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Thread: Open Carry forbidden in Marquette?

  1. #1
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    At the CPL class that I took last week in Marquette County, taught by a local deputy sheriff, he told us that open carry is allowed in Michigan, but that we weren't allowed to OC in the City of Marquette, because the city had passed an ordinance forbidding it.

    I thought that Michigan had a firearms law preemption clause that says that cities can't pass gun laws more restrictive than the state law? I should have asked in class, but I wasn't sure enough of myself on this point to argue with him.

    Any thoughts or informed opinions on this?

    Joel F.
    Marquette, Michigan


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    Michigan does have preemption and with that Marquette needs to be informed of there violation of Michigan 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.




  3. #3
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    nobucks wrote:
    At the CPL class that I took last week in Marquette County, taught by a local deputy sheriff, he told us that open carry is allowed in Michigan, but that we weren't allowed to OC in the City of Marquette, because the city had passed an ordinance forbidding it.*

    I thought that Michigan had a firearms law preemption clause that says that cities can't pass gun laws more restrictive than the state law?** I should have asked in class, but I wasn't sure enough of myself on this point to argue with him.

    Any thoughts or informed opinions on this?

    Joel F.
    Marquette, Michigan
    As was stated, per MCL 123.1102 the ordinance is unenforceable. Venator has successfully contacted local cities to remove ordinances in the past. I suggest you send him a PM.

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    Thanks guys, that's what I needed to know!



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    nobucks wrote:
    Thanks guys, that's what I needed to know!
    Please post your OC photos in Marquette here!

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    i sent of a letter to the city manager, informing him the the ordnance was illegal and would not stand up in court. i will let you all know if i hear from him if the rest of you want to send letters allso go for it

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    khicks wrote:
    i sent of a letter to the city manager, informing him the the ordnance was illegal and would not stand up in court. i will let you all know if i hear from him if the rest of you want to send letters allso go for it
    Good luck with that.

    Tagged for update.

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    khicks wrote:
    i sent of a letter to the city manager, informing him the the ordnance was illegal and would not stand up in court. i will let you all know if i hear from him if the rest of you want to send letters allso go for it
    Thanks for keeping us informed.

    I wonder how many more municipalities have there own "Gun laws".

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    BreakingTheMold wrote:
    khicks wrote:
    i sent of a letter to the city manager, informing him the the ordnance was illegal and would not stand up in court. i will let you all know if i hear from him if the rest of you want to send letters allso go for it
    Thanks for keeping us informed.

    I wonder how many more municipalities have there own "Gun laws".
    Many, but Venator has already sent the info to all 83 counties in Mi. What they do with that is anybody's guess, and mine is that it probably gets round filed in some, and in some it gets reviewed and passed down.

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    Joel,

    Wish I had seen this the other day, was down there and woulda been happy to OC with ya. There's a few yooper OC'rs wandering our streets, and welcome to the site. If you ever get up to the Houghton or north area let me know, be happy to grab lunch. The Houghton boy's are the only ones around here who have ever approached me on OC.

    Welcome!

    northofnowhere

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    ghostrider wrote:
    BreakingTheMold wrote:
    khicks wrote:
    i sent of a letter to the city manager, informing him the the ordnance was illegal and would not stand up in court. i will let you all know if i hear from him if the rest of you want to send letters allso go for it
    Thanks for keeping us informed.

    I wonder how many more municipalities have there own "Gun laws".
    Many, but Venator has already sent the info to all 83 counties in Mi. What they do with that is anybody's guess, and mine is that it probably gets round filed in some, and in some it gets reviewed and passed down.
    This is actually in progress.

  12. #12
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    SQLtables wrote:
    ghostrider wrote:
    BreakingTheMold wrote:
    khicks wrote:
    i sent of a letter to the city manager, informing him the the ordnance was illegal and would not stand up in court. i will let you all know if i hear from him if the rest of you want to send letters allso go for it
    Thanks for keeping us informed.

