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OC IN CLINTON TWP.

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vtwjmsw

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Ok, I called Clinton Twp Police Dept. a few months ago and ask what would happen if I was to OC and some one called in about me, would I be charged with disturbing the peace and he said no "but I would find a reason to arrest you and he also said this is not the wild west"I made the mistake ofnot getting his name!! Today I called again and got another officer and ask his name and he popped it offbut did not understand it and ask him to spell it out and he said my badge number is 146 and said thats all I have to give you and ask me who I was and I gave him. I ask the question of "If I were walking down the road and had my gun on my side and some one called on me what would you do????" He said "That is ahypathetical question I dont know what I would do" How messed up is this???? I called the station back up and ask the dispatcher how to spell officer 146 name and its Allis
 
dougwg

dougwg

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And then what?

If he said "no problem!" then what?

If he said "I'll arrest you!" then what?



You're trying to get the opinion of one LEO that answers the phone. My question is why do you need an answer from him at all?

I'm not bashing you, I'm trying to get you to think.
 
V

vtwjmsw

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Because I have been told from MSP and Sheriff Hackel that different cities have different rules!!
 
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MrsRuger45

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This is the info that you need to know regarding cities having their own laws:



No local ordinance concerning firearm possession is enforceable due to Michigan’s preemption law.

In 1990, the Michigan legislature enacted MCL 123.1102 which provides, in pertinent part: A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner 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, except as otherwise provided by federal law or a law of this state.

THE MICHIGAN COURT of APPEALS CONCLUDED: April 29, 2003 9:10 am. v No. 242237 In sum, we conclude that § 1102 is a statute that specifically imposes a prohibition on local units of government from enacting and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any ordinance or regulation of a local unit of government concerning these areas.

Further, we conclude that the specific language of the 2000 amendments to MCL 28.421 et seq., particularly §§ 5c and 5o, which were adopted more than a decade after the enactment of § 1102, do not repeal § 1102 or otherwise reopen this area to local regulation of the carrying of firearms.17 Accordingly, we hold that theFerndale ordinance is preempted by state law and, consequently, we reverse.
MCRGO v. Ferndale: The Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession.



and to put it plainly, while cities/towns "think" they have laws saying that open carry is illegal, the preemption over-rides this making open carry in fact LEGAL in the state of Michigan. :celebrate



 
Generaldet

Generaldet

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LEO's will most always tell you what they have to in order to deter you from OC'ing. Just remember you don't need permission from anyone to exercise your rights lawfully. Although I can understand being hesitant or feeling worried about your first LEO encounter especially if you are newer to OC like I am but as long as you have read, understand, and are comfortable with all the information provided, then you will be ok.
 
V

vtwjmsw

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can you email me this?? My printer just took a sh#t and call the Clinton Twp. Police Dept. And play dumb and ask them about open carry see what they say to you!!
 
W

warlockmatized

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Silverwood, Michigan
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vtwjmsw wrote:
can you email me this?? My printer just took a sh#t and call the Clinton Twp. Police Dept. And play dumb and ask them about open carry see what they say to you!!
Click to expand...
You need to calm down. STOP calling the police department and asking questions. You can find EVERYTHING you need right here on OCDO, wihtout having to be lied to by the police. The Michigan State Police website shows you beyond a shadow of a doubt that OC is legal. STOP, LEARN, LISTEN, READ and RE-READ...you WILL be all the better for it.
 
R

ruger45

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Jun 23, 2008
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Burton, Michigan, USA
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MrsRuger45 wrote:
This is the info that you need to know regarding cities having their own laws:



No local ordinance concerning firearm possession is enforceable due to Michigan’s preemption law.

In 1990, the Michigan legislature enacted MCL 123.1102 which provides, in pertinent part: A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner 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, except as otherwise provided by federal law or a law of this state.

THE MICHIGAN COURT of APPEALS CONCLUDED: April 29, 2003 9:10 am. v No. 242237 In sum, we conclude that § 1102 is a statute that specifically imposes a prohibition on local units of government from enacting and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any ordinance or regulation of a local unit of government concerning these areas.

Further, we conclude that the specific language of the 2000 amendments to MCL 28.421 et seq., particularly §§ 5c and 5o, which were adopted more than a decade after the enactment of § 1102, do not repeal § 1102 or otherwise reopen this area to local regulation of the carrying of firearms.17 Accordingly, we hold that theFerndale ordinance is preempted by state law and, consequently, we reverse.
MCRGO v. Ferndale: The Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession.



and to put it plainly, while cities/towns "think" they have laws saying that open carry is illegal, the preemption over-rides this making open carry in fact LEGAL in the state of Michigan. :celebrate
Click to expand...
o'k my wife has been doing her home work and helping people out you go girl.i guess if i have a ? i will ask her first.
 
G

ghostrider

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Grand Rapids, Michigan, USA
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vtwjmsw wrote:
can you email me this?? My printer just took a sh#t and call the Clinton Twp. Police Dept. And play dumb and ask them about open carry see what they say to you!!
Click to expand...
I recommend you follow warlockmatized's advice.

Read the info thread. More than once.

Also, learn about your rights during a police encounter, and how to assert them without being confrontational. Some officers will take it as confrontational anyway, which is why you need to now how to assert them in a non-confrontational way.

If you choose to OC, make sure you have a good understanding of how to read people. Some police will be receptive, some won't. You need to know how to properly handle both.

If you get stopped by that officer who promised to arrest you, just remember the questions.
  1. "Under suspicion of what crime are you detaining me?"
  2. "What is your reasonable suspicion?" (If the officer claims RS is the gun, calmly ask him to clarify if that is the extent of his RS)
  3. "Am I free to go?"
**Wash, rinse, repeat as necessary (that means until your arrested, or released).
​
Understand that you could well be arrested, but if you stick to this, chances are that anything after the stated RS should be thrown out, as holstered gun is not RS to a stop.

Also, understand the difference between a "stop", and an "involuntary interview". This is one of the reasons why it is important to ask the officer for RS and the Crime he suspects you of.

You can argue your rights and the law all day with the officer, but if he doesn't care what you have to say, your only giving him more opportunity to find something on you.

PS.

You also might consider doing the certified mail like I suggested earlier.
 
V

vtwjmsw

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Thank You!!! I just dont know what to say if stopped for OC. But thank You!!
 
P

Phoenixphire

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Jun 10, 2008
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Battle Creek, Michigan, USA
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vtwjmsw wrote:
Thank You!!! I just dont know what to say if stopped for OC. But thank You!!
Click to expand...

Well, if you get into a situation with law enforcement, and you are not comfortable with what to say, you can always do the smart thing:

DON'T SAY ANYTHING!

Don't "explain" yourself, don't volunteer your purpose, don't say a damn thing.

There only thing that should be coming out of your mouth; the only things you should even THINK about saying are:

"Officer, my full legal name is (your name here)."
"Officer, I will not answer questions without my attorney present."

Don't modify these statements, don't elaborate on them, don't quantify them. Act like a freakin' parrot, that knows two sentences...

Here is why:

http://video.google.com/videoplay?docid=-4097602514885833865


The worse case scenario: You take a ride to the police station. The police charge you with some bogus-ass charge. You go to court, get charge thrown out. You file civil rights lawsuit.

The only thing you can do when talking to the police is hurt yourself. Watch the danged video. It will be the best 30 minutes you have ever spent on learning about the law, and how it effects your life in the real world.

EDIT: If you didn't get the hint the first time, WATCH THE VIDEO! Here, I will help you: http://video.google.com/videoplay?docid=-4097602514885833865
 
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