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Thread: City of Plainwel ordinances, Allegan County

  1. #1
    Regular Member Bearhawk's Avatar
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    City of Plainwel ordinances, Allegan County

    Looking over the City of Plainwell's ordinances there are several that violate RKBA. Their ordinances are located http://www.plainwell.org/pdfs/Plainw...er%20Final.pdf

    Section 22-16 has some violations of MCL 123.1102 and I'm sure several others. Of particular interest to MOC is subsection C. "It shall be unlawful for any person to:... 'Possess, carry, expose, display, discharge, utilize or have any firearm or other dangerous weapon in any public place unless expressly permitted by law.'"

    As you know, open carry is a right and because there is no law that makes it illegal. Since open carry is not expressly permitted "by law" wouldn't this ordinance make open carry unlawful? Of course this is preempted but it does need addressed.

    The other subsections I'm sure are also illegal and preempted. Anyone want to look into their ordinances to see what else violates Michigan Law?
    "Fathom the hypocrisy of a government that requires every citizen to prove they are insured...
    but no one must prove they are a citizen! Ben Stein

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    Regular Member PDinDetroit's Avatar
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    You see this quite a bit "except as allowed by law" or something to that effect.

    All that follows is IMO and IANAL.

    22-16 C: Legal, but useless as MI Consitution Article I Section 6 and MI Firearm Preemption (MCL 123.1102) apply. An ordinance such as this only serves to confuse the general public unless they have completely researched ALL Applicable Laws and Know Their Rights. The Discharge part is already covered by 22-16 E, so even that is worthless.

    22-16 D: Not Legal. This ordinance does not align with MCL 750.227d, so MI Firearm Preemption (MCL 123.1102) applies.

    http://legislature.mi.gov/doc.aspx?mcl-750-227d

    22-16 E: Not Legal. MI Firearm Preemption (MCL 123.1102) applies to possession in a "public place".


    Does the following smack of "your papers please"???
    Quote Originally Posted by Sec. 22-18. GENERAL PROVISIONS.
    O. Repeatedly travel in a motor vehicle over one or more city streets with no destination or without stopping at any destination. For purposes of this subsection, if the vehicle passes the same place on a street three times within one hour, there shall be a presumption of such offensive conduct.

  3. #3
    Anti-Saldana Freedom Fighter Venator's Avatar
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    516 pages, my they have been a busy bunch of fascists.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  4. #4
    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by Venator View Post
    516 pages, my they have been a busy bunch of fascists.
    And Ven for the THREAD WIN!

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