michigan daycare no carry zone

[TedBeau]

OK, so a couple of months ago I stopped over at a friend’s house. I haven’t stopped into see him in about a year. I was not carrying because I was on my way home from work.
His wife runs a daycare out of their home. To be honest I didn't even think about that until she brought some of the kids up from the basement where she has the daycare.
So I got to thinking, if I had been carrying I would have been in violation of the Michigan Victim Disarmament Zone law (gun free zones). Then I was thinking, well if I waited until later in the day to stop, when the daycare kids were no longer there, would it be OK?
I did a little searching, couldn't find anything about specific hours for daycare's etc.
I tried sending an email to the state attorney general asking about it, but got back a canned response that they do not take request for opinions from citizens at large.

I know my state representative a little, he lives the next street over in my subdivision, and got his carry permit the same day I got mine, so I know he is gun friendly, even for a democrat.

I sent him an email asking him to get an opinion from the state attorney general on if it's legal to carry at a home in the evening that has a daycare during the day.

He called me a few weeks ago to apologize for taken so long to get back, but my email accidentally got placed in the wrong folder, with emails from an energy bill he is working on. He said he would have a staffer take care of it. I got a call yesterday from his staff. She said she has not sent the request to the AG yet, but did check with State Police legal department, to see what their opinion was.

The State Police said that No it is not legal to carry at a home that operates a day care even after the day care is closed for the day. This is interesting, since my friend is a deer hunting buddy, and I assume he keeps his deer rifle on the premises. I would assume the gun free zone applies to rifles, not just handguns.

The staffer from the state rep said that if I wanted, she would proceed with getting an official opinion from the AG. I said, yes; please do, since the State Police do not have the final word on interpreting statues.

[DefensiveCarry.com]

[Electraclyde]

I would like to hear what the AG says about this. Is the day care an integeral part of their home, or in a separate area? Are you talking about Jim Barcia's office? I also live in Bay City and have seen Jim in Duncan's several times.

[Sheldon J]

Yeah the gun free school law specifically exempts homes and vehicles in our state, and since this is a home and not a dedicated day care faculty there could be exemptions....

[Supertac45]

I believe a private home baby sitting service is exempt. The commericial ones aren't.

[TedBeau]

I would like to hear what the AG says about this. Is the day care an integeral part of their home, or in a separate area? Are you talking about Jim Barcia's office? I also live in Bay City and have seen Jim in Duncan's several times.

Nope actually it's Jeff Mayes. State Rep.
Hey maybe I'll see you at Duncan's sometime. My Fiancee just got me $150's worth of range time. I doubt I'll have time to use it before the wedding this coming Saturday.

[Dark Wolf]

I believe a private home baby sitting service is exempt. The commericial ones aren't.

If she is using the HOME as a day care then I do believe the home is off limits as it would be a private day care....

Michigan Pistol Free Areas:

"2. Public or private day care center, public or private child caring agency, or public or private child placing agency."MSP - Pistol Free Areas

I believe this is where an opinion from the state AG would come in...."If my wife wants to run a day care from our home dose this make our home a "Gun Free Zone" and keep us from owning or keeping firearms in the home and off limits for CCW in our Home?"

[Landor]

I believe she would have to be a licensed daycare provider. Otherwise it is just babysitting.