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Thread: does any local municipalities have state approval regarding preemption law

  1. #1
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    firearm preemption law that disallows local municipalities from passing laws more restrictive than the state without state approval. Has the state given approval to any MUNICIPALTIES?

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    Michigan Moderator DrTodd's Avatar
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    bossbart,

    ANY exception to the preemption law would need to be listed in the law, much as it states that a local unit of government is not prohibited from forbidding the carrying of firearms in the course of their employment with the governmental unit.

    For example, if Detroit wanted to be able to enforce stricter firearm laws, there would need to be an exception listed either naming the local government that is not preempted or, as is often done, list any areas exempted by description, eg: This does not prohibit any city with a population over 500,000, etc.

    Local units of government still attempt to interpret what ordinances are actually preempted, and they will often do what they want until either someone complains or brings it before a court of law. Remember too that a local PO does enforce state laws too, so if the city interprets state law in a way that is, let's say "novel", then once again, it generally is a court of law or, an attorney for the governmental unit that determines the "correct" interpretation.


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    Just in case you want to see the statute which addresses this, here is the link:

    http://legislature.mi.gov/doc.aspx?mcl-Act-319-of-1990



    I don't read about many people OCing in Detroit. I hope this will change in the future. I'm certain Detroit's neighborhoods would benefit from the practice. I know we out-staters would love to see help Detroit lead the way in the open carry movement.

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    Regular Member Michigander's Avatar
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    Hcidem wrote:
    I hope this will change in the future. I'm certain Detroit's neighborhoods would benefit from the practice. I know we out-staters would love to see help Detroit lead the way in the open carry movement.
    I think that the problem it would have, sooner than later, if a lot of people did it, is that there are some real idiots in Detroit. I sincerely believe that there are hundreds of people living in Detroit that would try for a grab on a non uniformed OCer. Some of the gang bangers there really are THAT stupid. If gangsters don't understand us, and therefor don't respect and fear us, they could be a problem. Additionally, there are a lot of really corrupt, and stupid Detroit police officers who make that dingus in Grayling look like a well rounded officer. Both of these groups can be largely thought of as dangers to OCers, at least in my opinion.

    In the long term (which for me means 6 months if possible), I agree completely, and I'd like to be a part of making it happen. Organized events in Detroit, especially a lot of them, would be a good way to start getting more people in the area aware of OCing, and without too much risk to anyones safety.


    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

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    I agree that Detroiters will have to makea personal decision about where and when they practice OC. Although this is true of people in any location, Detroit presents a unique challenge when compared to the rest of Michigan.

    At the same time, many Detroiters do not have the resources to obtain their CPL. Open carry offers a cost-saving alternative for those with limited resources. I hope that the Metro Detroit MOC events begin to draw the notice of a few Detroit residents.

    Theseevents are beginning to give the impression of creating a perimeter around Detoit's city limits. A few more events would complete the ring.

    http://opencarry.mywowbb.com/forum30/15478.html





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    Regular Member Michigander's Avatar
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    To be honest, most people that I have known in Detroit don't have so much as have their handguns registered.


    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    I know the type, and fully understand the practice. I am better acquainted with those from South Bend, IN who do the same thing. Hurricane Katrina was not the first time people became worried about keeping their guns. City riots have a tendency to be remembered for many, many years.

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