Results 1 to 19 of 19

Thread: Clawson Civil Emergencies Ordinance

  1. #1
    Regular Member PDinDetroit's Avatar
    Join Date
    Jun 2009
    Location
    SE, Michigan, USA
    Posts
    2,336

    Post imported post

    It appears that the City of Clawson has a similar "Civil Emergencies Ordinance" like Royal Oak, except with a NO Carry Twist in the Sample Declaration. I have highlighted the areas in BOLD TEXT that appear to be an issue. I welcome input for a day or so prior to sending anything to the City Government.

    ARTICLE III. CIVIL EMERGENCIES
    ...
    Sec. 26-74. Orders restricting certain activities. 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:
    ...
    (7) The discontinuance of selling, distributing, dispensing or giving away of any firearms, ammunition, explosives or other dangerous weapons of any character whatsoever;
    (8) The closing of any or all establishments or portions of establishments, the chief activity of which is the sale, distribution, dispensing or giving away of firearms, ammunition, explosives or other dangerous weapons;
    ...
    Sec. 26-77. Sample proclamation. The following is a sample proclamation for use under this article: PROCLAMATION I, ________________, Mayor of the City of Clawson, do hereby proclaim that a state of civil emergency exists within the corporate limits of the City of Clawson because of the rioting, disturbances, and the destruction of both public and private property which have occurred in our adjacent communities, and which lawless activity has suddenly and rapidly increased to the extent that it appears that a riot is imminent within the corporate limits of the City of Clawson, evidenced by the public disorder which occurred at ________ hour _________.m., Eastern Standard Time, on the ________ day of _________, A.D. 20________, at the Municipal Park of the City of Clawson. I designate all of the public parks and public streets in the City of Clawson to be in the area affected.
    Pursuant to the powers granted to me under the Charter of the City of Clawson, section 4.05, as conservator of the peace, and the Code of Ordinances of the City of Clawson, section 26-71 et seq., I hereby proclaim the following orders, rules, and regulations to be effective as of the ________ day of _________, A.D. 20________, and continue in effect until I declare that a state of emergency no longer exists:
    CURFEW
    IT IS HEREBY ORDERED, effective forthwith and until further order, that no person, except duly authorized law enforcement officers, shall be, or shall be allowed to be, in or upon the public streets, thoroughfares or highways of the City of Clawson, or the public parks of said city, between the hours of 7:00 p.m. and 5:00 a.m., Eastern Standard Time, provided that this order shall not apply to persons directly proceeding to and from their homes and places of employment, nor to doctors, nurses, ambulance personnel, and clerics on emergency calls; and
    CONGREGATING IN PUBLIC PLACES
    IT IS HEREBY FURTHER ORDERED that no persons shall congregate within the corporate limits of the City of Clawson at any time for any purpose; and
    POSSESSION OF OBJECTS OF DESTRUCTION
    IT IS HEREBY FURTHER ORDERED that no person shall carry, at any time, any firearm, explosive, incendiary device, rock, stick, bottle, missile, or other object which can be used for the unlawful destruction of property; and
    PENALTY FOR VIOLATION
    IT IS HEREBY FURTHER ORDERED that, pursuant to section 1-7 of the Code of Ordinances of the City of Clawson, any violation of such provisions shall constitute a misdemeanor punishable by a fine not exceeding $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment, in the discretion of the court; and
    IT IS HEREBY FURTHER ORDERED that copies of this order be forthwith posted in three conspicuous public places in the City of Clawson, and transmitted to newspapers of general circulation in the area, and notice thereof be forthwith given to members of the city council of the City of Clawson and to the governor of the State of Michigan
    Analysis: MI 1990 Preemption Law "trumps" this ordinance, it should be repealed.



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

  2. #2
    Regular Member autosurgeon's Avatar
    Join Date
    Sep 2008
    Location
    Lawrence, Michigan, United States
    Posts
    3,845

    Post imported post

    You are correct.
    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."

