Sunday, June 23, 2013

Michigan CPL Class FAQ: What Is The Definition Of A Police Officer?

Ask The Michigan Firearms Instructor
Q: Michigan CPL law states: An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle. My question is this: What is the definition of a police officer?

A: MCL 28.421 defines a peace officer as the following: an individual who is employed as a law enforcement officer, as that term is defined under section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28.602, by this state or another state, a political subdivision of this state or another state, or the United States, and who is required to carry a firearm in the course of his or her duties as a law enforcement officer.

MCL 28.602 defines police officer as the following: (l) "Police officer" or "law enforcement officer" means, unless the context requires otherwise, any of the following:

(i) A regularly employed member of a law enforcement agency authorized and established pursuant to law, including common law, who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state. Police officer or law enforcement officer does not include a person serving solely because he or she occupies any other office or position.

(ii) A law enforcement officer of a Michigan Indian tribal police force, subject to the limitations set forth in section 9(3).

(iii) The sergeant at arms or any assistant sergeant at arms of either house of the legislature who is commissioned as a police officer by that respective house of the legislature as provided by the legislative sergeant at arms police powers act, 2001 PA 185, MCL 4.381 to 4.382.

(iv) A law enforcement officer of a multi-county metropolitan district, subject to the limitations of section 9(7).

(v) A county prosecuting attorney's investigator sworn and fully empowered by the sheriff of that county.

Disclaimer
You are strongly encouraged to not only conduct your own independent research but to also consult with a competent and qualified attorney before acting upon any information in this article. Laws covering self-defense, lethal force, firearms, and the Michigan Concealed Pistol License and their enforcement are always subject to change due to laws being amended, politics conducted in the Prosecutor's Office, and election results at all levels of government. Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The penalties and fines imposed upon violators of firearms related offenses are stiff and severe.

About The Author
Rick Ector is a National Rifle Association credentialed Firearms Trainer, who provides Michigan CCW Class training in Detroit for students at his firearms school - Rick's Firearm Academy of Detroit.

Ector is a recognized expert in firearm safety and has been featured extensively in the national and local media: Associated Press, UPI, NRAnews, Guns Digest, Tactical-Life, The Truth About Guns, The Politics Daily, Fox News Detroit, The Detroit News, The Detroit Examiner, WJLB, WGPR, and the UrbanShooterPodcast.

For more info about free shooting lessons for women and Michigan CCW Classes, please contact:

Rick's Firearm Academy of Detroit
Web: http://www.detroitccw.com.
Email: info@detroitccw.com
Phone: 313.733.74

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