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Thread: Is GB city following state law?

  1. #1
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    Is GB city following state law?

    692.02 POSSESSION OF DANGEROUS WEAPONS.
    (a) It shall be unlawful for any person to be in possession of a knife with a blade more than three
    inches in length, any blackjack, slingshot, billy (club), metallic knuckles, karate sticks, nunchucks, throwing
    stars, bludgeon or any other dangerous or deadly weapon or instrument, in any of the streets, alleys, parks,
    boulevards, or other public property or schools in the City, or in any dance hall, theater, amusement park,
    liquor establishment, store or other private property generally frequented by the pubic for purposes of
    education, recreation, amusement, entertainment, sport, shopping or commerce.
    (b) The prohibition contained in this section shall not apply to any person in possession of any such
    weapon or instrument, when carried or used in good faith as a tool of honest work, trade, business, sport or
    recreation, when a person in possession of such weapon or instrument is actively engaged in going to or
    returning from such honest work, trade, business, sport or recreation, or is transporting such weapon or
    instrument directly to his or her residence or place of business immediately after purchase, or when licensed
    by the State of Michigan to carry such a concealed weapon, subject to any and all restrictions upon such

    just curious cause when they say "or any other dangerous weapon or instrument" makes me wonder if they are saying no open carry in public areas? especially with subsection b " when licensed by the state of Michigan to carry a concealed weapon.

  2. #2
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    preemption covers this, but is gb grand blanc or somewhere else?

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    sorry yes this is Grand Blanc

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    i had thought preemption covered this, but this is what i found today. is this something i should bring to their attention that needs to be repealed?

  5. #5
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    Absolutely. Keep us posted. I'm a couple miles from grand blanc.

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    "when carried or used in good faith as a tool of honest work, trade, business, sport or
    recreation"

    I am a poor broke working man. I am always willing to make a buck, some legally allowed to purchase a gun with a CPL guy wants to buy the firearm i am carrying for a good price, I am all for it, glad I can legally carry my handgun in Grand Blanc! On another similar note, I understand many criminals consider crime a sport, does that not make self defense a sport? Anyways, amazing how they cover so much except self defense.

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    open season on criminals? theres a productive sport

  8. #8
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    Doesn't mention firearms so I say it's a legal ordinance.

    http://www.legal-explanations.com/de...em-generis.htm
    Ejusdem Generis

    (eh-youse-dem generous) v adj. Latin for "of the same kind," used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed. Example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, "vehicles" would not include airplanes, since the list was of land-based transportation.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

  9. #9
    Regular Member autosurgeon's Avatar
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    I agree legal ordinance. I also think it is a useless stupid ordinance though.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  10. #10
    Regular Member Bikenut's Avatar
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    I would say that the original poster has the correct understanding of the wording of that ordinance allows licensed CC but attempts to make OC a violation because there is no license for OC...

    The "or any other dangerous or deadly weapon or instrument" makes this an illegal ordinance covered by preemption since firearms are, by definition, dangerous and deadly weapons.

    From:

    http://legal-dictionary.thefreedicti...ngerous+weapon

    dangerous weapon n. any gun, knife, sword, crossbow, slingshot or other weapon which can cause bodily harm to people (even though used for target shooting). If a person is harmed by such a weapon that is left unguarded, improperly used, or causes harm even to a person who plays with it without permission, the victim or his/her survivors can sue for negligence and possibly win a judgment.

    and from the same source:

    deadly weapon n. any weapon which can kill. This includes not only weapons which are intended to do harm like a gun or knife, but also blunt instruments like clubs, baseball bats, monkey wrenches, an automobile or any object which actually causes death. This becomes important when trying to prove criminal charges brought for assault with a deadly weapon. In a few 1990s cases courts have found rocks and even penises of AIDS sufferers as "deadly weapons."
    Last edited by Bikenut; 02-15-2011 at 12:56 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.

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    i think i will stop into city hall and see if they can give me an explanation without giving me the run around

  12. #12
    Regular Member TheQ's Avatar
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    Quote Originally Posted by tweeder View Post
    i think i will stop into city hall and see if they can give me an explanation without giving me the run around
    Don't forget to carry when you do -- unless City Hall is inside of a Court building that is posted, of course.
    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.

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