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It's official...firearm possession and carry is illegal in city of Wayne!

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
Because of the furniture store explosion, the mayor has declared a state of emergency in the city of Wayne. Upon a quick search of their city ordinances, they have banned firearm possession or carry during this time!!

(a) Power to Proclaim Emergency. The Mayor, or in his or her absence, the Mayor Pro-Tempore, is hereby authorized to proclaim a state of emergency in the City whenever he or she is advised by the Deputy Director, Department of Public Safety-Police Division, that a civil disturbance, riot or civil commotion is in progress, and that there is present within the City limits or in immediate proximity thereto, large groups of persons engaged in rioting, looting and the destruction of property, or threatening physical violence in defiance of the ordinances of the City or statutes of the State, and that the presence of such groups of persons is likely to require extraordinary measures to quell, subdue or control the same, including an appeal to the civil authority of the surrounding communities for additional police personnel to meet such conditions. Having received such report from the Deputy Director, the Mayor, or in his or her absence, the Mayor Pro-Tempore, is hereby authorized to proclaim the existence of an emergency.

(b) Issuance of Emergency Orders. Upon the proclamation of the existence of such emergency, the Mayor is hereby granted emergency powers to declare, issue and decree emergency orders, and may also issue orders incidental to the emergency, placing into effect any of the following restrictions, prohibitions and affirmative commands, as conservator of the peace of the City, and such restrictions shall thereafter be in full force and effect for the duration of the emergency so determined and proclaimed:

(1) He or she may order that no person, except a duly authorized law enforcement officer, shall possess or have on his or her person or carry any firearms, ammunition, explosives, inflammable materials or liquids, or other dangerous weapons, including, but not limited to, chains, clubs or missiles, within the boundaries of the City.

http://www.amlegal.com/nxt/gateway.dll/Michigan/wayne/parttwo-administrationcode/titlefour-legislation/chapter214mayor?f=templates$fn=document-frameset.htm$q=firearms%20$x=server$3.0#LPHit1
 
Last edited:

Bronson

Regular Member
Joined
Jul 14, 2008
Messages
2,126
Location
Battle Creek, Michigan, USA
As far as I see it the ability of a local unit of govt. to restrict firearm possession, even in a declared state of emergency, is nullified by preemption.

Bronson
 

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
Interesting...can't carry a gun into a cemetery in the city of Wayne either. That's rather creative.

1066.26 WEAPONS.

No person shall take any firearm or explosive into any cemetery, except that military or other organizations may carry arms therein for the purpose of firing a salute over the grave at the burial of a member of their organization or upon observance of memorial services.

(Ord. 16. Passed 9-1-64.)
 

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
It would be my assumption, these ordinances like many other we come across and fix, are long forgotten by the City. Now if they prove me wrong and actually enforce it...that would be one large, expensive can of worms.
 

DanM

Regular Member
Joined
Jul 11, 2008
Messages
1,928
Location
West Bloomfield, Michigan, USA
(1) He or she may order that no person, except a duly authorized law enforcement officer, shall possess or have on his or her person or carry any firearms, ammunition, explosives, inflammable materials or liquids, or other dangerous weapons, including, but not limited to, chains, clubs or missiles, within the boundaries of the City.

I hope they are smart enough not to arrest anybody carrying for violation of this ordinance. This could be a very costly lawsuit waiting to happen.

The ordinance doesn't outlaw carrying during a declared state of emergency. It grants the mayor the power, after declaring a state of emergency, to order a prohibition on carrying.

So far as reported, an order has not come from the mayor prohibiting lawful carry. Lawful firearm possession and carry in Wayne has not been made illegal, and you won't be arrested for it, pursuant to any orders so far reported as issued for the state of emergency.

The ordinance granting the mayor this potential power is illegal by preemption and will be dealt with. But it looks like the mayor has not attempted to exercise the specific power of ordering a prohibition on lawful carry. As long as there's no attempt to exercise it and illegal citations/detentions/arrests resulting from that, there's no potential for a relevant lawsuit against the city.
 
B

Bikenut

Guest
The only way a person shouldn't carry in a cemetery is if they are a resident.
I'll leave my firearms to my heirs... but I want my cell phone, fully charged of course, to go with me into that box because.................

If the cause of my death is due to the side effects of some medicine I took sometime or other during my life I want to be able to call a lawyer! After all... I might be entitled to monetary recompense!










:banana:
 

xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
What if for someone reason it was the state under the state of emergency. Could our firearms legally be seized and or not allowed to carry them anymore? Looking at the fact our pistols are registered they would know where to go to get them. Do we have anything to protect us in case that situation would arise after a horrific tornado, terrorist attack, or even the zombies!?
 

