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Thread: Fowlerville reviewing open-carry prohibition

  1. #1
    Regular Member detroit_fan's Avatar
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    Fowlerville reviewing open-carry prohibition

    snip

    Officials in Fowlerville are reviewing an ordinance that currently bans the possession of weapons in public places after a complaint from a national pro-gun group, according to Village President Pro Tem Dennis Kuehn.

    Kuehn said language in the ordinance is being reviewed by Village Attorney David Stoker. Kuehn added state law does not prohibit the open possession of firearms, only the discharge of those weapons.

    Some communities, such as Fowlerville, have ordinances that do prohibit open carrying. The pro-gun group says Fowlerville's ordinance is not in compliance with state law, according to Kuehn.

    snip

    http://www.livingstondaily.com/artic...ry+prohibition

  2. #2
    Regular Member TheQ's Avatar
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    Hopefully Lansing will take us seriously after next Monday and do the same...
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  3. #3
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by detroit_fan View Post
    snip

    Officials in Fowlerville are reviewing an ordinance that currently bans the possession of weapons in public places after a complaint from a national pro-gun group, according to Village President Pro Tem Dennis Kuehn.

    Kuehn said language in the ordinance is being reviewed by Village Attorney David Stoker. Kuehn added state law does not prohibit the open possession of firearms, only the discharge of those weapons.

    Some communities, such as Fowlerville, have ordinances that do prohibit open carrying. The pro-gun group says Fowlerville's ordinance is not in compliance with state law, according to Kuehn.

    snip

    http://www.livingstondaily.com/artic...ry+prohibition
    Which national pro-gun group was it??
    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.

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    Regular Member detroit_fan's Avatar
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    Quote Originally Posted by Venator View Post
    Which national pro-gun group was it??
    I have no idea, I was just searching google for news articles on OC bills in OK, FL, TX, AR, & SC and this came up.

  5. #5
    Activist Member hamaneggs's Avatar
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    Cool

    What prohibition? THERE AINT NO STINKING PROHIBITION!
    Today JESUS would tell me to sell my coat and buy two Springfield XD Compact 45acp's!

    NRA LIFER,GOA,MOC Inc.,CLSD,MCRGO,UAW! MOLON LABE!!

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    Preemption?

    Hello All,

    Has the legistlature enacted a preemption law for firearms in Michigan?

    Most states have banned local political subdivisions from messing with gun law.

    Believe it or not, Kalifornia has a preemption law!

    markm

  7. #7
    Regular Member detroit_fan's Avatar
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    Quote Originally Posted by MarkBofRAdvocate View Post
    Hello All,

    Has the legistlature enacted a preemption law for firearms in Michigan?

    Most states have banned local political subdivisions from messing with gun law.

    Believe it or not, Kalifornia has a preemption law!

    markm
    yes we have preemption, passed in 1990, and as far as i know fowlerville is not enforcing this, it just takes time and lots of effort to get all the old ordinances off the books.

  8. #8
    Regular Member Tucker6900's Avatar
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    Quote Originally Posted by Venator View Post
    Which national pro-gun group was it??
    As a previous resident, I have been hounding fowlerville for at least 4 years to get that changed. I sent them another email about 3 weeks ago, and finally got a response. Nothing in my email said I represented anyone, so maybe someone else was able to get them to comply. Here is what I sent them.

    To whom it may concern,
    I am writing in regards to the ordiance in the subject line above. For reference, please read it below:

    City of Fowlerville
    Sec. 54-161. - Discharge, possession in public place.

    It shall be a violation for any person to discharge any firearm, gun, rifle, pistol, cannon, air rifle, pellet gun, BB gun, or slingshot in the village, except at established ranges approved by the chief of police, or have any such firearm, gun, rifle, pistol, cannon, air rifle, pellet gun, BB gun, or slingshot in his possession in any public place of the village unless such is securely wrapped or encased.

    As you may or may not know, Open Carry and concealed carry of a firearm is legal in the state of michigan. The village cannot, under michigan law, prevent the concealed or open carry of firearms anywhere in the city, including parks.

    Michigan law MCL 123.1101 and 123.1102:
    123.1101 Definitions.
    Sec. 1.

    As used in this act:
    (a) "Local unit of government" means a city, village, township, or county.
    (b) "Pistol" means that term as defined in section 222 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.222 of the Michigan Compiled Laws.

