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Thread: Misleading Ordinance in Madison Heights

  1. #1
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    Hello everyone. I've been lurking around here for a while (very informative). Since I don't own any firearms, and am a few months shy of being able to purchase a handgun, I really have much to contribute. Well, until now.

    I was looking through the Madison Heights city ordinances and came across this:

    Sec. 17-141. Restrictions on possession of firearms.

    (a) It shall be unlawful for any person to carry a firearm 30 inches or less in length on his person, concealed or otherwise, in the public streets, alleys, public shopping centers or places of business frequented by the public, public parks, public school property, property locations of religious worship open to the public or any other place in the city unless the bearer possesses a duly authorized unexpired Michigan license to carry a concealed weapon.

    Now, I thought this was illegal, but then I came across the exemption paragraph:

    All sworn law enforcement officers, certified by the commission on law enforcement standards, or its successor, and employed on a full-time basis as a law enforcement officer by this state or a political subdivision thereof, all reserve officers performing their duties as reserve officers, court officers performing their duties as court officers, animal control officers performing their duties as animal control officers, military personnel in pursuit of official duty, and persons duly authorized by state or federal law to carry firearms and/or dangerous weapons, are exempt from the provisions of this article, except those provisions concerned with hunting.

    Now, is it just me, or does this seem very misleading?

  2. #2
    Regular Member eastmeyers's Avatar
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    It is mis-leading. Many laws are though, many laws have exceptions listed at the bottom or the end. Just how things are done, that is why you must always read untill the end. Not just read the main section and be disappointed.

    Anyways welcome. I hope to see you at a picnic soon, maybe the marrysville one. And hay if you need a ride hit me up, our cities border.

    Are you 17 or 20? Because you can purchuse a pistol from a private seller if you are at least 18, just not a FFL dealer. A good place to check out for looking for firearms is http://www.migunowners.org/forum/forumdisplay.php?f=142

    Anyways again welcome.

    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

  3. #3
    Campaign Veteran Glock9mmOldStyle's Avatar
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    E.M. is right MGO is a really good place to find pistols/rifles/shotguns/holsters/ammo etc... from private sellers. I've bought a couple (pistols) there & got really decent deals on them. As with anything in life do your homework before you buy.

    Welcome & hope to see you at a picnic or other event soon.
    “A government that does not trust it’s 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

  4. #4
    Regular Member Evil Creamsicle's Avatar
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    Harry25 wrote:
    Hello everyone. I've been lurking around here for a while (very informative). Since I don't own any firearms, and am a few months shy of being able to purchase a handgun, I really have much to contribute. Well, until now.

    I was looking through the Madison Heights city ordinances and came across this:

    Sec. 17-141. Restrictions on possession of firearms.

    (a) It shall be unlawful for any person to carry a firearm 30 inches or less in length on his person, concealed or otherwise, in the public streets, alleys, public shopping centers or places of business frequented by the public, public parks, public school property, property locations of religious worship open to the public or any other place in the city unless the bearer possesses a duly authorized unexpired Michigan license to carry a concealed weapon.

    Now, I thought this was illegal, but then I came across the exemption paragraph:

    All sworn law enforcement officers, certified by the commission on law enforcement standards, or its successor, and employed on a full-time basis as a law enforcement officer by this state or a political subdivision thereof, all reserve officers performing their duties as reserve officers, court officers performing their duties as court officers, animal control officers performing their duties as animal control officers, military personnel in pursuit of official duty, and persons duly authorized by state or federal law to carry firearms and/or dangerous weapons, are exempt from the provisions of this article, except those provisions concerned with hunting.

    Now, is it just me, or does this seem very misleading?
    The funny thing is, the ordinance is illegal regardless of the exemptions, because preemption prohibits them from making any law regarding firearm possession or carry.:celebrate

  5. #5
    Michigan Moderator DrTodd's Avatar
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    Evil Creamsicle wrote:
    Harry25 wrote:
    Hello everyone. I've been lurking around here for a while (very informative). Since I don't own any firearms, and am a few months shy of being able to purchase a handgun, I really have much to contribute. Well, until now.

    I was looking through the Madison Heights city ordinances and came across this:

    Sec. 17-141. Restrictions on possession of firearms.