ISMOID

Regular Member
Joined
Nov 29, 2008
Messages
237
Location
MOC Charter Member - Dearborn Heights, Michigan, U
Source: http://www.ammoland.com/2010/06/07/gun-seizures/

Gun Seizures & Michigan Gun Owner Frequently Asked Questions

Michigan - -(Ammoland.com)- Q: I have read about the nightmare of gun seizures that occurred in New Orleans directly after Hurricane Katrina in 2005. What guarantees do we have that such an abuse of power cannot take place here in Michigan?

A: MCL 10.31 (Public Act 302 of 1945), entitled: “Emergency Powers of the Governor,” states in Section 1 that,”During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state, or reasonable apprehension of immediate danger of a public emergency of that kind, when public safety is imperiled, either upon application of the mayor of a city, sheriff of a county, or the commissioner of the Michigan state police or upon his or her own volition, the governor may proclaim a state of emergency and designate the area involved.”

The powers granted in 1945 when the law was enacted are quite broad and do include “…control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety.”

However, the law was amended in 2006 (Public Acts 545 & 546) with the full support and cooperation of MCRGO, to include Subsection (3), which states: “(3) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms, ammunition, or other weapons.”

So, the Governor of Michigan does not have the legal authority to seize otherwise lawfully owned guns or ammunition from citizens, even during a properly declared emergency.

Steve Dulan (www.StevenWDulan.com) is a member of the Board of Directors of the MCRGO and the MCRGO Foundation, and a member of the Board of Trustees of the MCRGO Foundation. He is an attorney in private practice in East Lansing and Adjunct Professor of firearms law at The Thomas M. Cooley Law School. as well as an NRA Life Member.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Interesting...can't carry a gun into a cemetery in the city of Wayne either. That's rather creative.

1066.26 WEAPONS.

No person shall take any firearm or explosive into any cemetery, except that military or other organizations may carry arms therein for the purpose of firing a salute over the grave at the burial of a member of their organization or upon observance of memorial services.

(Ord. 16. Passed 9-1-64.)

Zombie protection law. :uhoh:
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
Royal Oak, Clawson, and Troy have similar provisions. Royal Oak and Clawson have been notified and are in process of changing them. Troy, I have not yet contacted.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
Because of the furniture store explosion, the mayor has declared a state of emergency in the city of Wayne. Upon a quick search of their city ordinances, they have banned firearm possession or carry during this time!!

(a) Power to Proclaim Emergency. The Mayor, or in his or her absence, the Mayor Pro-Tempore, is hereby authorized to proclaim a state of emergency in the City whenever he or she is advised by the Deputy Director, Department of Public Safety-Police Division, that a civil disturbance, riot or civil commotion is in progress, and that there is present within the City limits or in immediate proximity thereto, large groups of persons engaged in rioting, looting and the destruction of property, or threatening physical violence in defiance of the ordinances of the City or statutes of the State, and that the presence of such groups of persons is likely to require extraordinary measures to quell, subdue or control the same, including an appeal to the civil authority of the surrounding communities for additional police personnel to meet such conditions. Having received such report from the Deputy Director, the Mayor, or in his or her absence, the Mayor Pro-Tempore, is hereby authorized to proclaim the existence of an emergency.

(b) Issuance of Emergency Orders. Upon the proclamation of the existence of such emergency, the Mayor is hereby granted emergency powers to declare, issue and decree emergency orders, and may also issue orders incidental to the emergency, placing into effect any of the following restrictions, prohibitions and affirmative commands, as conservator of the peace of the City, and such restrictions shall thereafter be in full force and effect for the duration of the emergency so determined and proclaimed:

(1) He or she may order that no person, except a duly authorized law enforcement officer, shall possess or have on his or her person or carry any firearms, ammunition, explosives, inflammable materials or liquids, or other dangerous weapons, including, but not limited to, chains, clubs or missiles, within the boundaries of the City.

http://www.amlegal.com/nxt/gateway.dll/Michigan/wayne/parttwo-administrationcode/titlefour-legislation/chapter214mayor?f=templates$fn=document-frameset.htm$q=firearms%20$x=server$3.0#LPHit1

I was under the assumption that MI had state preemption. If so, the mayor cannot lawfully do this.
 

AFPVet

Regular Member
Joined
Dec 28, 2010
Messages
105
Location
Indiana
While the ordinance should be contested in court, ordinances are civil statues—not criminal statues. What this means is that with an ordinance violation, you will be subjected to a fine—and no criminal record. That said, some fines can be as high as $10,000 for some ordinance violations.

I believe this ordinance should be challenged... no declaration of absolute or qualified martial law had been declared to my understanding.
 

Onnie

Regular Member
Joined
Sep 16, 2010
Messages
664
Location
Maybee, Michigan
I forgot all about ZOMBIES!
Now what do I do! I been playing COD on xbox to get practice but they move too fast for a semi automatic handgun, I may need a Ray gun!
 
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