    123.1102 Regulation of pistols or other firearms.
    Sec. 2.
    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.

    I suggest that the village review their illegal ordinance, and get it changed. Even if Fowlerville does not "enforce" these ordinances, the general public may see them and therefore not excersize their right to keep and bear arms. This is called "passive enforcement". To avoid costly civil lawsuits, illegal detainment of citizens, I would advise that this be amended to comply with Michigan Law within 90 days.

    Please take the time to investigate this issue for yourself.

    Thank you for your time.
    And here is their response

    I am responding to your email regarding village ordinance Sec. 54-161. I have forwarded your email to the village attorney. He is reviewing your comments and the appropriate state statute. I expect to receive an answer next week. I will update you then.

    Sincerely,

    Joseph Merucci
    Last edited by Tucker6900; 02-04-2011 at 02:19 PM.

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    Michigan ACT 319 of 1990 is CLEAR in that Fowlerville is Preempted under Michigan Law.

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    Regular Member oldbanger's Avatar
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    Fowlerville Police Chief Tom Couling on Thursday said officers will not approach anyone in the community for simply carrying a gun after the Fowlerville Village Council this month approved a change in the weapons section of the community's ordinances.

    http://www.livingstondaily.com/artic...-carry-of-guns
    Last edited by oldbanger; 02-25-2011 at 03:52 PM.

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    Tune in to Channel 7 WXYZ news tonight at 11:00pm. They are doing a news story on this ordinance change. A member of MOC will be interviewed.

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    Regular Member Tucker6900's Avatar
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    Quote Originally Posted by oldbanger View Post
    fowlerville police chief tom couling on thursday said officers will not approach anyone in the community for simply carrying a gun after the fowlerville village council this month approved a change in the weapons section of the community's ordinances.

    http://www.livingstondaily.com/artic...-carry-of-guns
    Nice!!

    Fine job Mr. Jeffs!! Fine Job!
    Last edited by Tucker6900; 02-25-2011 at 08:15 PM.

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    Regular Member Bikenut's Avatar
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    I am annoyed and about to go off on a rant.......

    Why is it that when a municipality changes it's ordinance to comply with State law (another way... the truthful way... to say that is the municipality got caught violating the law like any other common lawbreaker and was forced to obey the law) the media says that the municipality now "allows" people to carry guns.

    It's as if, in it's magnamousness, the municipality has graciously "allowed" we the people to actually exercise what is a natural right... but a right does NOT need permission from a lawbreaking municipality to be "allowed".

    I would like to see it reported plain and simple for what it is..... the municipality has been required to stop violating the law.

    The really sad thing is the amazing amount of people out there who actually think that they must always ask permission for everything from government. And what is disgusting is that those folks never question why government is "allowed" to have that much authority and power over "we the people".

    Heartfelt congratulations to all those who have been successful in getting municipalities to comply with State Law. And to those who are still working on illegal ordinances... please do not give up because while it might seem to be a small thing it is really the very big thing of requiring government, even local, to obey the law just the same as "we the people" have to.
    Last edited by Bikenut; 02-25-2011 at 08:53 PM.
    Gun control isn't about the gun at all.... for those who want gun control it is all about their own fragile egos, their own lack of self esteem, their own inner fears, and most importantly... their own desire to dominate others. And an openly carried gun is a slap in the face to all of those things.

  14. #14
    Regular Member kryptonian's Avatar
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    my parents live in fowlerville. i OC in walmart there and the hardware store (MOC sticker in front window) without problems. was going to ask a bunch of questions but looks like it got taken care of. nice job guys. thanks. seeing my parents sunday. i KNOW they will bring it up. they don't know i OC. maybe i should come out of the OC closet.

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    Regular Member TheQ's Avatar
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    WXYZ Channel 7 in Detroit will have a story on Fowlerville OC tonight at 11.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  16. #16
    Regular Member Generaldet's Avatar
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    Nice job! Good interview and good to hear positive comments from people.

  17. #17
    Regular Member Onnie's Avatar
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    Very Pro OC News Report, nice Job to The Q and his fiancee and to channel 7 for a very good report!
    When Guns are OUTLAWED, Ill be an OUTLAW
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  18. #18
    Regular Member Golden Eagle's Avatar
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    Quote Originally Posted by Bikenut View Post
    I am annoyed and about to go off on a rant.......

