Allowing Concealed Guns To Be Carried Without A Permit:
The is legislation currently pending that would change Michigans concealed carry permit laws. Under the new law, legal gun owners could carry a concealed gun without needing a permit. We wrote about this possible change to state gun laws last month, and explained what the possible changes would mean.
Under this potential law, Michigan residents would no longer be required to register their handguns with the state. For those people who are already registered, this bill would allow them to request that the Michigan State Police remove their names and information from the state registry. In addition, this bill would eliminate the $250 fine that state law currently assigns to everyone who fails to register a handgun. This new proposed law would not allow people that are prohibited from carrying to now start carrying a weapon.
Are Police Being Taught To Pull The Trigger Too Fast
Minnesota law doesn’t require people to tell police they have a gun unless asked. Instructors give conflicting advice on this but cops say they appreciate being told as soon as possible. Most of them have stories about close calls, when a legal gun appeared in the wrong way.
One officer recalls telling a gun owner, “Do you realize you almost died tonight?” The officer, whom we’re not identifying because he doesn’t have permission from work to talk about this, says he’d pulled the man over for a routine traffic stop.
“So I said, ‘I see you have a permit to carry. Do you have a firearm in the vehicle?’ “
“And … ‘Yeah, it’s right here,’ and he reaches over to his passenger seat, and I’m going, ‘Stop. Don’t move,’ and he grabs this shirt,” the officer recalls. “And I can then see a gun in it, and he’s grabbing it.”
The officer says he managed to grab the man’s arm before being forced to pull his own gun, but police have shot motorists for a lot less than that.
Minnesota is an example of a state that’s still adjusting to its new gun culture, and the state hasn’t introduced any specific training for officers on how best to handle legally armed citizens. Some wonder if that played a role in the death of Philando Castile earlier this month. He’s the black man who was shot during a traffic stop his girlfriend, who was in the car with him, has said he was trying to tell the officer about his permitted gun.
Criminalizing Guns Left Where Minors Can Access Them Easily:
This bill, which was introduced by the Senate, would make it illegal for a gun owner to store a gun in such a way that it is accessible to a minor. Under this potential law, a gun owner would be required to lock the firearm, keep it in a locked container, or store it in a location that a reasonable person would believe was secure. Failure to do so could result in criminal charges, depending on how the gun was used by a minor or unauthorized person.
As the Michigan State Police website reminds us, Firearm ownership carries with it a responsibility of safeguarding the welfare of others and you when handling firearms. Accident prevention is the users responsibility. The MSP recommends using a gun case or locked cabinet to keep unsupervised children and intruders from finding and using a homeowners guns.
Join us next time as we continue this discussion about potential changes to Michigans gun laws coming down the pipeline. Until then, if you or one of your loved ones has been accused of any kind of weapon-related crime, contact The Kronzek Firm at 866 766 5245 immediately. Our experienced trial attorneys have defended countless people accused of murder, assault with a weapon, armed robbery, and many other crimes. We can help you too.
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Law Regarding Carrying A Concealed Handgun Without A Permit
Firearm laws can be complex. It is the responsibility of each person holding a Maine concealed handgun permit to check with the state/jurisdiction they are traveling to determine whether that state honors Maines permit and whether there are any restrictions or conditions imposed on out of state permits and the carrying of firearms.
Pursuant to LD 652/P.L. 2015 Chapter 327 the Department of Public Safety is required to post on their website a list of safety programs certified by a national nonprofit membership organization that provides a volunteer safety program, including the training of people in the safe handling and use of handguns.
Here’s Where Gun Laws Stand In Your State
But even many rank-and-file cops want some limits. Steve Loomis is head of the biggest police union in Cleveland he calls himself a “Second Amendment guy,” but on Sunday he asked Ohio Gov. John Kasich to limit the state’s open-carry law during this week’s Republican convention.
Loomis, talking to a reporter from The Plain Dealer, said there are certain practical problems in having people walk around downtown carrying semiautomatic rifles.
“Somebody’s going to be watching, there’s going to be multiple police officers watching that person with that AR-15, when they should be over here watching for the guy that’s not on his meds that has a couple of handguns,” Loomis said.
That’s one of the challenges for police: Even in states with open carry, when people see someone with a gun, they tend to call the cops and then the police get the thankless job of challenging someone who may or may not be a threat. One high-ranking officer in Texas calls it a “headache.”
“When you have all these people running around with guns and rifles, you don’t know who the bad guy is,” he says.
Another potential headache is concealed-carry permits, and the people who like to keep their guns secret, like Joseph Olson of Minnesota.