  3. #3
    Regular Member eastmeyers's Avatar
    Join Date
    Apr 2008
    Location
    Hazel Park, Michigan, USA
    Posts
    1,383

    Post imported post

    Well seeing as how, my Grandparents are from Clawson, my Parents, my Girlfriend, her family, and me. Also where I Graduated, and all of my family and most friends graduated, this kinda PO's me! LOL! Seriously, this needs to be changed. I will be at any council meeting if need be. I have a few buddys at the PD, if it carries any weight, but I dobt it will.
    "Bam, I like saying bam when I cite something, in fact I think I shall do this from here on out, as long as I remember.
    Bam!" - eastmeyers

    "Then said he to them, But now he that hath a purse, let him take it, and likewise his sack: and he that hath no sword, let him sell his garment, and buy one."
    Luke 22:36
    God Bless

  4. #4
    Regular Member PDinDetroit's Avatar
    Join Date
    Jun 2009
    Location
    SE, Michigan, USA
    Posts
    2,336

    Post imported post

    Email sent, see below for text of email.

    Mark Pollock, Interim City Manager
    City of Clawson, MI


    Dear Mark Pollock:

    In looking through the Clawson City Ordinances, I discovered the "Civil Emergencies" Ordinance (ARTICLE III, Sec. 26-74 and Sec. 26-77) covering firearm and ammunition sales/distribution during times of Declared Civil Emergencies. Under the 1990 state preemption law, this ordinance is unenforceable in regards to firearm and ammunition carry/sales/distribution and is misleading to the people of Clawson and other citizens. I am requesting you amend this unlawful ordinance within 90 days. Failure to amend these ordinances would be considered an act of malfeasance, as it willfully misinforms the public of what is and is not allowed in the City of Clawson.

    Thank you for your prompt attention to this matter.

    Sincerely,

    PDinDetroit


    CITY ORDINANCE IN QUESTION (text in question listed in bold):

    ARTICLE III. CIVIL EMERGENCIES
    ...
    Sec. 26-74. Orders restricting certain activities. 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:
    ...
    (7) The discontinuance of selling, distributing, dispensing or giving away of any firearms, ammunition, explosives or other dangerous weapons of any character whatsoever;
    (8) The closing of any or all establishments or portions of establishments, the chief activity of which is the sale, distribution, dispensing or giving away of firearms, ammunition, explosives or other dangerous weapons;
    ...
    Sec. 26-77. Sample proclamation. The following is a sample proclamation for use under this article: PROCLAMATION I, ________________, Mayor of the City of Clawson, do hereby proclaim that a state of civil emergency exists within the corporate limits of the City of Clawson because of the rioting, disturbances, and the destruction of both public and private property which have occurred in our adjacent communities, and which lawless activity has suddenly and rapidly increased to the extent that it appears that a riot is imminent within the corporate limits of the City of Clawson, evidenced by the public disorder which occurred at ________ hour _________.m., Eastern Standard Time, on the ________ day of _________, A.D. 20________, at the Municipal Park of the City of Clawson. I designate all of the public parks and public streets in the City of Clawson to be in the area affected.
    Pursuant to the powers granted to me under the Charter of the City of Clawson, section 4.05, as conservator of the peace, and the Code of Ordinances of the City of Clawson, section 26-71 et seq., I hereby proclaim the following orders, rules, and regulations to be effective as of the ________ day of _________, A.D. 20________, and continue in effect until I declare that a state of emergency no longer exists:
    CURFEW
    IT IS HEREBY ORDERED, effective forthwith and until further order, that no person, except duly authorized law enforcement officers, shall be, or shall be allowed to be, in or upon the public streets, thoroughfares or highways of the City of Clawson, or the public parks of said city, between the hours of 7:00 p.m. and 5:00 a.m., Eastern Standard Time, provided that this order shall not apply to persons directly proceeding to and from their homes and places of employment, nor to doctors, nurses, ambulance personnel, and clerics on emergency calls; and
    CONGREGATING IN PUBLIC PLACES
    IT IS HEREBY FURTHER ORDERED that no persons shall congregate within the corporate limits of the City of Clawson at any time for any purpose; and
    POSSESSION OF OBJECTS OF DESTRUCTION
    IT IS HEREBY FURTHER ORDERED that no person shall carry, at any time, any firearm, explosive, incendiary device, rock, stick, bottle, missile, or other object which can be used for the unlawful destruction of property; and
    PENALTY FOR VIOLATION
    IT IS HEREBY FURTHER ORDERED that, pursuant to section 1-7 of the Code of Ordinances of the City of Clawson, any violation of such provisions shall constitute a misdemeanor punishable by a fine not exceeding $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment, in the discretion of the court; and
    IT IS HEREBY FURTHER ORDERED that copies of this order be forthwith posted in three conspicuous public places in the City of Clawson, and transmitted to newspapers of general circulation in the area, and notice thereof be forthwith given to members of the city council of the City of Clawson and to the governor of the State of Michigan


    REFERENCE INFORMATION:

    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


    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


    THE MICHIGAN APPEALS COURT CONCLUDED:
    April 29, 2003 9:10 am. v No. 242237 MCGRO vs Ferndale.

