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

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
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.
Maybe in Indiana, In Michigan ordinances can be misdemeanors and are part of your criminal record.
 
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Jerbear1098

Regular Member
Joined
Aug 14, 2010
Messages
50
Location
Redford Michigan
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:




Just call Sam !!!!! :banana::monkey:banana::monkey
 

kryptonian

Regular Member
Joined
Apr 26, 2010
Messages
245
Location
, ,
a) everybody that said premption is correct
b) how would you know this emergency provision was in place if you were driving thru nowhere near the emergency? the culpable mental state of knowingly or intentionally could not be used
c) why disarm citizens in a state of emergency? what better time to BE armed?
d) LOVE ZOMBIE MOVIES!!!!!!
excellent zombie movies -
Shaun of the Dead
Dawn of the Dead (both)
Zombieland
Return of the Living Dead
Night of the Living dead (original and 1990 remake - not the 3D garbage that came out a few years ago)
28 Days Later and 28 Weeks Later (some argue not a zombie movie because they weren't dead - just infected)
Evil Dead 2
Shaun of the Dead



.......................----Moderator Note--Please Heed----
Please stay OT - The Social Lounge is the appropriate place for discourse on movies and such.
 

AFPVet

Regular Member
Joined
Dec 28, 2010
Messages
105
Location
Indiana
Maybe in Indiana, In Michigan ordinances can be misdemeanors and are part of your criminal record.

You learn something new everyday lol. So in Michigan, they wrote a criminal state code regarding certain ordinances? Here in Indiana, we do not have a criminal code for ordinances.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
You learn something new everyday lol. So in Michigan, they wrote a criminal state code regarding certain ordinances? Here in Indiana, we do not have a criminal code for ordinances.

Many local ordinances are duplicates of state laws. Some reasons for this is local control and prosecution. If the county prosecutor won't bring charges (for a variety of reasons) then the local municipality can charge using their prosecuting attorney (generally a private law firm). Also the damages, etc. stay with the municipality.

For example knife laws. The state laws are very general, but local municipalities can even ban pocket knives. So you get arrested for a pen knife and the county won't prosecute, but the locals can and will, the charge can be a misdemeanor and would be on your record.
 

AFPVet

Regular Member
Joined
Dec 28, 2010
Messages
105
Location
Indiana
Many local ordinances are duplicates of state laws. Some reasons for this is local control and prosecution. If the county prosecutor won't bring charges (for a variety of reasons) then the local municipality can charge using their prosecuting attorney (generally a private law firm). Also the damages, etc. stay with the municipality.

For example knife laws. The state laws are very general, but local municipalities can even ban pocket knives. So you get arrested for a pen knife and the county won't prosecute, but the locals can and will, the charge can be a misdemeanor and would be on your record.

I see, thanks! That makes sense. So the municipality will actually charge using the state code; however, they can modify the state code so that it is more explicit?
 
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Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
I see, thanks! That makes sense. So the municipality will actually charge using the state code; however, they can modify the state code so that it is more explicit?
We they can also enact any ordinance they want, except those that are preemted by the state. I supposed they could enact a law that states no green shirts in public on Wednesday.

The can not enact felony ordinances. I believe they can only do civil infractions and misdemeanors up to 90 in jail and certain limits on fines. But I'm not sure on that.

It's really about local controls and being able to keep prosecutions "in house". Follow the money.
 

AFPVet

Regular Member
Joined
Dec 28, 2010
Messages
105
Location
Indiana
The can not enact felony ordinances. I believe they can only do civil infractions and misdemeanors up to 90 in jail and certain limits on fines. But I'm not sure on that.

Wow! I am glad we only impose civil penalties for ordinances in my state!
 

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
civil penalties are by preponderance, ie. 51%v.49% whereas misdemeanors are criminal, therefore they use the "beyond reasonable doubt" line of just-us. I would much rather be charged with a misdemeanor, you have a greater chance of it going your way.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
civil penalties are by preponderance, ie. 51%v.49% whereas misdemeanors are criminal, therefore they use the "beyond reasonable doubt" line of just-us. I would much rather be charged with a misdemeanor, you have a greater chance of it going your way.

Even in winning, there is that expense. The lesser charges of misdemeanors can still add up to thousands of dollars to defend. It is that "penalty" that some would seem to impose.
 

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
This is true. Even my issue would have cost just over 2,000 dollars to defend. Had I been charged with a misdemeanor though, there is no way I would have been found responsible. I was speaking from my own experiences here.

BTW, I really appreciate what you are doing for skidmark.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
The scales of justice are too often balanced in troy ounces.

My task has been the easiest - just pointing people in the right direction. The response has most gratifying - cross posting, emails, PMs and PayPal. Have no doubt as to the final outcome. It is just a question of when.

Thanks to John and Mike the vehicle was already in place to respond publicly and effectively. Can't imagine all of this coming together without OCDO.

At the risk of sounding too dramatic, this states very well how many of us feel:

No man is an island,
No man stands alone,
Each man's joy is joy to me,
Each man's grief is my own.


We need one another,
So I will defend,
Each man as my brother,
Each man as my friend.
 
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NHCGRPR45

Regular Member
Joined
May 30, 2010
Messages
1,131
Location
Chesterfield Township, MI
I am going out on a limb here but i thought that after the terrible way gun owners rights were trampled a Federal law was passed that said it would be illegal to confiscate guns during a civil emergency. It may have been something that only pertained to louisiana, but i am certain i heard about something like that. Pretty sure it was brought up by the NRA, not certain though.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
I am going out on a limb here but i thought that after the terrible way gun owners rights were trampled a Federal law was passed that said it would be illegal to confiscate guns during a civil emergency. It may have been something that only pertained to louisiana, but i am certain i heard about something like that. Pretty sure it was brought up by the NRA, not certain though.

H.R. 5441 [109th]: Department of Homeland Security Appropriations Act, 2007 Section 557 -
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to prohibit any U.S. officer or employee, or person operating under color of federal law, under control of a federal official, or providing services to such person, while acting in support of relief from a major disaster or emergency, from:
(1) seizing any firearm the possession of which is not prohibited under federal or state law, other than for forfeiture in compliance with federal law or as evidence in a criminal investigation;
(2) requiring registration of any firearm for which registration is not required by federal or state law;
(3) prohibiting possession of any firearm where such possession is not otherwise prohibited; or
(4) prohibiting the carrying of a firearm by any person otherwise authorized to carry firearms, solely because such person is operating under the control of a federal agency in support of relief from a major disaster or emergency.
Authorizes any individual aggrieved by a violation of this Act to seek relief by bringing an action for redress and by bringing a civil action in U.S. district court for return of a confiscated firearm.
 
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