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Thread: Michigan News Herald - TAYLOR: Open carry advocates plan to be packing at next council meeting

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    http://www.thenewsherald.com/article...1879688405.txt

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    By Rene Cizio

    TAYLOR — Several people might bring guns to Tuesday’s City Council meeting in hopes of getting some attention.

    A group of residents says some city ordinances are in violation of the Michigan Constitution regarding the open carrying of handguns and the regulation of gun dealers.

    They want the ordinances changed.

    To drive home their point, they plan to openly carry their guns to the next council meeting.

    We just want them to be in compliance with the state constitution,” resident Jeff French said.

    French, a member of Michigan Open Carry, is leading the charge to have the ordinances changed.

    . . .


    He said the city prosecuting attorney and corporation counsel are looking into what might need to be changed in the ordinances.

    According to state law, the practice of “open carry” is where gun owners can openly carry a properly holstered handgun while they go about their daily business.

    What most people are more familiar with is concealed carry, where a gun cannot be seen by the casual observer.

    . . .

    Forty-four states allow some type of open carry of a handgun; six states ban it.

    Taylor’s ordinance says that no person shall use, carry or possess firearms of any description or they will be confiscated and forfeited to the city.

    Another section, contrary to the state constitution, refers to gun dealers, who are to be prohibited if the use will be within 1,000 feet of achurch, school, residential or midtown district or a public park.

    The state does not recognize a distance requirement for gun dealers. While cities have the right to zone areas as they see fit, the Taylor ordinance appears to apply specifically to guns, which contradicts the state’s law.

    “If you know you have bad laws on the books, why don’t you do something about it?” French said.

    Open-carry advocates sometimes attend city functions or visit facilities en masse to educate the public on their rights and responsibilities under state law.

    French said he also is looking into a future armed event in a park or other city facility.


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    looks good

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    Michigan Law 123.1102provides that: 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.

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    Mike wrote:
    http://www.thenewsherald.com/article...1879688405.txt

    SNIP

    By Rene Cizio

    TAYLOR — Several people might bring guns to Tuesday’s City Council meeting in hopes of getting some attention.

    A group of residents says some city ordinances are in violation of the Michigan Constitution regarding the open carrying of handguns and the regulation of gun dealers.

    They want the ordinances changed.

    To drive home their point, they plan to openly carry their guns to the next council meeting.

    We just want them to be in compliance with the state constitution,” resident Jeff French said.

    French, a member of Michigan Open Carry, is leading the charge to have the ordinances changed.

    . . .


    He said the city prosecuting attorney and corporation counsel are looking into what might need to be changed in the ordinances.

    According to state law, the practice of “open carry” is where gun owners can openly carry a properly holstered handgun while they go about their daily business.

    What most people are more familiar with is concealed carry, where a gun cannot be seen by the casual observer.

    . . .

    Forty-four states allow some type of open carry of a handgun; six states ban it.

    Taylor’s ordinance says that no person shall use, carry or possess firearms of any description or they will be confiscated and forfeited to the city.

    Another section, contrary to the state constitution, refers to gun dealers, who are to be prohibited if the use will be within 1,000 feet of achurch, school, residential or midtown district or a public park.

    The state does not recognize a distance requirement for gun dealers. While cities have the right to zone areas as they see fit, the Taylor ordinance appears to apply specifically to guns, which contradicts the state’s law.

    “If you know you have bad laws on the books, why don’t you do something about it?” French said.

    Open-carry advocates sometimes attend city functions or visit facilities en masse to educate the public on their rights and responsibilities under state law.

    French said he also is looking into a future armed event in a park or other city facility.





    May 17, 2010



    I have received e-mails and phone calls from people supporting the Michigan “Open Carry,” which have addressed issues involving 2 City of Taylor Ordinances and law enforcement response to this issue. I have spoken with both the City Attorney and City Prosecutor regarding the ordinances and they are currently reviewing them. If the ordinances violate the “Open Carry” or Constitution, the City will begin the process of amending them. The amending process can be time consuming. The amended ordinance must have a first and second reading at the City Council Meeting and then be published.



    Regarding police response, the Taylor Police Department has trained our officers how to appropriately respond when confronted with open carry. Please remember that open carry is a paradigm shift for our officers and creates a safety issue. The police department is in the process of developing procedures and policies with regards to open carry. The department will continue to train our officers for compliance while still maintaining officer safety. I would like meet with members of the Michigan Open Carry to discuss issues and concerns. Please feel free to contact me .



    Dale Tamsen

    Chief of Police

    City of Taylor

    23515 Goddard Road

    Taylor, MI 48180

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    Thanks for the follow-up with the Chief Taxwhat. At Monday's study session the Chief said " I have been in contact with this group and their behavior has been very professional." In short he was telling council that he didn't think we are a threat.

    A government that does not trust its law-abiding citizens to keep and bear arms is itself unworthy of trust. James Madison.

    Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth. The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good. George Washington

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    I would like to offer some help on the issue.

    First, retain a copy of the internal policies on this issue that the police department has issued to their officers. The letter he sent you looks good, but does not state the law, or give an insight into exactly what the policy will contain. This is public information and is quite important to see.
    Second, it sounds like you were well received by the chief. Awesome! Time will tell, as I found out when I petitioned my city for a redress. It took 5 months for the ordinance to be changed, which is much longer than it took to draft and adopt the unlawful language in the first place. I had to re contact them and get the ball rolling again. Keep a good report with them as I know you will. If there is anything I can do to help, please feel free to let me know.
    In freedom,
    Thomas Matos
    Lt Gubernatorial Candidate-Michigan

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