Recent mall shootings prompt questions about Michigan's gun laws
After two recent fatal shootings at malls in Southeast Michigan, many are wondering how gun laws apply in these situations.
Michigan is an open carry state. A gun owner must be at least 18 years old, have purchased the weapon legally and have it registered.
"There are places where someone is allowed to carry a firearm openly versus it being concealed on their person," Dr. Stephen N. Oliphant, research investigator at the Institute for Firearm Injury Prevention at the University of Michigan, said.
Oliphant says there are restrictions to open carry on prohibited premises.
"That would include places like school property, daycares, sports arenas or stadiums, bars. So these are some of the ones that are explicitly listed," Oliphant said.
Malls are considered private property.
"Private businesses, including malls, can prohibit firearms on their premises and ask people who are carrying firearms to leave, but there's no statewide prohibition on firearm carrying in shopping malls broadly," Oliphant said. "If they were to ask the person to leave and they refuse to leave. That would typically be kind of a criminal trespassing charge versus something tried under the concealed pistol statute."
Malls have what's called a code of conduct policy.
For example, in the case of Somerset Mall in Troy, it states, "The open display of weapons of any kind, including guns, knives, or other bladed or blunt-force arms, is prohibited."
"If the mall hasn't prohibited someone from carrying a concealed weapon, and there are no signs to indicate that they that that is a rule of their establishment. There's nothing under state law in Michigan to prevent someone from carrying concealed firearm if they have a CPL," Oliphant said.
A concealed pistol license, or CPL, is an official permit issued by the state that a gun owner must apply for.
"They are allowed to conceal to carry that firearm in places that are not listed as prohibited premises in Michigan," Oliphant said.
In the case of the Fairlane Town Center mall shooting in Dearborn, two people were charged with one count each of carrying a concealed weapon.
Neither party had a valid permit.
"If the person doesn't have a concealed carry license, they could still be subject to unlawful carrying of a concealed weapon," Oliphant said.
Simon Property Group owns Great Lakes Crossing Mall. Its code of conduct policy simply states "no weapons."
CBS News Detroit reached out to malls in our region to request interviews regarding code of conduct policy and whether they are considering or taking steps to change or improve mall security but have not heard back.
