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Troy Firearms Ordinances

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
imported post

The City of Troy has some ordinances that may need to be addressed. Please review and provide input on these. I have listed the items in question in BOLD Text. I will wait a couple days before sending to the City Goverment.

98.13.01 Transport or Possess Firearms. No person shall transport or possess a firearm in a vehicle unless the firearm is unloaded in both barrel and magazine and carried in the luggage compartment of the vehicle.
A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.
Exception. This section does not apply to persons authorized by federal or state law to transport or possess firearms.
I believe that this is covered by State Law as to transport for Long Guns and Pistols. I think that it should be repealed.

98.13.02 Firearms in Public. No person shall carry a firearm in any public place unless it is unloaded in both barrel and magazine and in a case. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both. Exception. This section does not apply to persons authorized by federal or state law to carry firearms.
This ordinance is meaningless as 2A and the Michigan Constitution allow Open Carry. I think it should be repealed.


CHAPTER 8 - DISASTER CONTROL
9. When a state of disaster has been declared by resolution of the City Council, the Mayor or his lawful designee may make any of the following orders in the interest of public safety and welfare:
...
(3) The discontinuance of selling, distributing, dispensing or giving away of any firearms, ammunition, explosives, or other dangerous weapons of any character whatsoever.
(4) The closing of the following public establishments:
(d) Any establishment selling firearms, ammunition, explosives or other dangerous weapons of any character whatsoever.
I believe that the MI 1990 Preemption Law "trumps" this ordinance, it should be repealed.
 
G

Guest

Guest
imported post

PDinDetroit wrote:
The City of Troy has some ordinances that may need to be addressed. Please review and provide input on these. I have listed the items in question in BOLD Text. I will wait a couple days before sending to the City Goverment.

98.13.01 Transport or Possess Firearms. No person shall transport or possess a firearm in a vehicle unless the firearm is unloaded in both barrel and magazine and carried in the luggage compartment of the vehicle.
A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.
Exception. This section does not apply to persons authorized by federal or state law to transport or possess firearms.
I believe that this is covered by State Law as to transport for Long Guns and Pistols. I think that it should be repealed.

98.13.02 Firearms in Public. No person shall carry a firearm in any public place unless it is unloaded in both barrel and magazine and in a case. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both. Exception. This section does not apply to persons authorized by federal or state law to carry firearms.
This ordinance is meaningless as 2A and the Michigan Constitution allow Open Carry. I think it should be repealed.


CHAPTER 8 - DISASTER CONTROL
9. When a state of disaster has been declared by resolution of the City Council, the Mayor or his lawful designee may make any of the following orders in the interest of public safety and welfare:
...
(3) The discontinuance of selling, distributing, dispensing or giving away of any firearms, ammunition, explosives, or other dangerous weapons of any character whatsoever.
(4) The closing of the following public establishments:
(d) Any establishment selling firearms, ammunition, explosives or other dangerous weapons of any character whatsoever.
I believe that the MI 1990 Preemption Law "trumps" this ordinance, it should be repealed.
I see no problems here. None of these are in conflict with state law and explicitly allow for the state law exceptions.

The Disaster Control ordinance appears questionable though.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
imported post

CV67PAT wrote:
PDinDetroit wrote:
The City of Troy has some ordinances that may need to be addressed. Please review and provide input on these. I have listed the items in question in BOLD Text. I will wait a couple days before sending to the City Goverment.

98.13.01 Transport or Possess Firearms. No person shall transport or possess a firearm in a vehicle unless the firearm is unloaded in both barrel and magazine and carried in the luggage compartment of the vehicle.
A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.
Exception. This section does not apply to persons authorized by federal or state law to transport or possess firearms.
I believe that this is covered by State Law as to transport for Long Guns and Pistols. I think that it should be repealed.

98.13.02 Firearms in Public. No person shall carry a firearm in any public place unless it is unloaded in both barrel and magazine and in a case. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both. Exception. This section does not apply to persons authorized by federal or state law to carry firearms.
This ordinance is meaningless as 2A and the Michigan Constitution allow Open Carry. I think it should be repealed.


CHAPTER 8 - DISASTER CONTROL
9. When a state of disaster has been declared by resolution of the City Council, the Mayor or his lawful designee may make any of the following orders in the interest of public safety and welfare:
...
(3) The discontinuance of selling, distributing, dispensing or giving away of any firearms, ammunition, explosives, or other dangerous weapons of any character whatsoever.
(4) The closing of the following public establishments:
(d) Any establishment selling firearms, ammunition, explosives or other dangerous weapons of any character whatsoever.
I believe that the MI 1990 Preemption Law "trumps" this ordinance, it should be repealed.
I see no problems here. None of these are in conflict with state law and explicitly allow for the state law exceptions.

The Disaster Control ordinance appears questionable though.

I agree with C...pat. The ordinance is saying all lawful purposes are allowed as provided by state or federal law. Local ordinances often mirror state law so the local attorney can prosecute and the local government gets fines, etc....keeps it all in house.

The emergency ordinance is definitely in violation of the preemption law and should be addressed. A letter to them is a good start.
 

johnnyd74

Regular Member
Joined
Sep 11, 2009
Messages
113
Location
roseville,mi, Michigan, USA
imported post

or just do what we did in warren!!

go to council meeting and speak.

then ask a council member to put it on the agenda,and make them vote on it!

if they give you problems,talk with mayor,chief,all council members...should work out fine!
 

