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Westland ordinance DOES NOT FALL UNDER PREEMPTION

nascarkent

New member
Joined
Jul 7, 2008
Messages
9
Location
Westland, Michigan, USA
imported post

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?
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

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.
 

ghostrider

Regular Member
Joined
Jul 24, 2007
Messages
1,416
Location
Grand Rapids, Michigan, USA
imported post

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?
 

Jblack44

Regular Member
Joined
Sep 22, 2008
Messages
291
Location
Westland, Michigan, USA
imported post

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.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

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.
 

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
imported post

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.
 

Jblack44

Regular Member
Joined
Sep 22, 2008
Messages
291
Location
Westland, Michigan, USA
imported post

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!!!
 

ghostrider

Regular Member
Joined
Jul 24, 2007
Messages
1,416
Location
Grand Rapids, Michigan, USA
imported post

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?
 

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
imported post

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.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

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.
 
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