Attorney General Opinions interpreting Michigan's Firearms Laws

Opinion #7073:

A county concealed weapons licensing board is a public body subject to the Open Meetings Act. A county prosecutor may not designate a member of a county sheriffs staff to serve in place of the prosecutor on a county concealed weapons licensing board.

 

Opinion #7097:

A private investigator licensed to carry a concealed pistol is not, by reason of section 234d of the Michigan Penal Code, exempt from the gun-free zone restrictions imposed by section 5o of the Concealed Pistol Licensing Act.

 

Opinion #7098:

A police officer, including a reserve police officer, is exempt from the licensing requirements of the Concealed Pistol Licensing Act if the officer possesses the full authority of a peace officer and is regularly employed and paid by a police agency of the United States, this state, or a political subdivision of the state.

A police officer who is exempt from the licensing requirements of the Concealed Pistol Licensing Act, but who voluntarily obtains a concealed pistol license under that act, is not subject to the act's gun-free zone restrictions unless the officer is off-duty and is relying solely on the authority of that license.

 

Opinion #7102:

A county sheriff has the authority to set the amount of the fingerprinting fee authorized by section 5b(9) of the Concealed Pistol Licensing Act.

 

Opinion #7113:

A uniformed reserve police officer acting as an unpaid volunteer for a local police agency may carry an exposed, holstered pistol within the gun-free zones established by the Concealed Pistol Licensing Act; and if the officer is either a fully authorized "peace officer" or, alternatively, possesses a valid concealed pistol license issued under the Concealed Pistol Licensing Act, he or she may also carry an exposed, holstered pistol within the gun-free zones established by the Michigan Penal Code.

 

Opinion #7120:

A municipal outdoor recreation park does not, by itself, constitute an "entertainment facility" within the meaning of section 5o(1)(f) of the Concealed Pistol Licensing Act, and thus is not a gun-free zone as established by that statute.

 

Opinion #7121:

The Concealed Pistol Licensing Act, as amended, does not authorize a county concealed weapon licensing board, based merely upon its finding that issuing a concealed pistol license to an applicant is not detrimental to the safety of the applicant or to any other person, to issue a license to carry a concealed pistol to a person who has been convicted of: (1) a felony; (2) a misdemeanor described in section 5b(7)(h)(i)-(xxxvii) of the Concealed Pistol Licensing Act within the past eight years; or (3) any other misdemeanor within the past three years.

The Concealed Pistol Licensing Act, as amended, does not authorize a county concealed weapon licensing board to issue a concealed pistol license to an applicant convicted of a felony merely because the applicant has obtained relief from the disability to possess a firearm under both state and federal law and the board determines under section 5b(7)(o) of the Concealed Pistol Licensing Act that issuing a license to the applicant to carry a concealed pistol in this state is not detrimental to the safety of the applicant or to any other individual.

A county concealed weapon licensing board lacks the authority to revoke a restoration of firearm rights made under section 4 of the Concealed Pistol Licensing Act.