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
super duper necro-post

as a recent resident of Troy i have drafted this letter please give feedback as necessary:

[FONT=arial, helvetica, sans-serif]Hello,[/FONT][FONT=arial, helvetica, sans-serif]I'm a recent resident of Troy and I was reviewing Troy's ordinances online. I'm contacting you in regards to sections of Troy code that directly conflicts existing state law. Namely, Sections 8 - Disaster Control and 98 - Criminal Code.[/FONT]
As you may or may not know, the state of Michigan passed Act 319 of 1990 which states the following: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.

http://www.legislature.mi.gov/(S(plsitqaeeeqzkjnvinshbf55))/mileg.aspx?page=GetObject&objectname=mcl-123-1102


The specific areas that conflict with 123.1102 are:
8.9.3 The discontinuance of selling, distributing, dispensing or giving away of any firearms, ammunition, explosives, or other dangerous weapons of any character whatsoever.
8.9.4 Any establishment selling firearms, ammunition, explosives or other dangerous weapons of any character whatsoever.
98.13.01 Transport or Possess Firearms
98.13.02 Firearms in Public
I am requesting these ordinances be updated or removed within 90 days to comply with MCL 123.1102. Failure to amend these ordinances could be considered an act of malfeasance as it willfully misinforms the public of what is and is not allowed in the city of Troy. I welcome your feedback, questions or concerns.

Respectfully,






 
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smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
parts of it are plagiarized (borrowed) from other letters i've seen on here and other letters i've drafted to st clair and marysville.:dude:
if i get the finger, their next council meeting is on the 9th... i plan to attend.
 

Yance

Regular Member
Joined
Sep 15, 2011
Messages
568
Location
Battle Creek, MI
Wow, I'm surprised nothing was done since 2009. But good letter sir! Hopefully something comes of it, keep us informed!
 

RabbiVJ

Campaign Veteran
Joined
Nov 22, 2009
Messages
212
Location
ATL via DTW
as a recent resident of Troy i have drafted this letter please give feedback as necessary:

Hello,I'm a recent resident of Troy and I was reviewing Troy's ordinances online. I'm contacting you in regards to sections of Troy code that directly conflicts existing state law. Namely, Sections 8 - Disaster Control and 98 - Criminal Code.
As you may or may not know, the state of Michigan passed Act 319 of 1990 which states the following: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.

http://www.legislature.mi.gov/(S(plsitqaeeeqzkjnvinshbf55))/mileg.aspx?page=GetObject&objectname=mcl-123-1102


The specific areas that conflict with 123.1102 are:
8.9.3 The discontinuance of selling, distributing, dispensing or giving away of any firearms, ammunition, explosives, or other dangerous weapons of any character whatsoever.
8.9.4 Any establishment selling firearms, ammunition, explosives or other dangerous weapons of any character whatsoever.
98.13.01 Transport or Possess Firearms
98.13.02 Firearms in Public
I am requesting these ordinances be updated or removed within 90 days to comply with MCL 123.1102. Failure to amend these ordinances could be considered an act of malfeasance as it willfully misinforms the public of what is and is not allowed in the city of Troy. I welcome your feedback, questions or concerns.

Respectfully,







As a former Resident of Troy, (Graduated 99 from Athens) and my parents still live there, I hope they change this. However as Nutso as the mayor is, and how anal city council is, i wish you good luck.
 

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
quick response from council member Dave Henderson

Dan

Thanks for your email. I am a proud CPL holder. I have forwarded your email to the city attorney for review. I will update you with her response when I receive it.

Thanks

Dave
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
as a recent resident of Troy i have drafted this letter please give feedback as necessary:

Hello,I'm a recent resident of Troy and I was reviewing Troy's ordinances online. I'm contacting you in regards to sections of Troy code that directly conflicts existing state law. Namely, Sections 8 - Disaster Control and 98 - Criminal Code.
As you may or may not know, the state of Michigan passed Act 319 of 1990 which states the following: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.

http://www.legislature.mi.gov/(S(plsitqaeeeqzkjnvinshbf55))/mileg.aspx?page=GetObject&objectname=mcl-123-1102


The specific areas that conflict with 123.1102 are:
8.9.3 The discontinuance of selling, distributing, dispensing or giving away of any firearms, ammunition, explosives, or other dangerous weapons of any character whatsoever.
8.9.4 Any establishment selling firearms, ammunition, explosives or other dangerous weapons of any character whatsoever.
98.13.01 Transport or Possess Firearms
98.13.02 Firearms in Public
I am requesting these ordinances be updated or removed within 90 days to comply with MCL 123.1102. Failure to amend these ordinances could be considered an act of malfeasance as it willfully misinforms the public of what is and is not allowed in the city of Troy. I welcome your feedback, questions or concerns.

Respectfully,








Don't forget this. Not even the Governor can take firearms.

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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Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
Already addressed....

While still a resident of Michigan, I took it upon myself to contact them about that ordinance.

Their reply was that the last section, about persons authorized by the state to carry, was added after the issue was previously raised. Their intention of the ordinance is to prevent minors, drinkers, druggers, and felons from carrying in their city. I told them that federal law already prohibits such things and they said that was the way it was going to stay.

So, from my perspective, they have no intentions of dealing with people unless they are suspected of being a minor, drunk, high, or a convict.
 
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