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Thread: MCL 123.1103 amended, effective August 10, 2015

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    MCL 123.1103 amended, effective August 10, 2015

    FIREARMS AND AMMUNITION (EXCERPT)
    Act 319 of 1990
    ***** 123.1103.amended THIS AMENDED SECTION IS EFFECTIVE AUGUST 10, 2015 *****



    123.1103.amended Local unit of government; permissible prohibitions or regulation.
    Sec. 3.

    This act does not prohibit a local unit of government from doing any of the following:

    (a) Prohibiting or regulating conduct with a pistol, other firearm, or pneumatic gun that is a criminal offense under state law.

    (b) Prohibiting or regulating the transportation, carrying, or possession of pistols, other firearms, or pneumatic guns by employees of that local unit of government in the course of their employment with that local unit of government.

    (c) Regulating the possession of pneumatic guns within the local unit of government by requiring that an individual below the age of 16 who is in possession of a pneumatic gun be under the supervision of a parent, a guardian, or an individual 18 years of age or older, except that an ordinance shall not regulate possession of a pneumatic gun on or within private property if the individual below the age of 16 is authorized by a parent or guardian and the property owner or legal possessor to possess the pneumatic gun.

    (d) Prohibiting an individual from pointing, waving about, or displaying a pneumatic gun in a threatening manner with the intent to induce fear in another individual.


    History: 1990, Act 319, Eff. Mar. 28, 1991 ;-- Am. 2015, Act 29, Eff. Aug. 10, 2015
    http://www.legislature.mi.gov/(S(ivq...3-1103-amended

    Also, sort of related- Wayne County Parks System's Rules and Regulations, shows under section 14(a):

    14) FIREARMS
    a) No person shall at any time, bring into or upon park property or have in their
    possession, nor discharge or set off anywhere upon said property, a bow and arrow, spear,
    revolver, pistol, shotgun, rifle, air rifle, paint ball guns, air gun, or any gun, rifle, firearm
    or other weapon that discharges projectiles either by air, explosive substance or any other
    force. Provided however, that this section shall not apply to any duly authorized law
    enforcement officer while carrying out the duties and responsibilities of his or her
    position not to any person while upon designated target ranges, nor to any properly
    licensed hunters, possessing unloaded firearms during bird hunting season within the
    launching ramp area of the Elizabeth Park Marina, located in City of Trenton, nor any
    person carrying a concealed pistol for which the person has a valid license obtained in
    accordance with law, provided further, however, that any such weapon shall not be
    carried in a place or manner inconsistent with any restrictions upon such license.
    ::yawn::
    Last edited by kubel; 05-24-2015 at 01:45 AM.

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    if i read this right this bill just cut the legs off of pre emination.

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    Regular Member Golden Eagle's Avatar
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    Quote Originally Posted by khicks View Post
    if i read this right this bill just cut the legs off of pre emination.
    Nope, does nothing to preemption(123.1102). This looks like it only adds air guns and only applies only to government employees, children under 16 and individuals brandishing them.

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    i think it stops open carry in parks to

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    Regular Member Golden Eagle's Avatar
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    Quote Originally Posted by khicks View Post
    i think it stops open carry in parks to
    How is OC a criminal offense under state law?
    The news media plays politics more than the politicians do.

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    No person shall at any time, bring into or upon park property or have in their
    possession, nor discharge or set off anywhere upon said property, a bow and arrow, spear,
    revolver, pistol, shotgun, rifle, air rifle, paint ball guns, air gun, or any gun, rifle, firearm
    or other weapon that discharges projectiles either by air, explosive substance or any other
    force. Provided however, that this section shall not apply to any duly authorized law
    enforcement officer while carrying out the duties and responsibilities of his or her
    position not to any person while upon designated target ranges, nor to any properly
    licensed hunters, possessing unloaded firearms during bird hunting season within the
    launching ramp area of the Elizabeth Park Marina, located in City of Trenton,

    this part

    (nor any
    person carrying a concealed pistol for which the person has a valid license obtained in
    accordance with law, provided further, however, that any such weapon shall not be
    carried in a place or manner inconsistent with any restrictions upon such license.)

  7. #7
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    No that would be stricter than state law, that is a county ordinance unenforceable under MCL 123.1102.
    I don't know which law you don't understand.
    The news media plays politics more than the politicians do.

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    Regular Member FreeInAZ's Avatar
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    MCL 123.1103 amended, effective August 10, 2015

    GE - is correct IMHO, however there are many laws on the books in MI that seem to conflict with each other. The thing to remember is: MCL 123.1102 (Aka MI firearms preemption) trumps all other firearms ordinances be they: county, city or village. Now getting your local PD to admit they know this, is an entirely different matter.
    Last edited by FreeInAZ; 05-26-2015 at 12:47 AM.
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    At first glance, it would seem to prohibit long-gun carry as well as open carry without a CPL.

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    Quote Originally Posted by OC4me View Post
    At first glance, it would seem to prohibit long-gun carry as well as open carry without a CPL.
    Hi OC4me,

    How are you getting to this conclusion? I followed the link to the Legislature's MCL site and don't come to the same conclusion as you.

    The main clause states: "...that is a criminal offense under state law."

    Local political subdivisions of Michigan's Legislature may mirror current state law; and, regulate the carrying and using of weapons by their employees.

    Also, if a minor is using or transporting an air gun on public property, he/she must have a guardian over 18 accompany him.

    Everything else under this law is already illegal under MI law.

    Am I wrong?

    Thanks,

    markm
    (L'Anse homeowner and soon-to-be refugee of the People's Republic of Kalifornia)
    Last edited by MarkBofRAdvocate; 05-28-2015 at 05:35 PM.

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    MarkBofRAdvocate, we are not looking at the same post. I don't have the time this morning to reread the entire thread, but I think I was commenting on Wayne County Parks System's Rules and Regulations (which is preempted, of course).

    The exceptions to their (illegal) gun ban appear to only apply to CPL holders concealing pistols, hence long gun and open carry not allowed.

  12. #12
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    Quote Originally Posted by OC4me View Post
    MarkBofRAdvocate, we are not looking at the same post. I don't have the time this morning to reread the entire thread, but I think I was commenting on Wayne County Parks System's Rules and Regulations (which is preempted, of course).

    The exceptions to their (illegal) gun ban appear to only apply to CPL holders concealing pistols, hence long gun and open carry not allowed.
    Hi OC4me,

    Context is everything!! That's why I was confused.

    And, I think your interpretation of Wayne County Parks System's Rules and Regulations is correct.

    thanks,

    markm
    (L'Anse homeowner and soon-to-be refugee of Kalifornia)
    Last edited by MarkBofRAdvocate; 05-30-2015 at 10:42 AM.

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