“Unless it’s an essential part of what I’m doing, like defending myself, whether or not I’m carrying it at any given time is something I never say,” says Olson, a retired law professor who led the campaign to make his state a concealed-carry state in 2003.
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Retailers Quiet About Open
Retailers face tough obstacles in preventing mass killings like those that struck El Paso and Dayton.
Unlike airports, stadiums and other venues where security checkpoints have become common and certain items are prohibited, there usually aren’t the same types of barriers at stores.
The retail shopping experience is largely premised on the free flow of people in and out, including those carrying bulky packages that could conceal weapons, Besides, guns are allowed in public under “open-carry” laws in Arizona and many other states, though private businesses do have the option of prohibiting them in Arizona.
Robert Moraca, a vice president specializing in crime and loss prevention at the National Retail Federation, predicted retailers will take the opportunity to provide additional training to managers and employees on active-shooter response situations.
The recent shootings elevate “heightened-security awareness” throughout the industry, he said in an email note to The Republic. Retailers will encourage their store managers to connect with mall managers, landlord security personnel and law enforcement officials in their areas, while reminding managers and employees to notify authorities if they see something suspicious.
Still, there are no practical security tools or measures to prevent retailers and other businesses from being victimized in these types of incidents, Moraca cautioned.
“There’s no change to our policies at this time,” in the wake of the shootings,he added.
Leosa Applies To Qualified Active Duty And Retired Officers
LAW ENFORCEMENT OFFICERS SAFETY ACT OF 2004
On July 22, 2004, President George W. Bush signed into law H.R. 218, the Law Enforcement Officers Safety Act ,30 which created a general nationwide recognition that the public is better served by allowing law enforcement officers to carry their firearms outside of their jurisdictions whether they are on or off duty. The theory behind LEOSA already was recognized among a number of states.31 That is, law enforcement officers retain their identity, training, experience, and dedication to the safety and welfare of the community regardless of whether they are on duty in their employers jurisdiction, going home to another community, or merely traveling for leisure purposes. However, the act creates a limited privilege to carry concealed weapons for law enforcement officers, not a right to bear arms.
Qualification Under LEOSA
Qualified retired officers must have retired in good standing for reasons other than mental instability and served at least an aggregate of 15 years.38 However, if the retirement was due to a service-related disability, the officer need only have completed the probationary period to qualify under this act.39 Retired officers also must have a nonforfeitable right to benefits under their agencys retirement plan.40 At personal expense, the retired officer must meet the state standard for firearms qualification required for active law enforcement officers.41
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Annual Legislative Statistical Reports
These summary reports cover the period for each respective calendar year, and also include statistical data for permits issued since inception of the CHP Unit on April 19, 1996. The number of concealed handgun permits issued, denied, suspended, or revoked during these periods and the reasons for such are categorized by age, race, sex, parish and zip code.
Demeanor Of A Concealed Weapon Carrying Civilian
Most concealed gun carriers have nothing to hide. They are generally not evasive in their speech or mannerisms. They may be nervous, but they are generally forthright in their dealings with law enforcement. If you ask them if they are carrying a handgun, they will most likely tell you. The law in many areas demands that they tell you upon contact.
Dont expect them to share this information with you on contact, though. Some CCW civilians will be nervous enough to forget to tell you or just hope to get through the contact without you noticing. This may be true on car stops for traffic infractions a technical foul, but not a deal-breaker for me personally.
Other notes about concealed carriers:
Being around cops will make many gun carriers nervous. They become self-conscious about carrying a handgun and will demonstrate that nervousness by their body language. You may key into this as being suspicious behavior. I would suggest evaluating further before you make an assumption. Off-duty cops have a bad habit of not really concealing the gun well. They dont seem to mind that it will show or that people may notice and take alarm. After all, they are cops and not bad guys, right? Lawful concealed gun carriers also feel as if they are the good guys.
Remember, they dont always think ahead or have rehearsal training in how to interact with law enforcement.
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Law Enforcement Officers Retain Their Identity Training Experience And Dedication To The Safety And Welfare Of The Community Regardless Of Whether They Are On Duty
Self-defense is a basic right recognized by various legal systems throughout the ages. More important, individual self-defense is a fundamental right from an American perspective, deeply rooted in the nations history and tradition. As such, it is a central component to the Second Amendment right to bear arms to include the protection of ones home, self, family, and property, a right protected from infringement by the federal government, as well as from the states. The Court reversed the court of appeals and remanded the case for further proceedings.
Today, not only police officers but virtually all Americans may possess a handgun for home protection. As noted in Heller,18 this may be limited as a result of reasonable restrictions, such as mental instability and felony convictions. In addition, local and state restrictions concerning the storage and number of handguns still may be lawful. However, any restrictions that appear so restrictive as to circumvent this individual right to bear arms likely will be deemed unconstitutional.
