Fowlerville reviewing open-carry prohibition

detroit_fan said:

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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.

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http://www.livingstondaily.com/arti...+Fowlerville+reviewing+open-carry+prohibition

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Venator said:

Which national pro-gun group was it??

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MarkBofRAdvocate said:

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

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Venator said:

Which national pro-gun group was it??

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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.

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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

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oldbanger said:

fowlerville police chief tom couling on thursday said officers will not approach anyone in the community for simply carrying a gun :monkey after the fowlerville village council this month approved a change in the weapons section of the community's ordinances.

http://www.livingstondaily.com/article/20110225/news01/102250313/fowlerville-to-allow-open-carry-of-guns

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Bikenut said:

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.

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TheQ said:

[video=youtube;quUXnko3F_M]http://www.youtube.com/watch?v=quUXnko3F_M[/video]

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.

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