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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. 6223 May 4, 1984 CONCEALED WEAPONS: Licensure of supervisors and guards of Detroit House of Correction in order to carry concealed weapon The superintendent, deputy superintendent, and guards of the Detroit House of Correction may not carry a concealed weapon without first having obtained a license as required by 1931 PA 328, Sec. 227. Honorable Jackie Vaughn State Senator State Capitol Lansing, MI Honorable Nelson W. Saunders Honorable Virgil C. Smith, Jr. Honorable Alma G. Stallworth Honorable Juanita Watkins State Representatives State Capitol Lansing, MI You have asked whether the superintendent, deputy superintendent, and guards of the Detroit House of Correction may carry a concealed weapon without first having obtained a license as required by 1931 PA 328; MCLA 750.1 et seq; MSA 28.191 et seq, Sec. 227. The Michigan Penal Code, 1931 PA 328, Sec. 227, supra, makes it unlawful to carry a concealed weapon without having first obtained a license: '[A] person who shall carry a pistol concealed on or about his person, 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 or if licensed, carrying in a place or manner inconsistent with any restrictions upon such license, 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.' 1931 PA 328, supra, Sec. 231, provides, in pertinent part: 'Sections 224, 227, 227c, and 227d do not apply to any peace officer of a duly authorized police agency of the United States, of this state, or of any political subdivision of this state, who is regularly employed and paid by the United States, this state, or a political subdivision of this state; or to any person regularly employed by the state department of corrections, and authorized in writing by the director of the department of corrections to carry a concealed weapon while in the official performance of his or her duties or while going to or returning from those duties . . .' (Emphasis added.) 1927 PA 372; MCLA 28.421 et seq; MSA 28.91 et seq, Sec. 6, as added by 1964 PA 216, sets forth procedures for the obtention of a license to carry a concealed weapon. 1927 PA 372, supra, Sec. 12a, exempts certain persons from the requirement of obtaining a license: '(a) A peace officer of a duly authorized police agency of the United States or of this state or a political subdivision of this state, who is regularly employed and paid by the United States or this state or a subdivision of this state, except that section 6 does apply to a township constable. (b) A constable who is trained and certified pursuant to Act No. 203 of the Public Acts of 1965, as amended, being sections 28.601 to 28.616 of the Michigan Compiled Laws, who is engaged in his or her official duties or going to or coming from his or her official duties, and who is regularly employed and paid by a political subdivision of this state. (c) A person regularly employed by the department of corrections and authorized in writing by the director of the department of corrections to carry a concealed weapon concealed during the performance of his or her duties or while going to or returning from his or her duties.' 1861 PA 164, Sec. 7a, as added by 1958 PA 146; MCLA 802.7a; MSA 28.1817(1), provides: 'The superintendent, deputy superintendent and guards of the Detroit house of correction are hereby declared to be peace officers but shall be entitled to all the rights and privileges of peace officers only while in the performance to their duties.' While the superintendent, deputy superintendent, and guards of the Detroit House of Correction are declared to be peace officers in 1861 PA 164, Sec. 7a, supra, they do not qualify as officers of a duly authorized police agency. Although the Legislature specifically exempted for limited periods of working days properly authorized employees of the Department of Corrections, it did not provide a similar exemption to those working in the Detroit House of Correction. The express mention in a statute of one group or class implies the exclusion of similar unnamed groups or classes. Edmond v Dep't of Corrections, 116 Mich App 1; 321 NW2d 817 (1982). Finally, it should be noted that while 1931 PA 328, supra, Sec. 231b, and 1927 PA 372, supra, Sec. 12, specifically provide that 1927 PA 372, supra, Secs. 2 and 9, requiring licenses for purchase and transport of pistols and for safety inspection of firearms, is applicable to, among others, 'a duly authorized police of correctional agency of the United States or of the state or any subdivision thereof . . . [or] to a member of such agencies,' these Acts do not contain a general exemption for correctional agencies or their employees from the requirements concerning the carrying of concealed weapons. (Emphasis added.) It is my opinion, therefore, that the superintendent, deputy superintendent, and guards of the Detroit House of Correction may not carry a concealed weapon without first having obtained a license as provided by 1931 PA 328, Sec. 227, supra. Frank J. Kelley Attorney General
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