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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5686 April 18, 1980 COLLEGES AND UNIVERSITIES: Deputy sheriffs employed by state university CRIMINAL LAW: Concealed weapons carried by deputy sheriffs LAW ENFORCEMENT OFFICERS TRAINING COUNCIL: Appointment of deputy sheriffs PEACE OFFICERS: Deputy sheriffs employed by state university SHERIFFS: Appointment of deputy sheriffs Deputy sheriff's employed by state university WEAPONS: Concealed weapons carried by deputy sheriffs A university police officer deputized by the county sheriff as a deputy sheriff is a peace officer and need not be licensed to carry a concealed weapon unless otherwise restricted in his or her appointment by the sheriff. A sheriff may not appoint a deputy sheriff employed on or after January 1, 1977 to enforce the criminal laws of this state who has not complied with the minimum training requirements established by the Michigan Law Enforcement Officers Training Council Act of 1965 unless that council has waived those training requirements. Mr. James J. Gregart Prosecuting Attorney Kalamazoo County County Building Kalamazoo, Michigan 49006 You have requested my opinion as to whether members of the Western Michigan University Police Department may carry a concealed weapon without obtaining a license. 1931 PA 328, Secs. 227 and 231; MCLA 750.227 and 750.231; MSA 28.424 and 28.428, provide in part: 'Sec. 227. . . . a person who shall carry a pistol concealed on or about his peson, or, whether concealed or otherwise, in a vehicle operated or occupied by him, except in his dwelling house or place of business or on other land possessed by him, without a license to carry the pistol as provided by law . . . shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years, or by fine of not more than $2,500.00.' 'Sec. 231. Sections 224 and 227 do not apply to any peace officer of a duly authorized police agency of the United States or of the state or any subdivision thereof who is regularly employed and paid by the United States or the state or such subdivision. . . .' (Emphasis supplied) Thus, 1931 PA 328, Sec. 231, supra, specifically excepts peace officers of a 'duly authorized police agency of the United States or of the state or any subdivision thereof who are regularly employed and paid by the United States or the state or such subdivision' from the prohibition of the concealed weapons act. (1) In People v Bissonette, 327 Mich 349, 356; 42 NW2d 113 (1950), the Court, noting that various state officials are authorized under certain circumstances to exercise the powers of peace officers, stated: 'The authority of such officers appointed for certain purposes is circumscribed by the statutory provisions which also define their duties. . . . 'Peace officers have general authority to operate in a broader field. Their powers have not been specifically defined by the statute law of this state. "Peace Officers. This term is variously defined by statute in the different States; but generally it includes sheriffs and their deputies, constables, marshalls, members of the police force of cities, and other officers whose duty is to enforce and preserve the public peace." [Emphasis supplied] The sheriff of a county is authorized to appoint deputies pursuant to RS 1846, Ch 14, Sec. 70, as last amended by 1978 PA 635; MCLA 51.70; MSA 5.863 which reads: 'Each sheriff may appoint 1 or more deputy sheriffs at the sheriff's pleasure, and may revoke those appointments at any time. Persons may also be deputed by a sheriff, by an instrument in writing, to do particular acts, who shall be known as special deputies and each sheriff may revoke those appointments at any time. . . .' It has been held that RS 1846, Ch 14, Sec. 70, supra, confers authority upon the sheriff of each county to prescribe rules and regulations pertaining to the appointment of deputies, including the authority to prohibit certain deputies from carrying weapons while off duty. Eaton County Deputy Sheriffs Association v Eaton County Sheriff, 37 Mich App 427; 195 NW2d 12 (1971). However, no provision of RS 1846, Ch 14, supra, authorizes waiver of the minimum standards established by the Michigan law enforcement officers training council act of 1965, 1965 PA 203, Sec. 9, as amended; MCLA 28.609; MSA 4.450(9). The minimum training requirements may be waived by the training council, pursuant to 1965 PA 203, Sec. 9(d)(i)-(iv), supra. It is clear that a sheriff may not appoint a deputy sheriffs employed on or after January 1, 1977, to enforce the criminal laws of the State who have not complied with the minimum training requirements established under 1965 PA 203, Sec. 9, supra, unless it can be demonstrated one of the aforementioned waiver provisions is applicable. OAG, 1977-1978, No 5270, p ___ (February 27, 1978); OAG, 1977-1978, No 5133, p ___ (April 1, 1977). Consistent with this rationale, it is my opinion that members of the Western Michigan University Police Department who comply with the requirements of 1965 PA 203, Sec. 9, supra, and who have been appointed deputy sheriffs by the Kalamazoo County Sheriff are 'peace officers' as that term is defined in 1931 PA 328, Sec. 231, supra, and unless otherwise restricted in their appointment by the sheriff, need not be licensed to carry a concealed weapon. Frank J. Kelley Attorney General (1)
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