    I wonder how many more municipalities have there own "Gun laws".
    Many, but Venator has already sent the info to all 83 counties in Mi. What they do with that is anybody's guess, and mine is that it probably gets round filed in some, and in some it gets reviewed and passed down.
    This is actually in progress.
    Yeah, sorry about that, but your right.


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    i have not heard from the city manager yet, my next move is to send a letter to the mayor and any one else i can find that works for the city

  14. #14
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    i just talked to the Chief of Police of the city of Marquette, Michael Angeli, and i asked him about this so called ordinance, Mr Angeli said some one was giving out bad information, there is no ordinance like that in Marquette

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    This is interesting:

    http://www.mqtcty.org/city_website/P...tery_rules.htm


    Conduct
    Visitors to the cemetery are reminded that the grounds are sacredly devoted to the interment of the dead, and that strict observance of the decorum which should characterize the place will be required.
    No person shall:

    1. Enter the cemetery except through an established entrance.
    2. Deposit rubbish or debris on a walk or drive or any part of the cemetery grounds.
    3. Pick or mutilate any flowers, either wild or domestic, or disturb any tree, shrub, or other plant material, or remove same from the grounds.
    4. Kill, wound or trap any bird, fish or animal, or feed or otherwise disturb them or remove the eggs of any bird from the cemetery grounds.
    5. Permit any domestic animals to enter or remain in the cemetery.
    6. Consume refreshments or liquors on the cemetery grounds, or carry same on the premises.
    7. Carry or discharge firearms upon the premises, except when authorized to do so at a military burial service.
    8. Deface, mutilate or otherwise injure or commit damage to any monument or enclosure or burial lot owned by others.
    9. Peddle or solicit for flowers, plants or monuments within the cemetery grounds.
    10. Erect signs, notices or advertisements of any kind within the cemetery grounds, unless authorized by Sexton.

  16. #16
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    CoonDog wrote:
    This is interesting:

    http://www.mqtcty.org/city_website/P...tery_rules.htm


    Conduct
    Visitors to the cemetery are reminded that the grounds are sacredly devoted to the interment of the dead, and that strict observance of the decorum which should characterize the place will be required.
    No person shall:

    1. Enter the cemetery except through an established entrance.
    2. Deposit rubbish or debris on a walk or drive or any part of the cemetery grounds.
    3. Pick or mutilate any flowers, either wild or domestic, or disturb any tree, shrub, or other plant material, or remove same from the grounds.
    4. Kill, wound or trap any bird, fish or animal, or feed or otherwise disturb them or remove the eggs of any bird from the cemetery grounds.
    5. Permit any domestic animals to enter or remain in the cemetery.
    6. Consume refreshments or liquors on the cemetery grounds, or carry same on the premises.
    7. Carry or discharge firearms upon the premises, except when authorized to do so at a military burial service.
    8. Deface, mutilate or otherwise injure or commit damage to any monument or enclosure or burial lot owned by others.
    9. Peddle or solicit for flowers, plants or monuments within the cemetery grounds.
    10. Erect signs, notices or advertisements of any kind within the cemetery grounds, unless authorized by Sexton.
    If private property they can do that. If public they can't.
    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.

  17. #17
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    Venator wrote:
    If private property they can do that. If public they can't.
    I believe this only refers only to Marquette's "Park Cemetary", city owned.

    If private property, how would the city have the authority to set rules, fees, etc.? My gut reaction is that I don't think the city could enforce such an ordinance on private property. But, then again, they do it for bars.


  18. #18
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    i wish i had known about the park rules when i talked to the police chief. i took the police chief at his word that there was no ordnances prohibiting the carry of hand guns in the city Marquette

  19. #19
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    khicks wrote:
    i wish i had known about the park rules when i talked to the police chief. i took the police chief at his word that there was no ordnances prohibiting the carry of hand guns in the city Marquette
    If this was in regard to my post, it wasn't in reference to the city parks. The cemetary owned by the City of Marquette is named "Park Cemetary".

    This info was not difficult to locate; merely google the following:

    site:mqtcty.org firearms



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