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Misleading Ordinance in Madison Heights

H

Harry25

Regular Member
Joined
Jun 10, 2010
Messages
37
Location
Madison Heights, Michigan, USA
imported post

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?
 
eastmeyers

eastmeyers

Regular Member
Joined
Apr 13, 2008
Messages
1,363
Location
Hazel Park, Michigan, USA
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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
 
Glock9mmOldStyle

Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
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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.
 
Evil Creamsicle

Evil Creamsicle

Regular Member
Joined
Sep 11, 2009
Messages
1,264
Location
Police State, USA
imported post

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?
Click to expand...
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
 
DrTodd

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
imported post

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?
Click to expand...
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
Click to expand...
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.
 
Evil Creamsicle

Evil Creamsicle

Regular Member
Joined
Sep 11, 2009
Messages
1,264
Location
Police State, USA
imported post

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?
Click to expand...
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
Click to expand...
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.
Click to expand...
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 :monkey
 
H

Harry25

Regular Member
Joined
Jun 10, 2010
Messages
37
Location
Madison Heights, Michigan, USA
imported post

eastmeyers wrote:
Are you 17 or 20?  Because you can purchuse a pistol from a private seller, 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
Click to expand...

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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