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Thread: Westland ordinance DOES NOT FALL UNDER PREEMPTION

  1. #1
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    This is a partial quote from list your open carry experience thread.


    {On a side note... i talked to a Westland Police officer at firingline this past Wednesday and according to him Westland has an ordinance pertaining to the carry and possession of a weapon that DOES NOT FALL UNDER PREEMPTION!!!11 It is a good thing this individual is close to retirement.}

    I would like to know how they can come up with something like this. Reading another thread about the Westland fire works, the Westland prosucuter said your a$$ would be locked up. If you showed up at the fireworksOCing.Any one have any experience in westland?



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    Regular Member Tucker6900's Avatar
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    Let them arrest you. It will be a hard lesson for them to learn.
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

  3. #3
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    nascarkent wrote:
    This is a partial quote from list your open carry experience thread.


    {On a side note... i talked to a Westland Police officer at firingline this past Wednesday and according to him Westland has an ordinance pertaining to the carry and possession of a weapon that DOES NOT FALL UNDER PREEMPTION!!!11 It is a good thing this individual is close to retirement.}

    I would like to know how they can come up with something like this. Reading another thread about the Westland fire works, the Westland prosucuter said your a$$ would be locked up. If you showed up at the fireworksOCing.Any one have any experience in westland?

    We have people that OC in Westland, the ordinance is not legal. As long as you have all your ducks in a row, you should be okay. Remember they can arrest you for anything they want, we don't know of any successful prosecutions for lawful open carry. And you can sue them afterwards if you think it's necessary. PM dougwg about Westland police department.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  4. #4
    Regular Member dougwg's Avatar
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    Westland "The All American City"

    With some police that like to intimidate.

    They were not truthful in what they said.

    The ordinance is not enforceable.

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    nascarkent wrote:
    This is a partial quote from list your open carry experience thread.


    {On a side note... i talked to a Westland Police officer at firingline this past Wednesday and according to him Westland has an ordinance pertaining to the carry and possession of a weapon that DOES NOT FALL UNDER PREEMPTION!!!11 It is a good thing this individual is close to retirement.}

    I would like to know how they can come up with something like this. Reading another thread about the Westland fire works, the Westland prosucuter said your a$$ would be locked up. If you showed up at the fireworksOCing.Any one have any experience in westland?

    Got a link?

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    I hope this link works http://opencarry.mywowbb.com/view_to...ight=fireworksI just searched for fireworks and found it.

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    Regular Member Jblack44's Avatar
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    I just added this to another post before I saw this one. Newbie here! Trying to learn all I can. I live in Westland and want to OC. This s the ordinance I believe they are talking about

    DIVISION 2. WEAPONS


    Sec. 62-281. Hunting wild game or fowl.

    No person shall hunt wild game or fowl within the city or in any manner carry a gun, weapon, firearm or bow and arrow within the city for the purpose of hunting any wild game or fowl at any time.

    (Code 1981, § 22-98)

    State law references: Dangerous weapons, MCL 750.224 et seq.

    Sec. 62-282. Discharge or use.

    No person shall fire or shoot any air rifle, slingshot, rifle, pistol, firearm or other similar dangerous weapon, except in the defense of life or property or as may otherwise be permitted by law.

    (Code 1981, § 22-99)

    Sec. 62-283. Possession or exhibition.

    (a)It shall be unlawful for any person to carry any dangerous weapon on or about his person.

    (b)As used in subsection (a) of this section, the term "dangerous weapon" means:

    (1)Any firearm;

    (2)Any knife with a blade which exceeds three inches in length;

    (3)Any club or karate stick;

    (4)Any mace or other aerosol repellant;

    (5)Any gun, pistol or rifle from which can be propelled, by any means, a pellet, BB or other projectile.

    (6)Any slingshot;

    (7)Any bow and arrow; or

    (8)Any starter pistol.

    (c)No person shall transport or have in his possession in any motor vehicle any firearm, facsimile of a firearm or gun from which can be propelled, by any means, a pellet, BB or other projectile, unless:

    (1)It is unloaded in both the barrel and the magazine; and

    (2)It is enclosed in a wrapper or container and contained in the trunk of the automobile; or if the automobile does not have a trunk, the wrapper or container is located where it is not readily accessible to the occupants of the vehicle.

    (d)No person shall draw, exhibit or brandish a facsimile of a firearm in a threatening, rude or hostile manner with the intent to frighten, harass, vex or annoy another person.

    (e)As used in this article, the term "facsimile of a firearm" means any device or object made of plastic, wood, metal or other material, which device or object is a facsimile, replica or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or other firearm, including, but not limited to, toy guns, movie and stage props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms or other devices which might reasonably be perceived to be a real firearm.

    (Code 1981, § 22-100; Ord. No. 109-J-2, § 1, 2-17-98)

    State law references: Weapons in vehicles, MCL 312.10(g), (h), MSA 13.1339(1)(g), (h).