    (a) It shall be unlawful for any person to carry a firearm 30 inches or less in length on his person, concealed or otherwise, in the public streets, alleys, public shopping centers or places of business frequented by the public, public parks, public school property, property locations of religious worship open to the public or any other place in the city unless the bearer possesses a duly authorized unexpired Michigan license to carry a concealed weapon.

    Now, I thought this was illegal, but then I came across the exemption paragraph:

    All sworn law enforcement officers, certified by the commission on law enforcement standards, or its successor, and employed on a full-time basis as a law enforcement officer by this state or a political subdivision thereof, all reserve officers performing their duties as reserve officers, court officers performing their duties as court officers, animal control officers performing their duties as animal control officers, military personnel in pursuit of official duty, and persons duly authorized by state or federal law to carry firearms and/or dangerous weapons, are exempt from the provisions of this article, except those provisions concerned with hunting.

    Now, is it just me, or does this seem very misleading?
    The funny thing is, the ordinance is illegal regardless of the exemptions, because preemption prohibits them from making any law regarding firearm possession or carry.:celebrate
    Nope, it is not illegal because:

    MCL123.1103 Permissible prohibitions or regulation.
    Sec. 3. This act does not prohibit a local unit of government from doing either of the following:
    (a) Prohibiting or regulating conduct with a pistol or other firearm that is a criminal offense under state law.

    (b) Prohibiting or regulating the transportation, carrying, or possession of pistols and other firearms by employees of that
    local unit of government in the course of their employment with that local unit of government.
    History: 1990, Act 319, Eff. Mar. 28, 1991.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  6. #6
    Regular Member Evil Creamsicle's Avatar
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    DrTodd wrote:
    Evil Creamsicle wrote:
    Harry25 wrote:
    Hello everyone. I've been lurking around here for a while (very informative). Since I don't own any firearms, and am a few months shy of being able to purchase a handgun, I really have much to contribute. Well, until now.

    I was looking through the Madison Heights city ordinances and came across this:

    Sec. 17-141. Restrictions on possession of firearms.

    (a) It shall be unlawful for any person to carry a firearm 30 inches or less in length on his person, concealed or otherwise, in the public streets, alleys, public shopping centers or places of business frequented by the public, public parks, public school property, property locations of religious worship open to the public or any other place in the city unless the bearer possesses a duly authorized unexpired Michigan license to carry a concealed weapon.

    Now, I thought this was illegal, but then I came across the exemption paragraph:

    All sworn law enforcement officers, certified by the commission on law enforcement standards, or its successor, and employed on a full-time basis as a law enforcement officer by this state or a political subdivision thereof, all reserve officers performing their duties as reserve officers, court officers performing their duties as court officers, animal control officers performing their duties as animal control officers, military personnel in pursuit of official duty, and persons duly authorized by state or federal law to carry firearms and/or dangerous weapons, are exempt from the provisions of this article, except those provisions concerned with hunting.

    Now, is it just me, or does this seem very misleading?
    The funny thing is, the ordinance is illegal regardless of the exemptions, because preemption prohibits them from making any law regarding firearm possession or carry.:celebrate
    Nope, it is not illegal because:

    MCL123.1103 Permissible prohibitions or regulation.
    Sec. 3. This act does not prohibit a local unit of government from doing either of the following:
    (a) Prohibiting or regulating conduct with a pistol or other firearm that is a criminal offense under state law.

    (b) Prohibiting or regulating the transportation, carrying, or possession of pistols and other firearms by employees of that
    local unit of government in the course of their employment with that local unit of government.
    History: 1990, Act 319, Eff. Mar. 28, 1991.
    Yeah but it says 'concealed or otherwise', which effectively would ban OC of a pistol... which is not a criminal offense under state law.

    Unless I am misunderstanding what you are referring to.:celebrate

    ETA: Oh OK I see the bold now....

    Yep, its just a misleading, useless ordinance

  7. #7
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    eastmeyers wrote:
    Are you 17 or 20?Â* Because you can purchuse a pistol from a private seller, just not a FFL dealer.Â* A good place to check out for looking for firearms is http://www.migunowners.org/forum/forumdisplay.php?f=142

    Anyways again welcome.

    God Bless
    I'm 20. I had no idea that you were able to buy a handgun before you were 21. Either way, I doubt I'll have enough saved up to get one before I'm 21 anyway.

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