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Troy Firearms Ordinances

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
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.

that's all well and good, but the preemption law doesn't say that a local unit of government shall not impose... unless it's on minors or if they add a clause for state and federal... it says "shall not impose"
 

eastmeyers

Regular Member
Joined
Apr 13, 2008
Messages
1,363
Location
Hazel Park, Michigan, USA
The City Attorney is Full Time, I have had Clawson PD contact her before, and have spoke with her before as a witnes, and as a defendent for a civil infraction. (BTW Clawson and Troy share court resources). I will attend meeting as well just let me know info!
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
Royal Oak, Clawson, and Troy all had this same ordinance. Royal Oak changed theirs, eastmeyers stated that Clawson changed theirs, I do not believe that anyone had ever contacted Troy about theirs.

The following Troy Ordinance is meaningless as State Law Authorizes Persons able to Own/Possess Firearms to carry same...

98.13.02 said:
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.

The following Troy Ordinance is more restrictive than State Law for Transport and therefore violates MCL 123.1102.

98.13.01 said:
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.

These should be addressed as well.

Troy Code of Ordinances Chapter 98: http://troymi.gov/CodeAndCharter/Code/CH098.pdf

MCL Links:
http://legislature.mi.gov/doc.aspx?mcl-123-1102
http://legislature.mi.gov/doc.aspx?mcl-750-227d
 

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
reply from dave, troy city council

Dan

Nothing yet. The city attorney is looking into it. I forwarded this email to her as a reminder. I’ll keep you posted

Thanks

Dave
 

smellslikemichigan

Campaign Veteran
Joined
Jun 16, 2008
Messages
2,307
Location
Troy, Michigan, USA
i didn't go yet. i'm giving the lawyer a chance to respond. troy posts their meetings online though, so i will review the meeting to see if it was brought up... but i doubt it was, yet.
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
i didn't go yet. i'm giving the lawyer a chance to respond. troy posts their meetings online though, so i will review the meeting to see if it was brought up... but i doubt it was, yet.

Usually best to give them some time to respond. If you have properly informed the City Council and Police Department and have evidence of such, then they are unlikely to enforce an ordinance out of line with State Law and if they do then they will be in a world of hurt (not wanting a fight, but being prepared is best).
 
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