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Is this legal? town ordinance

autosurgeon

Regular Member
Joined
Sep 29, 2008
Messages
3,831
Location
Lawrence, Michigan, United States
imported post

Sec. 22-28. Firearms and other weapons; fireworks.
It shall be unlawful for any person, except a police officer or other peace officer, to bring into or have in his possession in any park or recreation area:
(1) Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized track and field events, are excepted from this restriction;
(2) Any rifle, shotgun, BB gun, airgun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring, or air, without first having obtained a written permit from the director for possessing same; or
(3) Have in his possession or set off any fireworks. Permits may be given for conducting properly supervised fireworks in designated park areas.
(Code 1972, § 20.510; Ord. No. 135, § 10.01, eff. 5-4-1981)
State Law References: Firearms and weapons, MCL 750.222 et seq.; fireworks, MCL 750.243a et seq.

The parts in red are unenforceable due to preemption and should be removed.
 

FatboyCykes

Regular Member
Joined
Apr 3, 2009
Messages
942
Location
Warren, Michigan, USA
imported post

gettysburg wrote:
So amend rather than repeal?
Not really up to you, they will deal with it as they see fit. Most likely they will amend out the unenforceable parts rather than repealing the whole of the statute. Or add a little ditty like; except as otherwise allowed by law.
 

Kimberguy

Regular Member
Joined
Jul 10, 2008
Messages
367
Location
Jackson, Michigan, USA
imported post

FatboyCykes wrote:
gettysburg wrote:
So amend rather than repeal?
Not really up to you, they will deal with it as they see fit. Most likely they will amend out the unenforceable parts rather than repealing the whole of the statute. Or add a little ditty like; except as otherwise allowed by law.
that is just misleading. one might think, oh, well i guess that would be police officers. amend to strike the unenforcables is what i would try for.... but yet.... who I am?

Kimberguy! thats who!

ok i havnt slept in 37.5 hours

good night
 
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