    Sec. 62-284. Confiscation.

    All weapons, firearms, facsimiles of firearms, slingshots, bows and arrows, guns, pistols, rifles, shotguns, pellet guns, BB guns, starter pistols and any other weapon, device or object used, carried or in the possession of any person contrary to the provisions of section 62-282 or 62-283 shall be subject to confiscation by the police department. Such confiscated items are hereby declared to be forfeited to the city unless, within 60 days after final disposition of the original violation, a court of competent jurisdiction orders that the items so confiscated shall be returned to the rightful owner. Upon expiration of this 60-day period, the confiscated items may be destroyed in such manner as determined by the chief of police.

    (Code 1981, § 22-101)

    Secs. 62-285--62-310. Reserved.

    "If you carry a gun, people will call you paranoid. That's ridiculous. If you have a gun, what in the hell do you have to be paranoid for." Clint Smith, Director of Thunder Ranch

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    Jblack44 wrote:
    I just added this to another post before I saw this one. Newbie here! Trying to learn all I can. I live in Westland and want to OC. This s the ordinance I believe they are talking about

    DIVISION 2. WEAPONS


    Sec. 62-281. Hunting wild game or fowl.

    No person shall hunt wild game or fowl within the city or in any manner carry a gun, weapon, firearm or bow and arrow within the city for the purpose of hunting any wild game or fowl at any time.

    (Code 1981, § 22-98)

    State law references: Dangerous weapons, MCL 750.224 et seq.

    Sec. 62-282. Discharge or use.

    No person shall fire or shoot any air rifle, slingshot, rifle, pistol, firearm or other similar dangerous weapon, except in the defense of life or property or as may otherwise be permitted by law.

    (Code 1981, § 22-99)

    Sec. 62-283. Possession or exhibition.

    (a)It shall be unlawful for any person to carry any dangerous weapon on or about his person.

    (b)As used in subsection (a) of this section, the term "dangerous weapon" means:

    (1)Any firearm;

    (2)Any knife with a blade which exceeds three inches in length;

    (3)Any club or karate stick;

    (4)Any mace or other aerosol repellant;

    (5)Any gun, pistol or rifle from which can be propelled, by any means, a pellet, BB or other projectile.

    (6)Any slingshot;

    (7)Any bow and arrow; or

    (8)Any starter pistol.

    (c)No person shall transport or have in his possession in any motor vehicle any firearm, facsimile of a firearm or gun from which can be propelled, by any means, a pellet, BB or other projectile, unless:

    (1)It is unloaded in both the barrel and the magazine; and

    (2)It is enclosed in a wrapper or container and contained in the trunk of the automobile; or if the automobile does not have a trunk, the wrapper or container is located where it is not readily accessible to the occupants of the vehicle.

    (d)No person shall draw, exhibit or brandish a facsimile of a firearm in a threatening, rude or hostile manner with the intent to frighten, harass, vex or annoy another person.

    (e)As used in this article, the term "facsimile of a firearm" means any device or object made of plastic, wood, metal or other material, which device or object is a facsimile, replica or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or other firearm, including, but not limited to, toy guns, movie and stage props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms or other devices which might reasonably be perceived to be a real firearm.

    (Code 1981, § 22-100; Ord. No. 109-J-2, § 1, 2-17-98)

    State law references: Weapons in vehicles, MCL 312.10(g), (h), MSA 13.1339(1)(g), (h).

    Sec. 62-284. Confiscation.

    All weapons, firearms, facsimiles of firearms, slingshots, bows and arrows, guns, pistols, rifles, shotguns, pellet guns, BB guns, starter pistols and any other weapon, device or object used, carried or in the possession of any person contrary to the provisions of section 62-282 or 62-283 shall be subject to confiscation by the police department. Such confiscated items are hereby declared to be forfeited to the city unless, within 60 days after final disposition of the original violation, a court of competent jurisdiction orders that the items so confiscated shall be returned to the rightful owner. Upon expiration of this 60-day period, the confiscated items may be destroyed in such manner as determined by the chief of police.

    (Code 1981, § 22-101)

    Secs. 62-285--62-310. Reserved.
    The firearm possession and carry portion is illegal due to preemption. It's very clear.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Regular Member Tucker6900's Avatar
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    Jblack44 wrote:
    I just added this to another post before I saw this one. Newbie here! Trying to learn all I can. I live in Westland and want to OC. This s the ordinance I believe they are talking about

    DIVISION 2. WEAPONS


    Sec. 62-281. Hunting wild game or fowl.

    No person shall hunt wild game or fowl within the city or in any manner carry a gun, weapon, firearm or bow and arrow within the city for the purpose of hunting any wild game or fowl at any time.

