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Newbie here. Hi guys... And gals.

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GateKeeper

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Just talked to a co-worker that is a reserve officer in the city of Holland. I asked him if he's come across anyone OC'ing and he told me no and that there's a city ordinance in Holland against open carry unless it's on private property.

Anyone shed some info on this...?
 
Michigander

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Hi Gatekeeper.:)

Glad to see you aren't relying on the words of a cop. Especially a reserve officer.:shock:

Michigan has state wide pre emption of city laws regarding firearms possession. A case called Ferndale VS MCRGO established that. The only valid city gun laws are those that regulate simple possession are those that are already covered by state law. Anything else is void.:celebrate
 
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After talking to him later he told meit hadcame up just last week in their shift briefing.

Evidently someone had sent the police chief a Email asking with the citys take was on it. The chief got the city attorney involved and he came back with the ordinance.

I'm aware of Ferndale vs MCRGO. I'd been a member of MCRGO for several years and had been involved in some of their training classes. I've had a carry permit pretty much since the shall issue law went into effect.

My question is, why isn't MCRGO aggressively persuing these citys....? Or, maybe I know that answer...
 
Michigander

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MCRGO seems to be dead set against OCing. They do not support us. Even if they did, they would have no need to go after these city bans unless someone was prosecuted over them. And as of yet, I don't recall that happening in Michigan.

Also, Act 319 of 1990 prohibits cities from banning firearms possession beyond state regulations. Basically, all cities can actually do is prohibit discharge.
 
Venator

Venator

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GateKeeper wrote:
After talking to him later he told meit hadcame up just last week in their shift briefing.

Evidently someone had sent the police chief a Email asking with the citys take was on it. The chief got the city attorney involved and he came back with the ordinance.

I'm aware of Ferndale vs MCRGO. I'd been a member of MCRGO for several years and had been involved in some of their training classes. I've had a carry permit pretty much since the shall issue law went into effect.

My question is, why isn't MCRGO aggressively persuing these citys....? Or, maybe I know that answer...
Click to expand...

You can open carry even though a local ordinance states you can't. Michigan has a pre-emption law on firearms. Which was upheld in the Ferndale case. A municipality can pass any ordinance it wants to, it doesn't mean it will have the force of law, if it's found to be an unlawful law.

So you are allowed to open carry in Holland as long as you can legally own a firearm and follow the other laws in regards to transporting the firearm.
 
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