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    Re: Open Carry

    Posted by anonymous law student on 1/13/04


    I recently talked to someone about Michigan's concealment permit
    regulations (now it is easier than before, to get a permit...but
    there are new restrictions in that you can't be within certain
    distance of a school, in a church, on property of a University,
    in a place that sells unpackaged liquor, or in a variety of
    other places).

    These restrictions sound just swell. After all, who wants
    people running around shooting school kids in the playground,
    right?

    But as with many states, Michigan has its population
    concentrated into a small area, principally the southeast corner
    of the state. In this dense population, obviously, there have
    to be schools - and lots of them. The problem arises when you
    realise that there is an average of about 1 school per 3 square
    miles in many cities.

    I forget the exact distance from school property, but suffice it
    to say that it is a lot more than 10 feet or so (I'm thinking
    1,000 feet). Working the geography, you will notice that a the
    bulk of people can not carry concealed in their own back yards,
    perhaps in their own *homes* (?!) the way the law is written.
    Furthermore, travelling is next to impossible, as you will pass
    within "X yards" of a schoolyard, pretty much no matter where
    you go.

    But these are minor problems, which (one can HOPE) a judge will
    resolve, should the need arise (Hopefully a judge will note that
    passing by a schoolground, on your way to your destination, is
    not the same as stalking a schoolyard with a gun - but then a
    judge could easily rule the other way).

    In the end, it is all about DESTINATIONS, and the right to carry
    your weapon to a destination. Whenever I leave my house to go
    somewhere, it is almost always to go to a particular
    DESTINATION. Not just to burn up all the gas in my gas tank.

    I for one believe that our sad Meijer shopper is completely
    within his rights to carry his piece in the store. The store is
    within its rights to *TELL* him that he must leave. They can
    even call the police, as a "stand by", just in case things get
    out of hand, and he refuses to leave.

    In the great tradition of guns, carrying your personal
    protection to the store has been an option which a citizen could
    always exercise. Also, a store owner has always had the right
    to say "excuse me, but we don't allow guns in our store" (but
    oddly, Meijer sells shotguns and other long arms, btw). If a
    shop owner says that, then you should say "Oh, sorry about
    that. I didn't know your policy. I'll go lock this in my trunk
    (or whatever)."

    Maybe you'd think that the unfortunate Meijer shopper should
    have KNOWN the store's policy, without asking (or without being
    confronted to begin with). "Ignorance of the LAW is no excuse",
    but ignorance of some picayune store policty should NOT land you
    in jail. Ignorance of some retail corporation's store
    regulations is a perfectly FINE excuse, until you are notified
    of he existance of the regulation (then there is no
    longer "ignorance", and you are probably tresspassing if you do
    not comply)

    The destination problem is a tough nut to crack. Michigan law
    forbids carrying a gun in a church, temple or other house of
    worship. What if I have a church, and I say it is ok to carry a
    gun in *MY* church? Under Michigan law (in clear violation of
    church/state seperation, and in clear violation of amendment 2),
    I can't even declare my church "gun friendly". Same goes with a
    private school or academy (Detroit has some of the toughest
    schools in the country, and now, under this revised law, an
    elderly, tenured teacher with a gun permit can't carry in those
    very schools, for self defense (though a large number of her
    students might be armed))

    The real core of the "destination" problem is a POLICY issue.

    You might try to say that a Meijer store is not a "public
    place", though under many interpretations and situations, it is
    treated quite similarly.

    You might like to limit the places someone can go with their
    personal protection firearm.

    You may then say theatres, bars, restaraunts, schools, sports
    events, large public gatherings, malls... keep on going. (In
    fact, just about all of these places are now forbidden from
    concealed carry in Michigan, under the new supposedly "relaxed"
    laws).

    In the end, what are you really doing?

    You are saying "I don't want anyone to go to ANY place with
    their gun, unless it is home, or the shooting range, or a public
    street".

    And that brings me (finally) to the conclusion... If we don't
    want people going to any particular DESTINATION when they carry,
    then what we are really saying is this:
    We only want someone to carry, if they are doing so while
    aimlessly wandering the streets, with no particular destination,
    and no particular plans in mind"

    In other words:

    Don't take your gun to the store, to protect yourself in the
    parking lot at 4 a.m. while you get baby formula from Meijer
    (open 24 hours, by the way). That would make you a dangerous
    character.

    However, if you get in your car, with your gun, and cruise the
    streets aimlessly, never stopping in a store or theatre, looking
    for trouble ... well, that's an upstanding an sublime act of
    good citizenry! We should support such behavior of aimless,
    roving street vigilantes ... and punish the dad who lives in a
    tough neighborhood, whose child needs a bandage from Meijer at 3
    a.m. (because she rolled out of bed, and cut her arm, or
    whatever).

    Unless you allow destinations, and allow them broadly, the
    ability to carry will only protect the aimless and the wandering
    troublemakers. Not the people you probably want to see armed.


    > On 11/03/03, Prairie Dawg wrote:
    >> While respecting your right to wander around in public with
    > a
    >> hogleg pistol stuffed in your breeches if the state of
    >> Michigan thinks you are entitled to do so, I have to ask why
    >> you think a department store is a public place? It isn't.
    >>
    >> Why do you think it's necessary to wander around armed over
    >> there between the cabbages and the potatoes? I can make a
    >> pretty good argument that what you did violated store
    > policy,
    >> and you also musta pegged their insurance liability threat
    >> meter.
    >>

    Posts on this thread, including this one
  • Open Carry, 9/06/03, by SPOT.
  • Re: Open Carry, 9/06/03, by Hardy Parkerson, Atty..
  • Re: Open Carry, 9/07/03, by SPOT.
  • Re: Open Carry, 9/08/03, by R.L. Stevenson, J.D..
  • Re: Open Carry, 9/09/03, by SPOT.
  • Re: Open Carry, 11/03/03, by Prairie Dawg.
  • Re: Open Carry, 11/23/03, by Joel Clyde.
  • Re: Open Carry, 1/13/04, by anonymous law student.
  • Re: Open Carry & gun control, 1/22/04, by v.
  • Re: Open Carry & gun control, 1/26/04, by brontosaurus.
  • Re: Open Carry & gun control, 2/14/04, by Punchhowzer.
  • Re: Open Carry & gun control, 2/14/04, by Punchhowzer.
  • Re: Open Carry & gun control, 2/14/04, by Punchhowzer.


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