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Thread: Preemption Violation for Clare City Michigan

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    Preemption Violation for Clare City Michigan

    Clare City Code 30-74(a)(1) is Preempted by Michigan Codified Law 123.1102.

    Please Contact The Clare City Manager at: (989) 386-7541, Extension No.: 102.

    Please Contact The Clare City Parks Director at: (989) 386-7541, via: Cathy at Extension No.: 102.

  2. #2
    Regular Member TheQ's Avatar
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    Have you contacted them yourself yet?
    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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    Regular Member autosurgeon's Avatar
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    More details IE what ordinances and so forth.
    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."

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    Regular Member eastmeyers's Avatar
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    Quote Originally Posted by aadvark View Post
    Clare City Code 30-74(a)(1) is Preempted by Michigan Codified Law 123.1102.

    Please Contact The Clare City Manager at: (989) 386-7541, Extension No.: 102.

    Please Contact The Clare City Parks Director at: (989) 386-7541, via: Cathy at Extension No.: 102.
    Whats it say?
    "Bam, I like saying bam when I cite something, in fact I think I shall do this from here on out, as long as I remember.
    Bam!" - eastmeyers

    "Then said he to them, But now he that hath a purse, let him take it, and likewise his sack: and he that hath no sword, let him sell his garment, and buy one."
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    Sec. 30-74. - Firearms, hunting, trapping, fishing and fireworks.

    (a)

    It shall be unlawful to do any of the following acts upon city park lands:

    (1)

    Firearms and bows. Carry or possess a firearm or bow on any park lands, unless totally unloaded, disassembled and locked in a trunk or stored out of reach in accordance with state guidelines in section 227d of Public Act No. 328 of 1931 (MCL 750.227d).

    (2)

    Hunting and trapping. Hunt or trap any wildlife within a park boundary without proper written permission of the city.

    (3)

    Fireworks. Ignite an explosive powder or fireworks within park boundaries without proper written permission.

    (b)

    All state and federal laws pertaining to the hunting of game and nongame animals, and fishing will be enforced within the city park lands and adjacent waters.

  6. #6
    Regular Member autosurgeon's Avatar
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    Only one item in there they cannot regulate and that is firearms. The rest is all legal.
    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."

  7. #7
    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by jm62383 View Post
    Sec. 30-74. - Firearms, hunting, trapping, fishing and fireworks.

    (a)

    It shall be unlawful to do any of the following acts upon city park lands:

    (1)

    Firearms and bows. Carry or possess a firearm or bow on any park lands, unless totally unloaded, disassembled and locked in a trunk or stored out of reach in accordance with state guidelines in section 227d of Public Act No. 328 of 1931 (MCL 750.227d).

    (2)

    Hunting and trapping. Hunt or trap any wildlife within a park boundary without proper written permission of the city.

    (3)

    Fireworks. Ignite an explosive powder or fireworks within park boundaries without proper written permission.

    (b)

    All state and federal laws pertaining to the hunting of game and nongame animals, and fishing will be enforced within the city park lands and adjacent waters.
    The bolded items above are directly in conflict with MCL 123.1102.

  8. #8
    Regular Member eastmeyers's Avatar
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    Okay, who lives near Clare City? Who can simply go to a city council meeting and and show them the errors of their ways?

    If I had transportation I would love to, especially if it were anytime near the figure 8 races!
    "Bam, I like saying bam when I cite something, in fact I think I shall do this from here on out, as long as I remember.
    Bam!" - eastmeyers

    "Then said he to them, But now he that hath a purse, let him take it, and likewise his sack: and he that hath no sword, let him sell his garment, and buy one."
    Luke 22:36
    God Bless

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    TheQ:

    I Called Clare City, and They GRUDGINGLY Acknowledged that Their Ordinance was Preempted by Michigan Code 123.1102.

    They said They will Enforce The Ordinance..., until; Michigan Code 123.1102 came up?, at which Point They Indicated that They would Cease Enforcement of The Ordinance.

    aadvark
    Last edited by aadvark; 06-08-2011 at 01:16 PM.

  10. #10
    Regular Member TheQ's Avatar
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    Quote Originally Posted by aadvark View Post
    TheQ:

    I Called Clare City, and They GRUDGINGLY Acknowledged that Their Ordinance was Preempted by Michigan Code 123.1102.

    They said They will Enforce The Ordinance..., until; Michigan Code 123.1102 came up?, at which Point They Indicated that They would Cease Enforcement of The Ordinance.

    aadvark
    Wait. So you called them and asked them if they were enforcing it an they said yes.

    THEN you mentioned MCL 123.1102 and they said they'd stop?!?!

    What a bunch of hog wash!
    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.

  11. #11
    Regular Member Bronson's Avatar
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    I took it to mean that they would continue to enforce it until somebody brought up 123.1102 as a defense then they would stop. Most likely they'll just drop that particular case and continue to enforce their illegal ordinance on others not as well versed in the law.

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

  12. #12
    Regular Member TheQ's Avatar
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    Quote Originally Posted by Bronson View Post
    I took it to mean that they would continue to enforce it until somebody brought up 123.1102 as a defense then they would stop. Most likely they'll just drop that particular case and continue to enforce their illegal ordinance on others not as well versed in the law.

    Bronson
    Sounds like we need to find someone to OC and act dumb, don't bring up preemption -- get the ticket.

    THEN:

    1. Get it dismissed in court
    2. Get a signed affidavit from aadvark summarizing his conversation with the city officials.
    3. File an IA complaint against the officer that wrote the ticket.
    4. File a complaint, with the affidavit against the city and the department with the Michigan Attorney General for unlawful policies/practices.
    5. Sit back and eat popcorn.
    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.

  13. #13
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    TheQ:

    Yeah..., They were Grudging about it..., but They Acknowledged The Illegality of Thier Ordinance in Accordance with The Terms of Michigan Preemption Statute 123.1102.

    aadvark

  14. #14
    Campaign Veteran smellslikemichigan's Avatar
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    have they agreed to remove the ordinance?
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

  15. #15
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    smellslikemichigan:

    I Asked Them to do so..., but, there was a Long Pause in which They gave No Answer.

    aadvark

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    Regular Member dreamer669's Avatar
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    Clare co parks

    I will oc there

  17. #17
    Regular Member eastmeyers's Avatar
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    Quote Originally Posted by dreamer669 View Post
    I will be the one to do it,
    Sounds good, coordinate with the OP (original poster).

    OCDO's slogan should be, "OCDO, Forum Members, Gettin S**T Done!"
    "Bam, I like saying bam when I cite something, in fact I think I shall do this from here on out, as long as I remember.
    Bam!" - eastmeyers

    "Then said he to them, But now he that hath a purse, let him take it, and likewise his sack: and he that hath no sword, let him sell his garment, and buy one."
    Luke 22:36
    God Bless

  18. #18
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    Quote Originally Posted by aadvark View Post
    TheQ:

    I Called Clare City, and They GRUDGINGLY Acknowledged that Their Ordinance was Preempted by Michigan Code 123.1102.

    They said They will Enforce The Ordinance..., until; Michigan Code 123.1102 came up?, at which Point They Indicated that They would Cease Enforcement of The Ordinance.

    aadvark
    I take that as meaning they will enforce everything that is not preempted (bows, fishing ,etc...).

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