If you are in the military, know someone in the military, or in an a reserve unit, this post is for you. We are talking about the exception to the rule here in Michigan in order for you to carry concealed personal protection device.
Hello everyone my name is Joseph Radzwion IV Your Trusted Attorney with Radzwion Law, PLLC and today we are looking at an exception to the general rule which is in order to carry a concealed personal protection device, you need a CPL. The other general rule is that a Michigander must me 21 years of age or older in order to apply for a CPL.
I take various phone calls and get questions that are similar to this; “I'm in the military, I'm under 21 years of age and I want to know if I can carry concealed without a CPL?”
MCL 28.432a says that the requirement of obtaining a CPL before carrying concealed does not apply to A member of the United States Army, Air Force, Navy, or Marine Corps while carrying a concealed pistol in the line of duty, or a member of the National Guard, armed forces reserves, or other duly authorized military organization while on duty or drill or while going to or returning from his or her place of assembly or practice or while carrying a concealed pistol for purposes of that military organization.
I think there's some key components of this section of the law. There is an overarching theme here and that is the individual seeking to fall into the exception is that the individual is “in the line of duty.” The law gives an exception for individuals who are serving the country or in the line of duty and there are performing a task that is furthering an objective or fulfilling the purpose of a military organization.
This exception is NOT talking about an individual who is active military, wishes to carry concealed but is on leave or at home and is going to run up to pay for over priced gas and over priced milk on his or her day off. That scenario missed the mark of “in the line of duty” or “carrying a concealed pistol for purposes of that military organization.”
Remember, if an individual does not meet the requirements of this exception while carrying concealed, they can be charged with a CCW Felony, which carries with it a 5 year prison sentence, and $2,500 in fines. To understand more about how a prosecutor charges a CCW Felony CLICK HERE.
To see this weeks video, click below.
REMEMBER: Our posts should never be taken as legal advice. You should ALWAYS consult a Trusted Attorney with your legal questions.
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