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Thread: DNR Magazine Capacity Restrictions at Target Range??

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    Regular Member NMadole's Avatar
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    DNR Magazine Capacity Restrictions at Target Range??

    The DNR has implemented "common use" 15 round magazine restrictions for the State Land located near Hoosier Valley in Traverse City. For those who don't know Hoosier Valley is an area of state land that has been set-up and used as a target shooting range for many many year. Recent complaints from neighboring residents has caused the DNR to put up signage restricting the number of bullets allowing in a magazine (for target shooting) at 15 rounds.

    My question is, based on state preemption laws does the DNR have the legal ability to regulate magazine capacity for target shooting (not hunting) on state land?

    Thanks,
    Nick

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    Regular Member TheQ's Avatar
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    DNR Magazine Capacity Restrictions at Target Range??

    MCL 123.1102 regulated local governments. Is the DNR a local government? No.

    Even if the DNR was a local government, 1102 doesn't preempt discharge.

    Other statutes may apply. CADL v MOC may apply.

    HTH
    Last edited by TheQ; 07-02-2013 at 01:06 PM.
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    Regular Member NMadole's Avatar
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    I think my true question was missed...

    What legislation gives the DNR the abilityy to limit magazine capacity on State Land (not is conjunction with hunting)? and the ability to define "common use"

    Simply saying that the DNR is not a local entity is like saying the Michigan State police can enforce a magazine limit because they are not a local entity.... They both still have to answer to the powers defined to them by the state

    I tried searching, but couldn't find the legislation that grants the DNR the right to do so.. If anyone can sight it that would be greatly appreciated

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    What kind of complaint would be corrected by limiting magazine capacity ? 15 rounds are safer ? 15 rounds are quieter ?

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    Regular Member xmanhockey7's Avatar
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    The DNR range in Allegan doesn't allow more than 1 bullet in the gun when shooting. So basically you can put one bullet in a magazine, load it in the gun then shoot it. You then need to put another magazine in with one bullet or reload one bullet into that magazine.
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    Quote Originally Posted by NMadole View Post
    I think my true question was missed...

    What legislation gives the DNR the abilityy to limit magazine capacity on State Land (not is conjunction with hunting)? and the ability to define "common use"

    Simply saying that the DNR is not a local entity is like saying the Michigan State police can enforce a magazine limit because they are not a local entity.... They both still have to answer to the powers defined to them by the state

    I tried searching, but couldn't find the legislation that grants the DNR the right to do so.. If anyone can sight it that would be greatly appreciated
    You should contact them and ask ... not happy? Request a declaratory ruling if you can. That's the process. Hey, they are enforcing the ruling now & you know your stuff...go get 'em.
    Last edited by davidmcbeth; 07-02-2013 at 03:30 PM.

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    Exclamation

    If they are allowed to get away with this, then just what is to prevent them from expanding it to a state wide level....
    I'm no lawyer but me thinks they have over stepped on this one....

  8. #8
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by NMadole View Post
    The DNR has implemented "common use" 15 round magazine restrictions for the State Land located near Hoosier Valley in Traverse City. For those who don't know Hoosier Valley is an area of state land that has been set-up and used as a target shooting range for many many year. Recent complaints from neighboring residents has caused the DNR to put up signage restricting the number of bullets allowing in a magazine (for target shooting) at 15 rounds.

    My question is, based on state preemption laws does the DNR have the legal ability to regulate magazine capacity for target shooting (not hunting) on state land?

    Thanks,
    Nick
    I doubt they can do this as this is NOT an official DNR range. There is no state law that restricts mag capacity outside of hunting. I would complain and see how they respond, ask for the statutory power they have to do this. I suspect this is a voluntary restriction.
    Last edited by Venator; 07-02-2013 at 07:05 PM.
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    Regular Member FreeInAZ's Avatar
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    Re: DNR Magazine Capacity Restrictions at Target Range??

    They are using the FLAWED concept of reload delay. Meaning @ round 15 the shooter must stop firing to reload and engage the slide/bolt release. Guess they have never heard of tactical reloads? Meaning at round 14 (assuming shooter can count - mag is swapped [quickly] and fire continues....). Just more policy for stupid people by stupid people. Anyone who knowingly moves near a range then complains is an idiot. It's like the a$$hats that move next to the milan dragway and biotch about the noise & smoke.... RETARDS!
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    Regular Member NMadole's Avatar
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    Thank you to everyone for your responses, I am going to contact them tomorrow. I will let everyone know how it goes?

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    Michigan outdoor news article

    Michigan outdoor news in the July 19 edition has an article on this. Someone with a little more tec savy may be able to post the article. The long story short the MDNR has issued a "Land use order" for the area to designate ranges and close other areas. "Violations of the order may result in civil infractions punishable by court-imposed fines and costs."

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