January 2013
Michigan Concealed Weapons Laws
Ever since the tragic events at Sandy Hook elementary in Connecticut, gun laws have, understandably, been a popular topic of debate. So today let’s get a little education on Michigan’s gun laws. Specifically, Michigan’s concealed weapons laws (also known as concealed carry laws). To do so, we’ll answer these questions:
How do you get a concealed carry permit in Michigan? Are there places you cannot carry a concealed weapon? Can you carry a concealed weapon drunk? Can my wife transport my concealed weapon?
How do you get a concealed carry permit in Michigan?
As you would expect, there are quite a few rules regarding obtaining a permit to carry a concealed weapon in Michigan.
You have to be 21 years old, a U.S. citizen, a Michigan resident for at least 6 months, and you have to complete a pistol safety training course.
You can’t get a concealed carry permit if you’ve ever been subject to an order of involuntary commitment in an inpatient or outpatient setting due to a mental illness, or if you have a diagnosed mental illness at the time the application is made, regardless of whether you’re receiving treatment.
You must undergo a criminal background check. If any of the following are true, you are not eligible:
1. You have been convicted of a felony.
2. In the previous 8 years, you were convicted of certain misdemeanor offenses, including assault, OWI-2nd, reckless driving, and any firearms-related crimes.
3. In the previous 3 years, you were convicted of certain misdemeanors, including OWI, 2nd degree retail fraud, disorderly person, or receiving stolen property.
This is a snap shot of the rules. For a full list, including all of the crimes that can render you ineligible, click here.
Where can I NOT carry a concealed weapon in Michigan?
- Schools or school property but may carry while in a vehicle on school property while dropping off or picking up if a parent or legal guardian
- Public or private day care center, public or private child caring agency, or public or private child placing agency.
- Sports arena or stadium
- A tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises
- Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials allow concealed weapons
- An entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more
- A hospital
- A dormitory or classroom of a community college, college, or university
- A Casino
Can you carry a concealed weapon drunk?
No. Michigan law prohibits carrying a concealed weapon while under the influence of alcohol. If you are caught carrying a concealed weapon with any amount of alcohol in your body, the weapon will be confiscated and you’ll face the following penalties, depending on your blood alcohol content:
- BAC of .02 – .07 = State civil infraction, $100 fine, and up to 1-year CPL license revocation.
- BAC of .08 – .09 = 93-day misdemeanor, $100 fine, and up to 3-year CPL license revocation.
- BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CPL license revocation.
Can I transport a concealed weapon in my car?
Yes you can transport a concealed weapon in your vehicle for a “lawful purpose.” “Lawful purpose” encompasses the following:
- While en route to or from a hunting or target shooting area.
- While transporting a pistol to or from home or place of business and a place of repair.
- While moving goods from one place of residence or business to another place of residence or business.
- While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol.
- While en route to or from home or place of business to a gun show or place of purchase or sale.
- While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted.
- While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance.
In order to transport your concealed weapon in your car, the weapon must be unloaded, in a closed case, in the trunk. If you’re driving a truck or other vehicle without a trunk, the pistol can be in the passenger compartment of the vehicle, so long as it is unloaded an inaccessible to the vehicle’s occupants.
Can my wife drive my car if the weapon is concealed in the trunk?
Yes — but only if you are in the vehicle.
If not, then your wife would be guilty of a felony for carrying a concealed weapon.
As you can see, concealed weapons law is serious business. Don’t carry your concealed weapon if you’re going to be drinking. Don’t let someone else drive your car with your concealed weapon in your trunk (unless you’re riding along), and be sure to check the local rules before carrying in an unfamiliar public place.
If you have questions about this article, or there are other legal issues you need help with, contact Grand Rapids Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com.
The information on this blog is for informational purposes only. The posts are not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied.
As an estate planning attorney, I help families plan and prepare for the future. The simple fact is that if you have a family, you need an estate plan. Even just a simple will can make all the difference down the road.
I do all of my estate planning work on a flat-fee basis. So when we sit down to talk about your estate plan, you’ll know exactly how much it will cost. No extras, no surprises, no hidden costs.
If you’re ready to rest easy, knowing that your family will be taken care of should something happen, contact Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com or by filing out the “Contact Me” form on this page.
Do you need an estate plan? That depends…
1. Do You Want To Protect Your Kids?
An estate plan allows you to appoint a guardian for your kids in the event that you and your spouse pass away.
2. Do You Want To Protect Yourself?
Who will make medical decisions for you in the event that you can’t make them for yourself? What 
about decisions regarding your finances? Having a health care directive and power attorney in place allows for your wishes to be considered should you become incapacitated.
3.Do You Want To Protect Your Assets?
Dying without a will is costly and creates unnecessary hardship for your family. Dying without a will means that a court distributes your assets – and you have no say in the matter. Plus, without a will your family will have to spend time and money working with an attorney and the court trying to sort everything out.
You need an estate plan to protect your children, yourself, and your money.
If you’re ready to take the first step towards securing your future, or have any questions, please contact Grand Rapids Estate Planning Attorney Todd Neckers at (616) 422-5082 or email contact@neckerslaw.com or fill out the “Contact Me” form on the right this page.
As an estate planning attorney, I help families plan and prepare for the future. The simple fact is that if you have a family, you need an estate plan. Even just a simple will can make all the difference down the road.
