LAID - Legally Armed In Detroit (Michigan CPL CCW Classes): May 2013

Friday, May 31, 2013

Michigan CPL FAQ: Is The Detroit Grand Prix At Belle Isle A Gun Free Zone?

Ask The Michigan Firearms Instructor

Q: Is the Detroit Grand Prix at Belle Isle a gun free zone?

A: No. The Detroit Grand Prix at Belle Isle can't be made into a gun free zone. The city of Detroit or any other Michigan city can not confer upon any person, regardless of how much money he has, the authority that it itself does not have - to turn a public park into a gun free zone.

This issue has come up many times in the past: Arts, Beats, and Eats and the Detroit Country Hoe-Down are just a couple.

Next year or whenever they decide to hold this event in the future, I am going to call for a an Open Carry meetup at the Detroit Grand Prix.

I'd love to see Mr. Penske's face when 100 armed citizens show up to educate him about Michigan firearm laws.

If I announce a meetup, would you come - with your gun?

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

Rick Ector is a National Rifle Association credentialed Firearms Trainer, who provides Michigan CCW Class training in Detroit for students at his firearms school - Rick's Firearm Academy of Detroit.

Ector is a recognized expert in firearm safety and has been featured extensively in the national and local media: Associated Press, UPI, NRAnews, Guns Digest, Tactical-Life, The Truth About Guns, The Politics Daily, Fox News Detroit, The Detroit News, The Detroit Examiner, WJLB, WGPR, and the UrbanShooterPodcast.

For more info about free shooting lessons for women and Michigan CCW Classes, please contact:

Rick's Firearm Academy of Detroit
Web: http://www.detroitccw.com.
Email: info@detroitccw.com
Phone: 313.733.74

If this information was useful for you, would you please make a small recurring donation to support this site?

Rick Ector Discusses Bloomerg Article On Citizens Defending Themselves On "Cam and Co." Today - 2pm EST

Later this afternoon, at 2:10pm EST I will be making an appearance on the "Cam and Company Show." As you may have heard the show still airs daily on the NRANews web site, but at a new time: 2:00pm - 5:00pm EST. The fourth hour and additional new hour of coverage is on the Sportsman Channel.

During the show we will be discussing a story that was published today in the media empire controlled by Bloomberg News. The article was entitled, "Detroit Citizens Protect Themselves After Police Force Decimated." No mention was made of lawfully armed citizens who have embraced responsibility for their safety. Instead, we are shown how unarmed citizen patrols are attempting to keep people safe.

If you have been following me, you already know how I feel about Gun Rights and Self-Defense. I will be sharing my thoughts, opinions, and feedback. I will post a video recap link, if and when one is made available later in the day.

About The Author

Rick Ector is a National Rifle Association credentialed Firearms Trainer, who provides Michigan CCW Class training in Detroit for students at his firearms school - Rick's Firearm Academy of Detroit.

Ector is a recognized expert in firearm safety and has been featured extensively in the national and local media: Associated Press, UPI, NRAnews, Guns Digest, Tactical-Life, The Truth About Guns, The Politics Daily, Fox News Detroit, The Detroit News, The Detroit Examiner, WJLB, WGPR, and the UrbanShooterPodcast.

For more info about free shooting lessons for women and Michigan CCW Classes, please contact:

Rick's Firearm Academy of Detroit
Web: http://www.detroitccw.com.
Email: info@detroitccw.com
Phone: 313.733.7404

If this information was useful for you, would you please make a small recurring donation to support this site?

Michigan Firearm FAQ: Can You Carry Firearms In National Parks Located In Michigan?

Ask The Michigan Firearms Instructor

Q: Is it legal to carry, either open or concealed, on properties under control of the National Park Service in Michigan - including Sleeping Bear Dunes National Lake Shore, Manitou Island, Isle Royal and etc.? Does the Michigan self defense act apply in these places? I had a co-worker camping on Manitou Island harassed by an overzealous park ranger demanding to search their tents for weapons. They had none and refused the search. He eventually backed down and nothing further happened.

A: The Credit Card Accountability Responsibility and Disclosure Act of 2009 (Section 512, P.L. 111-24 ), which was passed by Congress and signed by the President in May 2009, provides:

"The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if

(1) the individual is not otherwise prohibited by law from possessing the firearm;

(2) and the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located."

