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Thread: Questoin about "Civil Emergencies"

  1. #1
    Regular Member Tucker6900's Avatar
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    Questoin about "Civil Emergencies"

    I was just browsing Municode and found this under the Harper Woods section:

    Sec. 6-38. Issuance of proclamations.
    During a time of great public crisis, disaster, rioting, insurrection, rebellion, catastrophe or similar public emergency within the limits of the city or adjoining municipalities or reasonable apprehension of immediate danger thereof, when public safety is imperiled in the city, the mayor or in his absence or unavailability, the mayor pro tem, or in the absence or unavailability of both the mayor and the mayor pro tem, the acting mayor may proclaim a state of emergency in the city or any part thereof. In such proclamation, such officer may establish a curfew; restrict or prohibit the sale, transportation and use of alcoholic liquors; restrict or prohibit the possession, sale, carrying and use of firearms, other dangerous weapons and ammunition and the storage, use, sale and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety, and restrict or prevent the movement of vehicle and pedestrian traffic, including public and private transportation, on any or all streets, highways and alleyways within the city limits. The proclamation may also provide that the chief of police, or the senior command officer of the police department on duty in the absence of the chief of police, may require places of public amusement or assembly to close during such emergency. Such proclamations and amendments thereto shall be posted in three (3) public locations within the city.
    Is this legal for them to do? I thought I read somewhere on here that it wasnt, but if Im wrong, please correct me.

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    That part of the ordinance is INVALID per:

    123.1102 Regulation of pistols or other firearms.

    A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.

  3. #3
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    Guns Confiscated and Denied

    The Federal Government, not a local government, a gun ban was demonstrated by the hurricane Katrina incident, by FEMA. The link below describes such actions.

    http://www.nraila.org/Legislation/Fe...d.aspx?id=1771

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    I don't have the cite, but it is now specifically illegal for the .gov to confiscate firearms. Preemption law aside.

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    As stated, it's not lawful for the city to enact or enforce that ordinance per MCL 123.1102. I'm guessing the ordinance is older than 1990 (but it's still not valid).

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    That is correct.

    That is correct.

    wtf ? ^
    Last edited by stainless1911; 01-29-2011 at 03:46 PM.

  7. #7
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by stainless1911 View Post
    I don't have the cite, but it is now specifically illegal for the .gov to confiscate firearms. Preemption law aside.
    STATE
    EMERGENCY POWERS OF GOVERNOR (EXCERPT)
    Act 302 of 1945

    10.31 Proclamation of state of emergency; promulgation of orders, rules, and regulations; seizure of firearms, ammunition, or other weapons.
    Sec. 1.
    (1) 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. After making the proclamation or declaration, the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control. Those orders, rules, and regulations may include, but are not limited to, providing for the control of traffic, including public and private transportation, within the area or any section of the area; designation of specific zones within the area in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated; control of places of amusement and assembly and of persons on public streets and thoroughfares; establishment of a curfew; control of the sale, transportation, and use of alcoholic beverages and liquors; and control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety.
    (2) The orders, rules, and regulations promulgated under subsection (1) are effective from the date and in the manner prescribed in the orders, rules, and regulations and shall be made public as provided in the orders, rules, and regulations. The orders, rules, and regulations may be amended, modified, or rescinded, in the manner in which they were promulgated, from time to time by the governor during the pendency of the emergency, but shall cease to be in effect upon declaration by the governor that the emergency no longer exists.
    (3) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms, ammunition, or other weapons.


    FEDERAL


    ****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.

    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.

  8. #8
    Michigan Moderator Shadow Bear's Avatar
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    Great! We can take them to court, and by the time they get done weaseling around, you'll have antiques!

  9. #9
    Regular Member Tucker6900's Avatar
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    Thanks everyone. I had a feeling it was unenforceable.

    Quote Originally Posted by Venator View Post
    STATE
    EMERGENCY POWERS OF GOVERNOR (EXCERPT)
    Act 302 of 1945

    10.31 Proclamation of state of emergency; promulgation of orders, rules, and regulations; seizure of firearms, ammunition, or other weapons.
    Sec. 1.
    (1) 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. After making the proclamation or declaration, the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control. Those orders, rules, and regulations may include, but are not limited to, providing for the control of traffic, including public and private transportation, within the area or any section of the area; designation of specific zones within the area in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated; control of places of amusement and assembly and of persons on public streets and thoroughfares; establishment of a curfew; control of the sale, transportation, and use of alcoholic beverages and liquors; and control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety.
    (2) The orders, rules, and regulations promulgated under subsection (1) are effective from the date and in the manner prescribed in the orders, rules, and regulations and shall be made public as provided in the orders, rules, and regulations. The orders, rules, and regulations may be amended, modified, or rescinded, in the manner in which they were promulgated, from time to time by the governor during the pendency of the emergency, but shall cease to be in effect upon declaration by the governor that the emergency no longer exists.
    (3) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms, ammunition, or other weapons.


    FEDERAL


    ****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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