The Second Amendment protects the right to keep and bear arms. However, there are many restrictions on that right. Michigan offers the ability of residents to obtain a Concealed Pistol License (CPL), which gives the right to possess a pistol in a way that is beyond the rights of the average person. But, there still are many restrictions on who is allowed to have a license, and what people can do with them.
How Can I Get A CPL?
Obtaining a CPL is an option for residents of Michigan over the age of 21 who have taken a certified class. However, many people are not eligible to have a CPL.
One common restriction is that you can’t be convicted of a felony with a maximum penalty of 4 or more years and have a CPL. There are also numerous misdemeanor offenses that can restrict you from getting a CPL if you have been convicted of them within the 8 years before your application. It is important to note that even if you go through gun rights restoration, you can still be prohibited by federal law from owning firearms, which will prohibit you from obtaining a CPL. The details of this are very complicated and fact-specific. Wondering if you can get a CPL? Check out the Michigan State Police website for more information.
What Are The Rules For Having A CPL?
It is very important to remember that having a Michigan CPL doesn’t give you free rein. You just read about the many restrictions that exist in even obtaining a CPL, but there are further restrictions if you do get one. One of the big things to remember is that there are places you are prohibited from carrying a concealed pistol, even with a CPL. MCL 28.425o lists these prohibited places:
- Sports arenas/stadiums
- Child care or daycare centers
- Church or other places of worship
- Classroom or dorm areas of colleges
- School property, excluding parking area
- A depository financial institution such as a bank or credit union
- Entertainment facilities that can seat 2,500 or more people
- Bars where the sale/consumption of alcohol is the primary source of income
Additionally, an owner of private property is allowed to exclude people from carrying weapons on their property. Yes, they can do this even if you have a CPL.
CPL holders are not required to have their pistol concealed so they are also free to open carry. This includes the places where a resident of Michigan can open carry without a CPL. To learn more about openly carrying a pistol without possessing a CPL, check out our recent blog post What Does It Mean To Open Carry A Pistol Without A CPL In Michigan?.
On the topic of open carry, Michigan law doesn’t prohibit those with a CPL to open carry from open carrying in some of the prohibited areas listed, but we suggest exercising that right with much caution. There are many layers of rules when it comes to these prohibited spaces. While our aggressive firearm attorneys are here to help if a mistake is made, it is better for you to avoid trouble in the first place. Our successful criminal defense attorneys can be reached 24/7 by calling 866 7NoJail or 866 766 5245.
If you are a CPL holder and you are carrying your weapon on your person or in your vehicle, you must disclose it immediately if stopped by a law enforcement officer for any reason. It is a common misconception that you have to disclose your CPL status even if you are not carrying, but that is not required. Still, it’s a good idea to immediately tell the police officer whether or not you are carrying. You are also able to carry another person’s registered pistol if you have a CPL.
Another thing to watch out for is alcohol consumption while carrying a pistol with a CPL. While the typical rule for an Operating While Intoxicated (OWI) is a blood alcohol level of 0.08%, if you are carrying a pistol with a CPL, that level is decreased to 0.02%. In other words, do not carry a firearm if you have consumed any alcohol or other intoxicant (such as weed).
Facing Firearm Charges With A CPL?
Firearm laws in Michigan are tricky, and it is possible to accidentally violate the law after you get a CPL. This can come with serious penalties and can impact your ability to own firearms. If you are faced with a firearm charge, reach out to the aggressive criminal defense attorneys at The Kronzek Firm today at 866-766-5245.