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City of Plainwel ordinances, Allegan County

Bearhawk

Bearhawk

Regular Member
Joined
Aug 15, 2010
Messages
41
Location
Gun Plain Twp, MI (gotta love that name)
Looking over the City of Plainwell's ordinances there are several that violate RKBA. Their ordinances are located http://www.plainwell.org/pdfs/Plainwell%20Master%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?
 
PDinDetroit

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
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"???
Sec. 22-18. GENERAL PROVISIONS. said:
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.
Click to expand...
 
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