unless the school specifically has a policy against open carry, a person with a valid CPL may open carry on school grounds. However, the multitude of laws addressing this topic is so nuanced that a person wishing to open carry on school grounds should consider contacting the school and the local police agency prior to open carrying on school grounds.

The issue of open carry on school grounds has been extensively litigated finally resolved by at the end of July 2018 Michigan Supreme Court opinion by the name of Michigan Gun Owners, Inc v. Ann Arbor Public Schools. In this case, the plaintiffs, Michigan Gun Owners and Michigan Open Carry, Inc., set forth Michigan law supporting open carry on school grounds as follows:

• MCL § 750.237a(4) generally prohibits possession of a firearm within a “weapon free school zone”.
• MCL § 750.237a(5)(c) exempts “an individual who is licensed by this state or another state to carry a concealed weapon”.
• MCL § 28.425o(1)(a) generally prohibits the carrying of a “concealed weapon” at a school or school property. However, this statute specifically provides an exception for a concealed pistol licensee while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the student from the school.
• 18 USC §922(q)(2)(A) restricts knowingly possessing a firearm in a school zone. An exception exists for an individual licensed to do so by the State in which the school zone is located. 18 USC §922(q)(2)(B)(ii).

It was the Michigan Gun Owner and Michigan Open Carry, Inc.’s position in this case that because of the interplay between the above sections of Michigan law, open carry is allowed, for CPL holders only, and that Michigan Public Schools were precluded from modifying this law in any way by the law of preemption.  This second argument was based on MCL § 123.1102, which preempts local units of government from adopting firearm ordinances or regulations.

The number of Michigan citizens with a Concealed Pistol License (CPL) continues to increase each year with 2018 on track to become a recording breaking year. As of April 2018, there are a total of 993,026 CPL holders in Michigan according to police CPL records.  The current pace of new applicants suggests that the number will exceed one million CPL holders later this year.

The number of Michigan CPL holders continues to increase year-over-year, and one reason is that Michigan became a CPL “shall-issue” state in 2001. Then, in 2015, Michigan County Clerk offices and the Michigan State Police became responsible for processing concealed weapon applications under Senate Bills 34 and 35 or Public Acts 3 and 4. This important change in Michigan’s CPL law did away with gun boards that included county sheriffs and prosecutors.  With this change Michigan became a true shall issue state because now all applicants are approved provided they meet the statutory guidelines. One final change in 2015 included a reduction in processing time. Under Michigan’s CPL law, applications are to be processed within 45 days and if the paperwork isn’t processed within the 45-day-period applicants can use their application receipts received by the clerk’s office as proof of certification.  However, applicants usually receive their CPLs in a much shorter time, often within a couple weeks.

Because Michigan is a shall issue state, provided an individual takes a one-day class, pays the application and fingerprint fee, and can pass a background check, they shall be given a CPL.  Once a valid CPL is obtained, it remains valid for five years, and the CPL holder can lawfully carry a concealed pistol anywhere not otherwise precluded by law.  These so-called gun free zones include such things as sports arenas, schools, courts, post offices, banks, places of worship, day care centers, etc.  The State is required to create an on-line CPL renewal process by October 2018.

If you have a concealed pistol license in Michigan, then you are free to carry your concealed weapon throughout the state.  This means you can carry a gun with you while driving on streets or freeways, including rest areas, while shopping, eating at certain restaurants while walking in fairs and fairgrounds, neighborhood BBQs, many small (non-sports) entertainment facilities and many other places.

However, there are certain areas that are strictly excluded from your right to carry.  These CPL exclusions are set forth in MCL sec. 28.425o.

CPL Exclusions:

On July 1, 2001, Michigan’s new concealed carry law went into effect.  With this new law, Michigan effectively became a “shall issue” state, meaning everyone not otherwise excluded by law is entitled to obtain a license allowing them to carry a concealed weapon.

To obtain a concealed pistol license or CPL, you must file an application with the county clerk where you reside. The Concealed pistol license application can be download here or on the state police website, but should not be signed until you file it.  You will then be placed under oath by the clerk, after which you will sign your application in their presence.  A $100.00 filing fee is due at this time.  Additionally, you must have your fingerprints taken, and there is an additional $15.00 fee for this service.  Your application is not complete until your fingerprints are taken.  In most instances, the county clerk will direct you the nearby county sheriff location where your fingerprints will be taken.  Other possible locations for fingerprints include county the state police, local police agency, or other entity that provides fingerprinting services.

In addition to the application and fingerprints, you must also present a certificate indicating that you’ve attended an approved appropriate pistol safety training course or class.  These classes include information about gun safety, use of force law, and range training where you will shoot a pistol under the supervision of an instructor.