imported post
T Vance wrote:
They seem to be good to go with their firearm ordinances. What do you think about this though.
§ 132.041 RECKLESS USE OF FIREARMS.
It shall be unlawful for any person to recklessly, heedlessly, willfully or wantonly, carry or handle any firearm without due caution and circumspection for the rights, safety or property of others.
T Vance - I think it is too vague and could be used against someone OC'ing. I have seen several cities have this same EXACT ordinance. The following is what I posted after TheSzerdi was detained at Fairlane Mall:
Reckless, wanton use or negligent discharge of firearm.
It shall be unlawful for any person in the city to recklessly, heedlessly,
wilfully or wantonly use,
carry, handle or discharge
any firearm without due caution and circumspection for the rights, safety or property of others.
Definitions:
willfully = done deliberately
due = satisfying or capable of satisfying a need, obligation, or duty
caution = prudent forethought to minimize risk
circumspection = careful to consider all circumstances and possible consequences
So:
1. I do carry deliberately, as I gave much thought to carrying a firearm OC or otherwise prior to doing so.
2. I do consider the possible risks of OC and have learned all I can about PFZ's, LEO Interaction, Situational Awareness, and am now using a Retention Holster.
*HOWEVER*
3. I can see some LEO using the "
safety of others" argument that because they did not "
feel safe", I violated this ordinance.
Therefore, I would re-write this ordinance this way:
RECKLESS USE OF FIREARMS.
It shall be unlawful for any person to recklessly carry, handle, or discharge any firearm without due caution and circumspection for the rights, safety or property of others.
The LEO would then have to PROVE that I was acting recklessly, which Michiganer has pointed out is already covered for lawful OC. I just think it best to give a LEO less ammunition in which to "jam-up" a lawful OC'er.