    Why is it that when a municipality changes it's ordinance to comply with State law (another way... the truthful way... to say that is the municipality got caught violating the law like any other common lawbreaker and was forced to obey the law) the media says that the municipality now "allows" people to carry guns.

    It's as if, in it's magnamousness, the municipality has graciously "allowed" we the people to actually exercise what is a natural right... but a right does NOT need permission from a lawbreaking municipality to be "allowed".

    I would like to see it reported plain and simple for what it is..... the municipality has been required to stop violating the law.

    The really sad thing is the amazing amount of people out there who actually think that they must always ask permission for everything from government. And what is disgusting is that those folks never question why government is "allowed" to have that much authority and power over "we the people".

    Heartfelt congratulations to all those who have been successful in getting municipalities to comply with State Law. And to those who are still working on illegal ordinances... please do not give up because while it might seem to be a small thing it is really the very big thing of requiring government, even local, to obey the law just the same as "we the people" have to.
    Hear hear!
    The news media plays politics more than the politicians do.

  19. #19
    Regular Member TheQ's Avatar
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    I did give her an MOC Tri-fold while we were there. The Interview was over-all positive. They PFZ information at the end wasn't all complete (they forgot the CPL PFZ Exemption for OC).

    Danny's Pizza in Fowlerville was great. I brought up the possibility of having an gathering of 10 or 20 gun toters in his resturant at one time for a friendly dinner. To that, the owner said they would greatly appreciate the business. The pizza buffet was good and the price was very reasonable at $5 + change for a dinner buffet.
    Last edited by TheQ; 02-26-2011 at 03:12 AM.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  20. #20
    Michigan Moderator Big Gay Al's Avatar
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    Quote Originally Posted by TheQ View Post


    I did give her an MOC Tri-fold while we were there. The Interview was over-all positive. They PFZ information at the end wasn't all complete (they forgot the CPL PFZ Exemption for OC).

    Danny's Pizza in Fowlerville was great. I brought up the possibility of having an gathering of 10 or 20 gun toters in his resturant at one time for a friendly dinner. To that, the owner said they would greatly appreciate the business. The pizza buffet was good and the price was very reasonable at $5 + change for a dinner buffet.
    The place I work at in Fowlerville, orders from there all the time. Their pizza is good, in my humble opinion.
    Big Gay Al
    Coordinator, Michigan Pink Pistols
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  21. #21
    Regular Member detroit_fan's Avatar
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    Great interview!

  22. #22
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    Quote Originally Posted by Bikenut View Post
    I am annoyed and about to go off on a rant.......

    Why is it that when a municipality changes it's ordinance to comply with State law (another way... the truthful way... to say that is the municipality got caught violating the law like any other common lawbreaker and was forced to obey the law) the media says that the municipality now "allows" people to carry guns.

    It's as if, in it's magnamousness, the municipality has graciously "allowed" we the people to actually exercise what is a natural right... but a right does NOT need permission from a lawbreaking municipality to be "allowed".

    I would like to see it reported plain and simple for what it is..... the municipality has been required to stop violating the law.

    The really sad thing is the amazing amount of people out there who actually think that they must always ask permission for everything from government. And what is disgusting is that those folks never question why government is "allowed" to have that much authority and power over "we the people".

    Heartfelt congratulations to all those who have been successful in getting municipalities to comply with State Law. And to those who are still working on illegal ordinances... please do not give up because while it might seem to be a small thing it is really the very big thing of requiring government, even local, to obey the law just the same as "we the people" have to.
    I await your next "rant". You really have a gift, thank you for all you do.
    PS. "magnamousness" I almost lost it on that one LOL.springerdave.

  23. #23
    Regular Member Bikenut's Avatar
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    Quote Originally Posted by springerdave View Post
    I await your next "rant". You really have a gift, thank you for all you do.
    PS. "magnamousness" I almost lost it on that one LOL.springerdave.
    Awwwwwwww..... shucky durn... twern't nuttin....
    Gun control isn't about the gun at all.... for those who want gun control it is all about their own fragile egos, their own lack of self esteem, their own inner fears, and most importantly... their own desire to dominate others. And an openly carried gun is a slap in the face to all of those things.

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