I do all of my estate planning work on a flat-fee basis. So when we sit down to talk about your estate plan, you’ll know exactly how much it will cost. No extras, no surprises, no hidden costs.
If you’re ready to rest easy, knowing that your family will be taken care of should something happen, contact Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com or by filing out the “Contact Me” form on this page.
Do you need an estate plan? That depends…
1. Do You Want To Protect Your Kids?
An estate plan allows you to appoint a guardian for your kids in the event that you and your spouse pass away.
2. Do You Want To Protect Yourself?
Who will make medical decisions for you in the event that you can’t make them for yourself? What about decisions regarding your finances? Having a health care directive and power attorney in place allows for your wishes to be considered should you become incapacitated.
3.Do You Want To Protect Your Assets?
Dying without a will is costly and creates unnecessary hardship for your family. Dying without a will means that a court distributes your assets – and you have no say in the matter. Plus, without a will your family will have to spend time and money working with an attorney and the court trying to sort everything out.
You need an estate plan to protect your children, yourself, and your money.
If you’re ready to take the first step towards securing your future, or have any questions, please contact Grand Rapids Estate Planning Attorney Todd Neckers at (616) 422-5082 or email contact@neckerslaw.com or fill out the “Contact Me” form on the right this page.
Can Companies Charge You for Using a Credit Card?
What about settling a minimum transaction fee? Is that legal?
A lot of gas stations and convenience stores have signs like the one below — no credit cards under a certain dollar amount. If you’re like me, you’ve experienced the joy of reaching the cash register with your diet coke or pack of gum only to leave the store empty handed because you had no cash on hand and the store wouldn’t accept your credit card without the requisite $10 purchase.
Additionally, depending on where you live and how old you are, you may know of a number of stores (most often gas stations) that offer a “cash discount” — if you pay your bill with cash. The discount is typically 2-3% off the purchase price. Also, you may know of stores where there is a credit card surcharge — normally 2-3% of your total bill.
So are these practices legal? Can companies charge you to use a credit card? Can companies offer cash discounts? What about the minimum charge amounts, are those legal?
In fact, the rules have changed very recently, and all of these practices are now legal, with some limitations.
Can companies charge you for using a credit card?
Yes, companies can now impose a fixed surcharge for every credit card transaction. So you may start seeing a $2.00 fee added to your bill every time you use your credit card.
However, there are laws in certain states (California, Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma and Texas) that still limit allowable credit card surcharges.
Can companies charge you for using a debit card?
No. Unlike credit cards, companies cannot impose a surcharge for using a debit card.
Can companies offer cash discounts?
Yes. In the past, the rule was that you had to advertise the credit card price, and then offer a discount to those using cash — as opposed to posting the cash price and charging a fee to those wanting to pay with a credit card. Now, however, discounts can be offerred for any payment method, so long as they are made clear to the consumer.
Can companies set a minimum charge amount for credit cards?
Yes, companies can now set a minimum charge amount of not more than $10 for credit card transactions.
This formerly was not the case — for a long time the service agreements between the major credit card companies and retailers did not allow for minimum charge amounts, and the many retailers who imposed them were in violation of their
Can companies set a minimum charge amount for debit cards?
No. Unlike credit card purchases, companies cannot impose minimums on debit card purchases.
If you have questions about this article, or there are other legal issues you need help with, contact Grand Rapids Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com.
The information on this blog is for informational purposes only. The posts are not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied.
How Does Maternity Leave Work?
Blog readers — note that there is now an option to receive new posts automatically via email.
So how does maternity leave work?
What are the legal requirements of maternity leave? Is every company required to offer it? What does it protect? Will I get paid?
For any family expecting a new baby, part of the planning will involve considering if the mother and/or father will take time away from work after the baby is born. This is typically referred to as maternity leave or paternity leave. The number thrown about most frequently is taking 3 months off. Why is that? 
Maternity Leave and the Family Medical Leave Act
In 1993, Congress passed the Family Medical Leave Act (FMLA). This statute entitles most employees up to 12 weeks of job-protected leave after the birth or adoption of a child. There are some limitations, however:
1. It only applies to companies with 50 or more employees.
2. You must have worked for that company for at least 12 months.
3. You must have worked at least 1250 hours (about 24 hours per week) in the last year.
4. The leave is unpaid.
Despite these limitations, the FMLA is a powerful statute — so long as you meet the above requirements, your company cannot fire/demote you for taking a full 12 weeks off after the birth of your child.
Paternity Leave
FMLA leave is gender-neutral. While it is certainly more common for the mother to take an extended period of time off, the father can do so as well.
Adoption
The FMLA treats natural births and adoptions exactly the same.
Small Companies
If your company is not covered under the FMLA, then the availability of maternity/paternity leave is completely up to your employer. While many small businesses offer some amount of paid or unpaid time off after the birth or adoption of a child, some do not. If you work for a small company and pregnant, or thinking about having a child, now would be a good time to find out what your employer will provide.
It is also worth pointing out that the FMLA is not only for the birth of a child. If you meet the requirements listed above, you can take up to 12 weeks off to care for a family member with a serious medical condition, or if your health requires you to be away from work.
If you have questions about this article, or there are other legal issues you need help with, contact Grand Rapids Attorney Todd Neckers at (616) 422-5082 or contact@neckerslaw.com.
The information on this blog is for informational purposes only. The posts are not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied.
