Q: I am a volunteer firefighter and EMT. I am also a CPL holder and usually carry my pistol everywhere I go. In fact, most of my fellow volunteers do also. Sometimes, we are called to schools for fire or medical emergencies and often we are still working on a patient when we arrive at the hospital. We all know that schools and hospitals are on the list of pistol free zones. Is there any exception in the Michigan concealed carry law for medical personnel in our position?
A: No, MCL 28.425o, subsection (1), lists all of the “Pistol Free Zones” (more properly called “Criminal Safety Zones” or “Mass Murderer Empowerment Zones”) As you correctly noted, the list includes schools and hospitals. The only exceptions listed are as follows:
(4) Subsection (1) does not apply to any of the following: (a) An individual licensed under this act who is a retired police officer or retired law enforcement officer. The concealed weapon licensing board may require a letter from the law enforcement agency stating that the retired police officer or law enforcement officer retired in good standing. (b) An individual who is licensed under this act and who is employed or contracted by an entity described under subsection (1) to provide security services and is required by his or her employer or the terms of a contract to carry a concealed firearm on the premises of the employing or contracting entity. (c) An individual who is licensed as a private investigator or private detective under the private detective license act, 1965 PA 285, MCL 338.821 to 338.851. (d) Any of the following who is licensed under this act while on duty and in the course of his or her employment: (i) A corrections officer of a county sheriff’s department. (ii) A motor carrier officer or capitol security officer of the department of state police. (iii) A member of a sheriff’s posse. (iv) An auxiliary officer or reserve officer of a police or sheriff’s department. (v) A parole or probation officer of the department of corrections.
Note that there is no exception for firefighters or EMT’s, even if they are involved in lifesaving activities, whether they are on or off duty. However the statute does also include a “safety valve” which is to leave your gun secured in your vehicle if you must go into a building where your CPL is not valid, such as a hospital.
(3) As used in subsection (1), “premises” does not include parking areas of the places identified under subsection (1).
So, the best recommendation to obey current law would be to leave your gun locked up in the vehicle when you must enter a Criminal Safety Zone, even if you are responding to an emergency call.
There is currently pending legislation, House Bill 4759 sponsored by Representatives Acciavetti, Hoogendyk, Horn, Stahl, Opsommer, Meltzer and Meekhof, and supported by MCRGO, that would eliminate the list of prohibited places completely. If this bill were to become law, none of us with CPLs, would have to disarm ourselves in a public place that is known to all, including criminals and psychopaths, to be a place where law-abiding citizens are less likely to be able to defend themselves effectively.
This information is provided by Steve Dulan. Steve is an attorney in private practice in East Lansing and serves as an adjunct professor teaching firearms law at The Thomas M. Cooley Law School in Lansing, as well as an instructor of the legal portion of CPL classes around the state. He is a current member of the Board of Directors of MCRGO and a member of the Board of Trustees of the MCRGO Foundation and the MCRGO Foundation Firearms Civil Defense Fund. www.StevenWDulan.com www.MCRGOFoundation.org.
Did you know: In 2002, the odds of encountering another adult* in
Michigan with a lawful concealed pistol permit (CPL) was 1 in 133. In 2005, the odds diminished to 1 in 56. By the close of 2007 the estimated odds should be approximately 1 in 46.
– Based on Michigan census data and Michigan State Police CPL reports. *adult = 21 yrs or older.