In 1968, Congress enacted the Federal Gun Control Act,19 prohibiting convicted felons from possessing a firearm. Since the passage of this act, Congress has enacted additional pieces of legislation to further restrict firearm possession. Two of these acts in particularthe Lautenberg Amendment20 and the Brady Handgun Violence Prevention Actcould affect law enforcement officers and their employers.21
The Lautenberg Amendment
Education And Public Awareness About Concealed Gun Carriers
Rather than seeing CCW as a necessary evil, I would look upon it as an opportunity to work with your citizens. In talking with CCW carriers in my courses I have had numerous opportunities to get their point of view on this subject. By and large, they are very pro-law enforcement and will go out of their way to help you should the need arise. I treat them with respect and as a resource.
Law abiding citizens do not expect to be treated like a felon nor should they be. They will be angry if you prone them out, spread eagle them against a wall or take their firearm from them without just cause. I dont expect all concealed carrying citizens to be experts on the laws in your state. Most will understand the gist of it but may get lost on certain points.
Traffic stops are times to take extra consideration when dealing with a concealed firearm.
Consider having a pamphlet made up that explains concealed carry facts and laws in laymans terms instead of dry legal prose. Have a question and answer section of the most commonly asked questions that you will get. When you meet a citizen with a CCW, give them a pamphlet.
Keep in mind that though they carry firearms, CCW permit holders dont expect to be treated like felons when contacted for minor infractions or otherwise. A little care and consideration go a long way in avoiding unnecessary conflict.
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Conceal Carry In Police Station
This article, headlined “Man Arrested After Bringing Gun to Police Station” appears on-line today: While the title is misleading once further information is revealed in the reporting, it does bring to mind a question. Are police stations considered off-limits for conceal carry? PA Title 61 § 5902 Weapons in Detention Centers reads :” be brought into any correctional institution or any building appurtenant thereto or on to the land granted to or owned or leased by the Commonwealth for the use and benefit of inmates…”On its surface, this does not seem to explicitly prohibit concealed carry in a local municipality police station, but I don’t think I want to be the one to test the theory. Nevertheless, one never knows when cc what circumstances may arise where one finds himself in need of entering a police station. Perhaps gun lawyer or other member knowledgeable in these matters can offer an informed opinion?
Gun Laws In Michigan: New Possible Changes You Should Know About 1
Michigan gun laws are about to change. But how? Read on to find out
Gun laws are one of those controversial subjects endlessly being debated here in Michigan. Does safety trump second amendment rights? Whats more important a persons right to bear arms, or a communitys right to be free from weapons. Are guns used more for crime, or for protection? These questions arent likely to go away anytime soon, and our legislature is constantly readdressing the issue of gun safety. So what are the most recent changes and proposed changes? We break it down for you in this three part series.
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Men Pulled Over In Tactical Vests Masks
Police were called to a shopping district at Ford Road and Southfield Freeway Feb. 5 when somebody reported seeing two men in a car wearing tactical vests and masks. A Dearborn police sergeant on patrol said he saw the men in a car near a park three miles away and pulled them over.
The men were wearing heavy tactical vests, and the passenger was wearing a balaclava mask that covered his face, the sergeant said. He refused to speak to the sergeant, police said.
“Let me go on my way,” one of the men said during the traffic stop. “Let me be free to go, we’ve broken no laws. This, you know this, this is an illegal detention and you’d better get your s— straight, we’re done. … Oh, I will file a complaint.”
They were released and drove to the Dearborn police station, where they started filming, police said. In the video, one of the men said he was going to file a complaint because they were “illegally pulled over.” He said they feared for their lives during the traffic stop.
Gun Rights Group Denounces Stunt
Dearborn police and a local open carry rights gun group have criticized the men for their actions.
I find this behavior totally unacceptable and irresponsible. This is not a Second Amendment issue for me, Dearborn Police Chief Ronald Haddad said in a press release. We had members of the public in our lobby that fled in fear for their safety as these men entered our building.
Michigan Open Carry Inc., said it in no way supports the actions of these individuals.
The group said it advocates for and educates individuals about their legal right to openly carry a holstered handgun for protection.
There is a clear difference between the everyday protection we advocate for and the attention seeking actions of these individuals. Wearing a mask, dark glasses, visible body armor, and a rifle slung across your chest instills a very specific image that cannot be ignored.
Like it or not, exercising your rights is not black and white. How you act and portray yourself is a big part of advocacy. I believe these gentlemen failed in this regard, Michigan Open Carry president Tom Lambert said in a statement.
CNNs Amanda Watts contributed to this report.
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