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Thread: Rochester Hills Considers Gun Carrying Law

  1. #1
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    http://www.theoaklandpress.com/artic...0496012489.txt

    City Council will discuss the possibility of changing the law regarding carrying a gun in city parks, and will discuss a millage renewal issue for the August election.

    The council will discuss a request to place a millage renewal for the Older Persons Commission on the Aug. 3 ballot at City Council’s next regular meeting Monday. Marye Miller, director of the OPC, sent a letter on behalf of the OPC board asking for a 0.25-mill ballot question, which is actually an increase.

    A request for 0.25 will require language explaining a Headlee rollback, as the amount of the current millage is 0.244 in Rochester and Rochester Hills. The OPC is supported by Rochester, Rochester Hills and Oakland Township.

    The Rochester City Council has expressed that it will not support placing an increase on the ballot for residents.

    Rochester Hills City Councilman and OPC board member Mike Webber said he felt there was some confusion between the OPC staff and the board concerning the amount to request on the ballot. To clarify, the OPC board voted six to one on Thursday in favor of a renewal at the current rate for the cities, which will not involve an increase nor special language on the ballot.

    The meeting will begin at 7 p.m. at City Hall.

    The council also will discuss whether to update its current ordinance concerning the right to carry and possess a firearm within city parks at council’s regular meeting Monday after a request was made by residents at a former meeting.

    According to the city attorney John Staran, the current ordinance inconsistent with state law and therefore is not enforceable. The city prohibits firearm possession in city parks. Staran said in a statement, “The city may prohibit the use of firearms in a park, but the city may not prohibit possession of firearms in a park.”

    The proposed new ordinance says it is unlawful to discharge a weapon in a park with the exception of an authorized peace officer carrying out the duties of his position.

    This leaves a person who discharges a weapon in self defense subject to prosecution of a misdemeanor by the city with a sentence of not more than 90 days confinement or jail and up to a $500 fine.

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    Someone might want to read the Castle Doctrine to this dumbAss city attorney. Although I wouldn't put it past the concil to have asked for that provision based on how Sasha and I were recieved when we spoke out againt the old ordinance.

  3. #3
    Regular Member Slave's Avatar
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    You would think these people actually read laws before they try and make new ones up.

    Then again, a person who doesn't know the law could fall for this kind of crap and not fight to clear his name.

    In the end, this will cost the city some money and hopefully a law abiding citizen will make a little coin from doing whats right.

  4. #4
    Regular Member malignity's Avatar
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    Isn't that kind of law also protected under preemption? Maybe not, I dunno.

    Oh, and I'd rather get a misdemeanor than be carried by 6 too, idiots. Lol.
    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

  5. #5
    Regular Member DanM's Avatar
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    The proposed ordinance was amended on 4/30/2010. It now does not penalize lawful defense of self or others.


    Sec. 74-108. Firearms and weapons.

    It shall be unlawful todischarge any firearm, air rifle, airgun, or any other weapon that propels projectiles by any means in a park. However, this section shall not apply to any authorized peace officer while carrying out the duties of his position, nor to any individual who discharges a firearm in lawful self-defense or the lawful defense of another individual.

    http://roch.legistar.com/View.ashx?M...7-82E3398DD33F
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

  6. #6
    Regular Member autosurgeon's Avatar
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    Good job guys!
    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."

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    +1 Nicely done.

  8. #8
    Regular Member eastmeyers's Avatar
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    Great! Great job!

    God Bless
    "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

  9. #9
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    Cool off guys. Rochester Hills City Attorney, Mr. Staran is actuallybeing flexible in working with me on poroposed revisionto the City Ordinance. His first proposal was toovague because it would of still prohibitted "use" of firearms inparks. Word "use" is too broad. I pointed this out to him and he came up with a second revision which, in my, opinion is quite good. It is in line with State Law now, I beleive.

    If you are planning to attend, Isuggestto be non-combativeat tonight's meeting.Things are moving in the right direction.

    Justto clarify that revised Ordinance is not yet adopted. Tonight it should be adopted as First Reading. At Second Reading, a week or two later, City Councilshould voteon the final version.

    Here is the link to original thread on this subject:

    http://opencarry.mywowbb.com/forum30/40450.html

    Also, this is the link to proposed new Ordinance:

    http://roch.legistar.com/View.ashx?M...7-82E3398DD33F





  10. #10
    Regular Member FatboyCykes's Avatar
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    sasha601 wrote:
    Cool off guys. Rochester Hills City Attorney, Mr. Staran is actuallybeing flexible in working with me on poroposed revisionto the City Ordinance. His first proposal was toovague because it would of still prohibitted "use" of firearms inparks. Word "use" is too broad. I pointed this out to him and he came up with a second revision which, in my, opinion is quite good. It is in line with State Law now, I beleive.

    If you are planning to attend, Isuggestto be non-combativeat tonight's meeting.Things are moving in the right direction.

    Justto clarify that revised Ordinance is not yet adopted. Tonight it should be adopted as First Reading. At Second Reading, a week or two later, City Councilshould voteon the final version.

    Here is the link to original thread on this subject:

    http://opencarry.mywowbb.com/forum30/40450.html

    Also, this is the link to proposed new Ordinance:

    http://roch.legistar.com/View.ashx?M...7-82E3398DD33F



    Looking good Sasha...

  11. #11
    Campaign Veteran smellslikemichigan's Avatar
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    here's a comment on the article. priceless:
    " ITS TIME TO TELL THESE GUN TOKEN FOOLS THAT THE GUNS ARE DANGERIOUS. AN TO HAVE PEOPLE OUT IN THE PARKS WITH GUNS SHOWS HOW STUPID AN IRRITATING THESE PEOPLE ARE. YOU HUNTERES OUT THERE NEEDS TO UNDERSTAND THAT THESE PEOPLE CARING GUNS INTO A PARK. ARE NOTHING MORE THAN TROUBLED PEOPLE WHICH ARE USING YOU AS A PAUN.YOU THE HUNTERS NEED TO PUT A STOP TO THIS BEHAVIOR THEY ARE GIVING YOU A BAD NAME AN IMAGE. NRA IS A GOOD GROUP OF PEOPLE. THAT ARE BEING USED FOR THE RIGHT TO BARE ARMS IN A CHILDRENS PARK. DO YOU GUY NOT SEE THE TROUBLE OF THIS IN OUR FUTURE. AN WHAT IT IS DOING TO MY CHILDREN. TO HAVE THEM ACT WITH YOUR BLESSINGS. HOW SAD OUR WE NOW. "
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

  12. #12
    Regular Member autosurgeon's Avatar
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    Wow that's a lot of shouting!
    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."

  13. #13
    Regular Member fozzy71's Avatar
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    autosurgeon wrote:
    Wow that's a lot of mis-spelled words and incorrect punctuation/grammar!
    I love it when people call other people stupid and type it up like they dropped out of school in the 4th grade.
    "I like users who quote smellslikemichigan in their signature lines." - fozzy71

  14. #14
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    Wow that is a lot of rambling nonsense

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