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Thread: local ordinance, authorized by state law?

  1. #1
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    i was cruising the MSP website this moring. in the "search box" i typed in "open carry", and found this....

    Note: The following material does not represent new law. Instead, it is intended to inform officers of infrequently used laws that might prove useful.

    Open carry of a pistol…revisited
    In the April 2007 edition of the Update we noted that openly (non-concealed) carrying a pistol in Michigan is generally legal. Here we will note a couple of things to keep in mind during open carry situations.
    First, a person may not “open carry” a pistol in the passenger compartment of a vehicle. Once a person enters a passenger compartment with a pistol they are carrying it concealed in violation of MCL 750.227. In order to carry in a passenger compartment, a person must either be licensed to carry a concealed pistol or otherwise be exempted from Section 227 (e.g., a police officer).
    Second, in the April edition we noted that a pistol cannot be carried in public where it violates local ordinance. This is true, but only where the ordinance is specifically authorized by state law. MSP Legal Update, May 2007

    Did You Know?, continued…

    In MRCGO v. Ferndale, the Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession. Therefore, officers should check with their prosecutors before enforcing an ordinance that imposes a general ban on openly carrying a pistol.

    my question/questions would be........ 1. HOW do we know IF an ordinance is specifically authorized by state law, or not? 2. are there ANY local ordinances in place that ARE currently authorized by state law?

    according to MRCGO v. Ferndale local units of government may not impose restrictions upon firearms possession.

  2. #2
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    warlockmatized wrote:
    i was cruising the MSP website this moring. in the "search box" i typed in "open carry", and found this....

    Note: The following material does not represent new law. Instead, it is intended to inform officers of infrequently used laws that might prove useful.

    Open carry of a pistol…revisited
    In the April 2007 edition of the Update we noted that openly (non-concealed) carrying a pistol in Michigan is generally legal. Here we will note a couple of things to keep in mind during open carry situations.
    First, a person may not “open carry” a pistol in the passenger compartment of a vehicle. Once a person enters a passenger compartment with a pistol they are carrying it concealed in violation of MCL 750.227. In order to carry in a passenger compartment, a person must either be licensed to carry a concealed pistol or otherwise be exempted from Section 227 (e.g., a police officer).
    Second, in the April edition we noted that a pistol cannot be carried in public where it violates local ordinance. This is true, but only where the ordinance is specifically authorized by state law. MSP Legal Update, May 2007

    Did You Know?, continued…

    In MRCGO v. Ferndale, the Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession. Therefore, officers should check with their prosecutors before enforcing an ordinance that imposes a general ban on openly carrying a pistol.

    my question/questions would be........ 1. HOW do we know IF an ordinance is specifically authorized by state law, or not? 2. are there ANY local ordinances in place that ARE currently authorized by state law?

    according to MRCGO v. Ferndale local units of government may not impose restrictions upon firearms possession.
    This is correct, but, the State of Michigan gives the local units of government-not just to theCityof Ferndale-the powers to impose restrictions on the discharge of firearms, for example.

    ETA: Spelling.

  3. #3
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    so if i understand you correctly springer. the state authorized local ordinance would pertain to the unlawful discharge of a fire arm. gotcha

    EDIT:spelling

  4. #4
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    warlockmatized wrote:
    so if i understand you correctly springer. the state authorized local ordinance would pertain to the unlawful discharge of a fire arm. gotcha

    EDIT:spelling

    Also note: Michigan Firearm Laws




    8.3t “Firearm” defined.




    Sec. 3t. The word “firearm”, except as otherwise specifically defined in the statutes, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 calibre by means of spring, gas or air.


    History:
    Add. 1959, Act 189, Imd. Eff. July 22, 1959.


    This is what the State of Michigan prohibits local units of governmentfrom doing:

    Act 319 of 1990
    AN ACT to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms.


    ETA: Spelling.

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