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Thread: Emergency gun rules may change in Garden City

  1. #1
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    Hello everyone, I am new to OC and this site but have been CCing for a few years now. What a great site and great information! I have decided to OC as soon as I get a voice recorder & Level 3 SERPA for my Sig P226. Looking forward to meeting up at the picnic.

    Found this in the Free Press this weekend...

    Emergency gun rules may change in Garden CityThe city's rules on gun ownership during states of emergency may soon become in sync with state law if the council approves an amendment to update its Emergency Powers ordinance. The current city ordinance gives the mayor authority to order the confiscation of firearms during an emergency.
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    Does anyone know anything more about this? I looked through the Garden City local codes but didn't see anything about the mayor having the authority to order the confiscation of firearms during an emergency. Wouldn't this have been illegal by preemption anyway? I did find the Michigan state law.


    EMERGENCY POWERS OF GOVERNOR (EXCERPT) Act 302 of 1945

    10.31 Proclamation of state of emergency; promulgation of orders, rules, and regulations; seizure of firearms, ammunition, or other weapons.

    Sec. 1.

    (1) During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state, or reasonable apprehension of immediate danger of a public emergency of that kind, when public safety is imperiled, either upon application of the mayor of a city, sheriff of a county, or the commissioner of the Michigan state police or upon his or her own volition, the governor may proclaim a state of emergency and designate the area involved. After making the proclamation or declaration, the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control. Those orders, rules, and regulations may include, but are not limited to, providing for the control of traffic, including public and private transportation, within the area or any section of the area; designation of specific zones within the area in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated; control of places of amusement and assembly and of persons on public streets and thoroughfares; establishment of a curfew; control of the sale, transportation, and use of alcoholic beverages and liquors; and control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety.

    (2) The orders, rules, and regulations promulgated under subsection (1) are effective from the date and in the manner prescribed in the orders, rules, and regulations and shall be made public as provided in the orders, rules, and regulations. The orders, rules, and regulations may be amended, modified, or rescinded, in the manner in which they were promulgated, from time to time by the governor during the pendency of the emergency, but shall cease to be in effect upon declaration by the governor that the emergency no longer exists.

    (3) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms, ammunition, or other weapons.

    History: 1945, Act 302, Imd. Eff. May 25, 1945 ;-- CL 1948, 10.31 ;-- Am. 2006, Act 546, Imd. Eff. Dec. 29, 2006
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    Anyone know of any other local municipalities that have any type of "Emergency" firearm ordinances?



  2. #2
    Regular Member DanM's Avatar
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    InspectorGadget wrote:
    Wouldn't this have been illegal by preemption anyway?
    Yep. Garden City is just wasting time and tax-payer dollars if they are doing anything other than repealing such ordinances which violate the state preemption law (MCL 123.1102).
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

  3. #3
    Regular Member dfox's Avatar
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    Dave
    http://www.survivalfox.com/
    "Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom". - John F. Kennedy, former U.S. President

  4. #4
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    Great!! It is nice to know that we can effect change sometimes...



  5. #5
    Regular Member PDinDetroit's Avatar
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    Royal Oak appears to have a similar items. I guess I will have my first letter to send to them! Will post letter tomorrow...

    "Civil Emergency Ordinance."

    § 251-5 Authority to issue orders.

    The Mayor or his lawful designee, proclaiming a civil emergency in the interest of public safety and welfare, may also make any of the following orders:
    A. Order the closing of all retail liquor establishments.

    B. Order the closing of all beer taverns.

    C. Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or beer or both is permitted.

    D. Order the discontinuance of the sale of beer.

    E. Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or other combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.

    F. Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products.

    G. Order the discontinuance of selling, distributing, dispensing or giving away of any firearms, ammunition, explosives or other dangerous weapons of any character whatsoever.

    H. Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms, ammunition, explosives or other dangerous weapons.

    I. Issue such other orders as are necessary for the protection of life and property or to bring the civil emergency under control.

    Rights are like muscles. You must EXERCISE THEM to keep them from becoming atrophied.

  6. #6
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    Please All Should check where you live ,work ,play and travel through ,then please post and new post . Laws That Need to Be LOOKED at NOW!!!

  7. #7
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    I checked from Jackson to Marshall,Jonnsville,Hillsdale,Homer
    all lookin good so far

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