What is Senate Bill 422?
The bill will create an exemption to concealed carry pistol
free zones (PFZ) in MCL 28.425o. Any CPL holder can qualify for the exemption
upon request with no additional training. New and renewal applicants will not
be charged any additional fee. Clerks can charge current CPL holders up to $20
for a replacement CPL with the exemption box checked.
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| Rick Ector Rick's Firearm Academy |
The bill would prohibit a person from intentionally
displaying (open carrying) a firearm on the premises of a pistol free zone in
MCL 28.425o unless the person is the owner or employee of the premises or has
the express written consent of the owner. This is the “concealed means
concealed” clause with an exemption for express consent on private property. We
feel the language in the bill is sufficient to protect people printing or
accidentally exposing their firearms.
Private property owners can continue to prevent all forms of
carry under Michigan trespass law. Public property will continue to be
preempted by state firearms law, meaning that concealed carry with the
exemption cannot be prohibited on public pistol free zones in MCL 28.425o.
The bill is expected to be referred to Senate Judiciary
Committee next week on July 15. Sen. Green has stated that Gov. Snyder has
indicated he will sign the bill.
The bill bans open carry in all PFZs in MCL 28.425o, not
just schools as was in an earlier draft.
From Tom Lambert of Michigan Open Carry.
MOC opposes SB 422 on more than just a ideological level.
Obviously we oppose trading open carry for other things, but our opposition
goes beyond that. In summary, this bill is a sloppy mess.
Why have an exemption if everyone can get it upon request?
Why make people spend the extra time and money if no training or checking is
involved. To us it screams of a mechanism to add extra training. Something we
know Senator Green has supported in the past.
How about the enforcement mechanism? SB 442 would take
something that is currently lawful and make it punishable with a $500 fine and
a 6 month license suspension, then eventually all the way up to a 4 year
felony. 4 years in prison and the extermination of the right to even possess a
gun just for doing something that has been legal since the founding of the
state. All without even the intent of doing something wrong.
It has been stated that there is protection for accidental
exposure and “printing”. We disagree. The bill reads “shall not intentionally
display or openly carry…”. Having just gotten a bill passed where the placement
of the word intentionally was very critical, we firmly believe that language to
be very dangerous. Remember, it punishes intentional display OR open carry. Not
intentionally display OR intentional open carry. Open carriers know that
anti-gun prosecutors will use anything they can. (Note: MCRGO is now commenting
that they would like better language too)
There is a ton more, but the last thing I will mention is
that SB 442 makes it so the acquisition of a CPL would take away a previously
ability. Making this change in 28.425o is absurd because it doesn’t match up
with other statues. For example, without a CPL, I would be able to OC in an
entertainment facility with a seating capacity of 2500+. However, once I obtain
a CPL, then I would lose the ability to OC and would only be allowed to CC. The
net effect is an actual loss of rights by obtaining a license. I don’t even
want to think about how an officer would enforce this. Establishing RAS to
detain and investigate someone would be a mine field.
There is a better way forward than this. Even if we wanted
to “swap” there is still a better way to go about that. This has to be the
worst way conceivable.
How about we just let the gun groups do what they are here
to do. The momentum is in our favor and now is not the time to strike.
Rick Ector, of Rick’s Firearm Acadamey in Detroit and strong
2nd amendment advocate said “You don't outlaw Open Carry anywhere
and reasonably expect to get to your destination - Constitutional Carry.
Contrary to what some people are selling, it is NOT an advance. It is winning a
worthless battle to ensure long-term defeat. There is a word for that. It is
called a Pyrrhic Victory. Snyder who took a ton of money from anti Civil Rights
icon Michael Bloomberg needs this deal; we don't. No deal beats a bad deal any
day of the week. Moreover, if the goal is REALLY more guns in PFZs then just
ALSO legalize conceal carry in PFZs. OC would still remain legal, more people
would be carrying, and less people would OC. We don't NEED this legislation” He then continued “Myopic: The issue is
bigger than merely being able to open carry a handgun in specified locations.
The real issue at stake is the end game. Where exactly are we trying to take
gun rights in Michigan? If you believe, as I do, that Constitutional Carry is
the ultimate aim then you do not restrict or ban open carry today in any place
because it will only hurt you down the road when you are trying to get it back.
You never give it up in the first place.
If you are an open carry advocate, it is certainly
understandable that you will frame this issue from that vantage point. You will
make sure that all know that the places where one can legally open carry will
be scarcer in the aftermath. However, by not looking at and recognizing and
also talking about the larger picture, you run the risk of erroneously being
labeled as selfish. You need to also expand the current discussion to include
Constitutional Carry. All gun rights advocates - open, concealed, or both - you
can reach need to hear it, especially from you.
If you are a conceal carry advocate, folks will try to
intellectually seduce you with talk of "baby steps" progress on the
subject of gun rights. The pillow talk will follow along these lines: Since the
Governor is on the record for agreeing to sign this (awful) bill should it
reach his desk, we should take it, proclaim victory, and fight for another day.
Lansing's biggest gun rights foe, Virg Bernero, feigned unhappiness on TV a
week ago about Snyder's support for this (awful) bill. I saw through that sham
performance as soon as I saw his lips moving.
All it would take to make this would-be "progress"
materialize is to throw your open carry brothers and sisters under the bus.
You'll rationalize it as collateral damage to those fringe guys who you might
be told get great joy from scaring babies at schools. However, the joke would
be on us. Banning open carry on any level would paint the practice in the media
and in the public consciousness as bad. We might not ever recover politically
on that issue in the near future to make a run with a new Governor.
I do not buy for one second that the motivation for this
(awful) bill is an imminent need for more legal guns in pistol free zones
today. Besides, if you need to carry in a PFZ then do so in accordance with
current law - openly with a CPL.
In my humble opinion, Snyder knows that the Constitutional
Carry movement would be harmed, perhaps irrevocably, if we went down this road
of banning open carry in PFZs. As it stands, we only need a pro-gun Governor.
Currently, we have a guy who takes money from Bloomberg. Never trust anybody
who takes money from Bloomberg. We wait him out. Anything can happen.
If we really need more legal guns in PFZs, then we either
need to eliminate them altogether or legalize conceal carry in them - without
throwing open carry now and Constitutional Carry down the road under the bus.
The Baby Steps Crowd will tell you that Snyder won't sign it. Fine - no deal is
better than a bad deal.
The game being ran on us is divide and conquer with a
familiar face telling us to take a bad deal because we need a
"victory" now. Well, we don't. The status quo is fine if we don't
sacrifice the end game. To do that, we keep open carry legal in PFZs with a
CPL.
Constitutional Carry is the goal. Never forget that.”
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