    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 the Ferndale ordinance is preempted by state law and, consequently, we reverse.
    Rights are like muscles. You must EXERCISE THEM to keep them from becoming atrophied.

  5. #5
    Regular Member
    Join Date
    Aug 2008
    Location
    , ,
    Posts
    625

    Post imported post

    I like this section

    (8) The closing of any or all establishments or portions of establishments, the chief activity of which is the sale, distribution, dispensing or giving away of firearms, ammunition, explosives or other dangerous weapons;

    Are there safe weapons?
    It does not say anything about lending or borrowing guns and ammo!

  6. #6
    Regular Member PDinDetroit's Avatar
    Join Date
    Jun 2009
    Location
    SE, Michigan, USA
    Posts
    2,336

    Post imported post

    Update - Response Received:

    Mr. PDinDetroit,

    Thank you for bringing this to our attention. Our City Attorney will investigate your inquiry and we will inform you about his findings on this ordianance as soon as he completes his review.

    Thanks again,
    Mark W. Pollock
    Acting City Manager/Finance Director
    City of Clawson


    My Response:

    Mark -

    Thank you for the prompt response.

    I was looking into local ordinances after obtaining my Concealed Pistol License to make sure that I had "all the bases" covered. Interestingly enough, Clawson, Royal Oak, and Troy all have very similar Civil Emergencies ordinances. Royal Oak is currently aware of the issue and looking into it as well. I have yet to contact Troy about their ordinance.

    Please let me know if I can be of further assistance.

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

  7. #7
    Regular Member eastmeyers's Avatar
    Join Date
    Apr 2008
    Location
    Hazel Park, Michigan, USA
    Posts
    1,383

    Post imported post

    Any update on this?
    "Bam, I like saying bam when I cite something, in fact I think I shall do this from here on out, as long as I remember.
    Bam!" - eastmeyers

    "Then said he to them, But now he that hath a purse, let him take it, and likewise his sack: and he that hath no sword, let him sell his garment, and buy one."
    Luke 22:36
    God Bless

  8. #8
    Regular Member Recoil88's Avatar
    Join Date
    Apr 2010
    Location
    Roseville, Michigan, USA
    Posts
    112

    Post imported post

    So in case of a riot or natural disaster they just want the police to be armed because they can protect everything and everyone. Yeah right!
    In a situation when seconds count-The police will be there in minutes.

  9. #9
    Regular Member PDinDetroit's Avatar
    Join Date
    Jun 2009
    Location
    SE, Michigan, USA
    Posts
    2,336

    Post imported post

    I have requested an update from Mark Pollock. Stay tuned!
    Rights are like muscles. You must EXERCISE THEM to keep them from becoming atrophied.

  10. #10
    Regular Member Bikenut's Avatar
    Join Date
    Jul 2009
    Location
    Saginaw, Michigan, USA
    Posts
    2,756

    Post imported post

    Thanks PDinDetroit.. I had not thought of looking for illegal ordinances regarding civil emergencies.....
    Gun control isn't about the gun at all.... for those who want gun control it is all about their own fragile egos, their own lack of self esteem, their own inner fears, and most importantly... their own desire to dominate others. And an openly carried gun is a slap in the face to all of those things.

  11. #11
    Regular Member kryptonian's Avatar
    Join Date
    Apr 2010
    Location
    , ,
    Posts
    248

    Post imported post

    thanks for getting on that guys. needs to be repealed. just can't help but think IF there were a qualifying emergency (find out if there has ever even been one) and IF this law was imposed and IF you just happen to be OC in clawson i would think the police would be kind of busy to be stopping you and IF arrested it would be easily dismissed. lot of IFs.

  12. #12
    Regular Member kyleplusitunes's Avatar
    Join Date
    Aug 2009
    Location
    Lennon Michigan, ,
    Posts
    533

    Post imported post

    Bikenut wrote:
    Thanks PDinDetroit.. I had not thought of looking for illegal ordinances regarding civil emergencies.....
    Did you hear about North Carolina a few months back, banned all guns after a snowstorm due to civil emergency being declared?