    (Code 1981, § 22-98)

    State law references: Dangerous weapons, MCL 750.224 et seq.

    Sec. 62-282. Discharge or use.

    No person shall fire or shoot any air rifle, slingshot, rifle, pistol, firearm or other similar dangerous weapon, except in the defense of life or property or as may otherwise be permitted by law.

    (Code 1981, § 22-99)

    Sec. 62-283. Possession or exhibition.

    (a)It shall be unlawful for any person to carry any dangerous weapon on or about his person.

    (b)As used in subsection (a) of this section, the term "dangerous weapon" means:

    (1)Any firearm;

    (2)Any knife with a blade which exceeds three inches in length;

    (3)Any club or karate stick;

    (4)Any mace or other aerosol repellant;

    (5)Any gun, pistol or rifle from which can be propelled, by any means, a pellet, BB or other projectile.

    (6)Any slingshot;

    (7)Any bow and arrow; or

    (8)Any starter pistol.

    (c)No person shall transport or have in his possession in any motor vehicle any firearm, facsimile of a firearm or gun from which can be propelled, by any means, a pellet, BB or other projectile, unless:

    (1)It is unloaded in both the barrel and the magazine; and

    (2)It is enclosed in a wrapper or container and contained in the trunk of the automobile; or if the automobile does not have a trunk, the wrapper or container is located where it is not readily accessible to the occupants of the vehicle.

    (d)No person shall draw, exhibit or brandish a facsimile of a firearm in a threatening, rude or hostile manner with the intent to frighten, harass, vex or annoy another person.

    (e)As used in this article, the term "facsimile of a firearm" means any device or object made of plastic, wood, metal or other material, which device or object is a facsimile, replica or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or other firearm, including, but not limited to, toy guns, movie and stage props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms or other devices which might reasonably be perceived to be a real firearm.

    (Code 1981, § 22-100; Ord. No. 109-J-2, § 1, 2-17-98)

    State law references: Weapons in vehicles, MCL 312.10(g), (h), MSA 13.1339(1)(g), (h).

    Sec. 62-284. Confiscation.

    All weapons, firearms, facsimiles of firearms, slingshots, bows and arrows, guns, pistols, rifles, shotguns, pellet guns, BB guns, starter pistols and any other weapon, device or object used, carried or in the possession of any person contrary to the provisions of section 62-282 or 62-283 shall be subject to confiscation by the police department. Such confiscated items are hereby declared to be forfeited to the city unless, within 60 days after final disposition of the original violation, a court of competent jurisdiction orders that the items so confiscated shall be returned to the rightful owner. Upon expiration of this 60-day period, the confiscated items may be destroyed in such manner as determined by the chief of police.

    (Code 1981, § 22-101)

    Secs. 62-285--62-310. Reserved.

    Clearly illegal.
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

  10. #10
    Regular Member Jblack44's Avatar
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    So as I understand it,the ordinance portion pertaining to firearms (specifically a OC pistol) is no longer valid under current state law. As stated above they may arrest you, but legally they have nothing to stand on. good to know!!!
    "If you carry a gun, people will call you paranoid. That's ridiculous. If you have a gun, what in the hell do you have to be paranoid for." Clint Smith, Director of Thunder Ranch

  11. #11
    Regular Member Tucker6900's Avatar
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    Preemption covers all ordinances in relation to OC and CC.
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

  12. #12
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    Tucker6900 wrote:
    Preemption covers all ordinances in relation to OC and CC.
    Unless made by the Regents of state colleges...

    Those ********.

  13. #13
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    Jblack44 wrote:
    So as I understand it,the ordinance portion pertaining to firearms (specifically a OC pistol) is no longer valid under current state law. As stated above they may arrest you, but legally they have nothing to stand on. good to know!!!
    Have you read the "MICHIGAN OPEN CARRY INFO" thread yet?



  14. #14
    Regular Member Jblack44's Avatar
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    Yes I've read it....But it doesn't seem like a lot of local law enforcement haven't been brought up to speed regarding OC.
    "If you carry a gun, people will call you paranoid. That's ridiculous. If you have a gun, what in the hell do you have to be paranoid for." Clint Smith, Director of Thunder Ranch

  15. #15
    Regular Member Tucker6900's Avatar
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    Jblack44 wrote:
    Yes I've read it....But it doesn't seem like a lot of local law enforcement haven't been brought up to speed regarding OC.
    Hit the nail on the head there. As said before, they are either ignorant to it, know partial information, or know about it, and try to enforce it anyway.
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

  16. #16
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    Jblack44 wrote:
    Yes I've read it....But it doesn't seem like a lot of local law enforcement haven't been brought up to speed regarding OC.
    Hence the existence of this website. If you read our goals you would see the first one is to educate the LEOs and the public on the legality of open carry. That's why we have an LEO info packet you can download and send via email or snail mail.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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