Do keep in mind that firearm possession is still illegal in federal buildings (18 U.S.C. 930(g)(1)), so an armed visitor could not use any of the ranger offices, visitor centers, or sponsored tours.

The NPS has published a booklet entitled "Firearms In Parks."

Firearms can be carried in 372 out of 392 federally ran park facilities. The facilities where they can't be carried is due to state gun laws. All of the federal parks in Michigan allow firearm carry, as allowed by Michigan state law.

Your friends should have lodged a complaint against the offending ranger.

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

Thursday, May 30, 2013

Michigan CPL Class FAQ: Are Police Stations Gun Free Zones?

Ask The Michigan Firearms Instructor

Q: Are Police Stations Gun Free Zones?

A: No, police stations are NOT gun free zones. Many people ask this question because in some cities there are metal detectors and/or screening stations at the entrances.

Police stations are NOT listed in Michigan's statutes (MCL 28.425o and MCL 750.234d) as being gun free zones. Thus, any effort to bar citizens from carrying arms while visiting are illegal. Obvious allowances should be made for non-public areas of the police stations. For example, armed citizens can be barred from the prisoner lock-up area and other non-public sections of the building. However, under no circumstance should an armed citizen be barred from entering the public areas of a police station.

MCL 123.1102 is very clear: "A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state."

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

Michigan Firearm FAQ: Can The City Of Southfield Ban Guns In Its Municipal Nature Walk Park?

Ask The Michigan Firearms Instructor

Q: I saw a "No Weapons" sign at the entrance to the city of Southfield's Nature Walk. Is this sign valid?

A: Due to Michigan's statute of firearm preemption, no local unit of government - cities, counties, and authorities - can create enforceable firearm ordinances.

MCL 123.1102 is very clear: "A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state."

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

Wednesday, May 29, 2013

Michigan Firearms FAQ: Can A Person Use Deadly Force To Defend Another Person Who Is Being Violently Attacked?

Ask The Michigan Firearms Instructor

Q: Can A Person Use Deadly Force To Defend Another Person Who Is Being Violently Attacked?

A: MCL 780.972 Use of deadly force by individual not engaged in commission of crime; conditions.
Sec. 2.

(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:

(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.

(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.

(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

Michigan Law: Can A Private Citizen Effect A Lawful Arrest Of A Suspect In Michigan?

Ask The Michigan Firearms Instructor

Q: Rick, Is there a such thing as a "CITIZEN ARREST?" There is a story on channel 4 that greatly disturbed me
(See video)

Can a person step in to stop this? How do you properly and legally handle a situation like this? Can you please post, and notify me when you do? Thanks.

A: Yes, Michigan law does recognize citizen arrests. MCL 746.16 states the following:

764.16 Arrest by private person; situations.

Sec. 16. A private person may make an arrest—in the following situations:

(a) For a felony committed in the private person's presence.
(b) If the person to be arrested has committed a felony although not in the private person's presence.
(c) If the private person is summoned by a peace officer to assist the officer in making an arrest.
(d) If the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person to be arrested has violated section 356c or 356d of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.356c and 750.356d of the Michigan Compiled Laws, in that store, regardless of whether the violation was committed in the presence of the private person.

764.20 Arrest; private persons, duty.
Sec. 20.

"A private person, before making an arrest, shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, except when he is then engaged in the commission of a criminal offense, or if he flees or forcibly resists arrest before the person making the arrest has opportunity so to inform him."

Obviously, there are some issues to think through before making a citizen's arrest. First of all, do you know the difference between a felony and a misdemeanor? Guessing could get you in trouble.

Secondly, there are additional risks. You could be injured. You could get arrested. You might even get charged with a crime. In short, if you witness a felony you have a choice to make: get involved, be a good witness, or pretend like you didn't see anything.

Make your best decision; you'll have to bear the consequences. There is no right or wrong answer. What is important is "your answer."

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

Michigan CPL FAQ: Can I Take The Concealed Pistol License Class Before My 21rst Birthday?

Ask The Michigan Firearms Instructor

Q: I have not yet reached my 21rst birthday. Can I take the CPL Class early?