  13. #13
    Regular Member PDinDetroit's Avatar
    Join Date
    Jun 2009
    Location
    SE, Michigan, USA
    Posts
    2,336

    Post imported post

    Bikenut wrote:
    Thanks PDinDetroit.. I had not thought of looking for illegal ordinances regarding civil emergencies.....
    I just searched local city ordinances on the term "firearm". It revealed the issue.

    I am not sure what happened to the Royal Oak Civil Emergencies Thread, but I have requested an update from them as well.

    Next up, Troy! (All three cities have this same ordinance).
    Rights are like muscles. You must EXERCISE THEM to keep them from becoming atrophied.

  14. #14
    Regular Member PDinDetroit's Avatar
    Join Date
    Jun 2009
    Location
    SE, Michigan, USA
    Posts
    2,336

    Post imported post

    kyleplusitunes wrote:
    Bikenut wrote:
    Thanks PDinDetroit.. I had not thought of looking for illegal ordinances regarding civil emergencies.....
    Did you hear about North Carolina a few months back, banned all guns after a snowstorm due to civil emergency being declared?
    Yes, you mean this one?

    http://www.redstate.com/wayneinnh/20...to-snow-storm/

    http://www.greeleygazette.com/press/?p=1178

    They banned the sale of guns and ammo, and possession off your own property.

    MI has no law like this!
    Rights are like muscles. You must EXERCISE THEM to keep them from becoming atrophied.

  15. #15
    Regular Member eastmeyers's Avatar
    Join Date
    Apr 2008
    Location
    Hazel Park, Michigan, USA
    Posts
    1,383

    Post imported post

    PDinDetroit wrote:
    Bikenut wrote:
    Thanks PDinDetroit.. I had not thought of looking for illegal ordinances regarding civil emergencies.....
    I just searched local city ordinances on the term "firearm". It revealed the issue.

    I am not sure what happened to the Royal Oak Civil Emergencies Thread, but I have requested an update from them as well.

    Next up, Troy! (All three cities have this same ordinance).
    Here is your Roayl Oak one

    http://opencarry.mywowbb.com/view_to...an+PDindetroit

    Here is your Troy one

    http://opencarry.mywowbb.com/view_to...an+PDindetroit

    God Bless you and your Paul
    "Bam, I like saying bam when I cite something, in fact I think I shall do this from here on out, as long as I remember.
    Bam!" - eastmeyers

    "Then said he to them, But now he that hath a purse, let him take it, and likewise his sack: and he that hath no sword, let him sell his garment, and buy one."
    Luke 22:36
    God Bless

  16. #16
    Campaign Veteran smellslikemichigan's Avatar
    Join Date
    Jun 2008
    Location
    Troy, Michigan, USA
    Posts
    2,321

    Post imported post

    you don't even need preemption to make that ordinance unlawful. PA 546 of 2006 states no confiscation of firearms:
    http://www.legislature.mi.gov/docume...06-PA-0546.htm
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

  17. #17
    Regular Member eastmeyers's Avatar
    Join Date
    Apr 2008
    Location
    Hazel Park, Michigan, USA
    Posts
    1,383

    Post imported post

    smellslikemichigan wrote:
    you don't even need preemption to make that ordinance unlawful. PA 546 of 2006 states no confiscation of firearms:
    http://www.legislature.mi.gov/docume...06-PA-0546.htm
    I like this!
    "Bam, I like saying bam when I cite something, in fact I think I shall do this from here on out, as long as I remember.
    Bam!" - eastmeyers

    "Then said he to them, But now he that hath a purse, let him take it, and likewise his sack: and he that hath no sword, let him sell his garment, and buy one."
    Luke 22:36
    God Bless

  18. #18
    Campaign Veteran smellslikemichigan's Avatar
    Join Date
    Jun 2008
    Location
    Troy, Michigan, USA
    Posts
    2,321

    Post imported post

    yes, it's fantastic and ensures we will not have a katrina/new orleans/ gun grab situation
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

  19. #19
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,446

    Post imported post

    conservative85 wrote:
    I like this section

    (8) The closing of any or all establishments or portions of establishments, the chief activity of which is the sale, distribution, dispensing or giving away of firearms, ammunition, explosives or other dangerous weapons;

    Are there safe weapons?
    It does not say anything about lending or borrowing guns and ammo!
    So, you're back!
    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.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •