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Thread: found this on the albion mi ordinences

  1. #1
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    Sec. 58-163. Discharge of weapons; public possession of weapons.
    (a) No person shall discharge any firearm, air rifle or air pistol or slingshot within the city nor shall any person have any firearm, air rifle, air pistol or slingshot in his possession in any street or park, unless securely wrapped or encased. This subsection shall not prohibit the use of such weapons:
    (1) By law enforcement officers, members of the national guard or the armed forces of the United States while engaged in the performance of their duties; or
    (2) In the exercise of the rights of defense of self, other persons or property.
    (b) No person shall go about armed, carry or have upon his person any pistol, revolver, stiletto or other offensive or dangerous weapon; provided, however, this subsection shall not apply to persons duly licensed and allowed by law to carry such weapons.
    (Code 1984, § 15-46)

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    Regular Member Michigander's Avatar
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    It exempts license holders. The only time it could be illegal, in terms of state preemption, is if someone was carrying a black powder revolver without a CPL, or a long gun. Not really a huge concern, but I suppose it still might make sense to contact them.
    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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    sounded like a bunch of double talking to me.Just wanted clarifacation if the were saying we couldn't open carry. setting up a booth at there festival of the forks!

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    Anti-Saldana Freedom Fighter Venator's Avatar
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    Michigander wrote:
    It exempts license holders. The only time it could be illegal, in terms of state preemption, is if someone was carrying a black powder revolver without a CPL, or a long gun. Not really a huge concern, but I suppose it still might make sense to contact them.
    No it says a license and allowed by law. OC is allowed by law without a license so they are covered as well.
    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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    Venator: I don't read it that way.It says licensed AND allowed by law. Not licensed OR allowed by law. They are combining them hand in hand. At least thats how I read it.

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    Regular Member Michigander's Avatar
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    kreteman wrote:
    Venator: I don't read it that way.It says licensed AND allowed by law. Not licensed OR allowed by law. They are combining them hand in hand. At least thats how I read it.
    That's what I was thinking as well.
    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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    A lot of folks in Michigan are reviewing their local ordinances and finding them at odds with State preemption, myself included: http://www.migunowners.org/forum/sho...lamazoo+county

    I say start the process and

    Carry on

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    Regular Member autosurgeon's Avatar
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    And while you are at it if you notice other legal issues note them as well! Such as 1A problems!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    I decided to send the mayor a letter here is what it said.




    I am the south west regional coordinator for Michigan open carry. I was checking out the city ordinances and came across this one.
    Sec. 58-163. Discharge of weapons; public possession of weapons.
    (a) No person shall discharge any firearm, air rifle or air pistol or slingshot within the city nor shall any person have any firearm, air rifle, air pistol or slingshot in his possession in any street or park, unless securely wrapped or encased. This subsection shall not prohibit the use of such weapons:
    (1) By law enforcement officers, members of the national guard or the armed forces of the United States while engaged in the performance of their duties; or
    (2) In the exercise of the rights of defense of self, other persons or property.
    (b) No person shall go about armed, carry or have upon his person any pistol, revolver, stiletto or other offensive or dangerous weapon; provided, however, this subsection shall not apply to persons duly licensed and allowed by law to carry such weapons.
    (Code 1984, § 15-46)

    I was wondering if you knew it was illegal for any city to have ordinances
    prohibiting carrying of firearms.

    Under the 1990 state preemption law
    I have also attached a copy of the Law Enforcement Action Forum Newsletter issued by the Michigan Municipal League on lawful open carry.

    Thank you,


    Michigan Legislature FIREARMS AND AMMUNITION (EXCERPT)
    Act 319 of 1990
    123.1102 Regulation of pistols or other firearms.
    Sec. 2.
    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.

    History: 1990, Act 319, Eff. Mar. 28, 1991
    http://www.legislature.mi.gov/(S(3uzohtmics2b4u45avhaptfn))/mileg.aspx?page=GetObject&objectname=mcl-123-1102

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    I got this today I am very happy with lt. Strowbridge what do ya think??



    Mr. Cannon,
    I was forwarded your email concerning our local ordinance on the prohibition of carrying or possession of a firearm. Just to give you some background, I am the designated researcher on the department as it relates to firearms issues and the law. I teach CPL classes and am a Patron NRA member.

    Although the mayor only gave me a portion of your email because he had printer problems, I assume you are questioning the validity of our local ordinance. Based on my knowledge of the law, it would appear you are correct that the ordinance would be unconstitutional and should be changed to reflect that. My next step is to contact our City Attorney and request that the ordinance be changed. I will have to present him with significant documentation, which I believe I have, to get him to change it. If he will not change it, and I suspect he may not based on my knowledge of his viewpoints, then I will seek an attorney’s opinion. Our county prosecutor is also left leaning and anti-gun so that is not an option either. If I strike out, then the only option would be for someone like yourself to challenge it in court. Given my position here, I cannot do that.

    Either way, I will attempt to correct this situation and let you know the result.

    Dan Strowbridge
    Lt. Support Services
    Albion Public Safety
    517 629 7825



    I called him and had a talk with him.Offered to help him in anyway I could with information he said if we could please email it to him here is his email address


    Dan Strowbridge" <dstrowbridge@ci.albion.mi.us>

  11. #11
    Regular Member Generaldet's Avatar
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    cabman1 wrote:
    My next step is to contact our City Attorney and request that the ordinance be changed. I will have to present him with significant documentation, which I believe I have, to get him to change it. If he will not change it, and I suspect he may not based on my knowledge of his viewpoints, then I will seek an attorney’s opinion. Our county prosecutor is also left leaning and anti-gun so that is not an option either.
    Good job on the response cabman1, sounds like you have an ally there. Send him on the appropriate information.

    The city attorney's viewpoints are not relevant. He should be more worried about doing his job according to the law and less about what his opinions are.

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    Regular Member autosurgeon's Avatar
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    Generaldet wrote:
    cabman1 wrote:
    My next step is to contact our City Attorney and request that the ordinance be changed. I will have to present him with significant documentation, which I believe I have, to get him to change it. If he will not change it, and I suspect he may not based on my knowledge of his viewpoints, then I will seek an attorney’s opinion. Our county prosecutor is also left leaning and anti-gun so that is not an option either.
    Good job on the response cabman1, sounds like you have an ally there. Send him on the appropriate information.

    The city attorney's viewpoints are not relevant. He should be more worried about doing his job according to the law and less about what his opinions are.
    I agree but this is the same problem we are having in South Haven!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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