A: Yes, you can take the CPL Class in advance of your birthday. When you turn 21, you can then submit your class completion certificate and CPL Application to your County Clerk's Office.

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

Michigan Firearms FAQ: Do I Need A License To Carry A Vietnam Era SKS Rifle?

Ask The Michigan Firearms Instructor

Q: I am a photographer creating a series in Detroit. In one of the images that I will be creating, I wanted to use the gun (SKS) that my dad brought back from Vietnam as a prop. I wasn't sure if this was something that I would need to get a permit for or what. I am not sure if its registered, its just always been on our wall growing up. If you can direct me in any way, I would appreciate it. Thank you.

A: Open Carry of rifles is legal in the state of Michigan. Rifles don't require registration or a permit to carry. I strongly urge that you spend some time getting acquainted with Michigan's firearm laws, especially gun free zones and proper transport in a vehicle, before embarking on your project.

In addition, I suggest that you carry your rifle on a sling and not be carrying it around in your hands. Moreover, I am not exactly sure of what activities you will be engaging in while "creating your series," but you may draw attention to yourself. As such, you may come into contact with law enforcement. You should prepare yourself for such an encounter by knowing the laws.

Don't take my advice as discouragement. I am a huge supporter of gun rights. However, I strongly feel that you should be prepared. If I can be of further assistance, please don't hesitate to contact me.

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

Michigan CPL FAQ: Do I Need To Own A Handgun Before Taking The Concealed Pistol License Class?

Ask The Michigan Firearms Instructor

Q: Do I need to own a handgun before I take the CPL Class?

A: No, you do not need to own a handgun before taking the class. If you have never bought a defensive handgun, it is in your best interests to wait until after taking the class.

The CPL Class will provide you with information that will assist you with making a wise purchasing decision. A handgun is a major financial investment.

As such, it is important that you have been instructed on important characteristics to keep in mind when making your selection. Moreover, you can inexpensively rent a handgun at the gun range to satisfy your shooting exercise requirement for the class.

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

Michigan Firearms Law: How Can I Legally Take Possession Of A Handgun From A Relative In Another State?

Ask The Michigan Firearms Instructor

Q: Hello Rick. I have a question for you. My dad lives in Tennessee and he wants to give me one of his pistols. What do I have to do to transfer it to my name? Basically, what is the proper procedure?

A: In a nutshell, you will need to have the firearm shipped to a federally licensed gun dealer locally for you to have the handgun transferred to you. The gun shop you select will advise you how to have the firearm properly shipped to his location.

Source:
A person not licensed under the Gun Control Act (GCA) and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer. [18 U.S.C. 922(a)(3) and 922(b)(3)]

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

Michigan CPL FAQ: Can A Person Receive Both A CPL And A Medical Marijuana License?

Ask The Michigan Firearms Instructor

Q: Hello, I have a question Sir. If someone obtains both a CPL (Concealed Pistol License) and a MMC
(Medical Marijuana) card, does one interfere with the other?

A: The ATF at the federal level issued a memo recently whereby they assert that a Medical Marijuana License holder is a user of a controlled substance. As such, they believe that you can not own or buy a handgun and that your status could negatively affect your ability to get a state concealed pistol license.

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

Tuesday, May 28, 2013

Michigan CPL FAQ: Can You Carry A Pistol At A Festival Or At A Fair?

Ask The Michigan Firearms Instructor

Q: Are you allowed to carry ( a firearm) at a festival or a local carnival?

A: In general, YES, you can legally carry a firearm in accordance with state (Michigan) law at a festival or a local carnival. However, in some conceivable circumstances you could be not allowed to do so. If and only if, a carnival or a fair took place on private property and the private property owner did not want firearms on his personal/private property he could post signs and enforce his policy.

Also, if the fair or carnival was being held on the grounds of a school - a Michigan pistol free zone - persons with CPLs would be forced to open carry their pistols to stay in compliance with state law.

If the fair sells alcohol via a license from the MLCC then persons without a CPL would not be able to carry there. Moreover, with respect to conceal carry, I am not convinced that a fair where alcohol is served is a bar under the conceal carry statute. And of course, I strongly advise one not to drink while carrying a firearm.

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author

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Friday, May 31, 2013

Thursday, May 30, 2013

Wednesday, May 29, 2013

Tuesday, May 28, 2013

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