Tucker6900
Regular Member
Here is the city attorneys response to my email to them regarding their ordinance.
Mr. Clark:
Mayor Heartwell forwarded your message to me, and asked me to reply to your inquiry.
Thank you for your e-mail. You are not the first open carry advocate to raise this issue with the City of Grand Rapids and other Michigan communities which have similar local ordinance provisions. Please be assured that the City of Grand Rapids has no animosity to the rights of its citizens to legally carry and/or possess firearms.
You have objected to the following language contained in the City Code:
Sec. 9.173. Carrying.
No person shall carry any firearm upon his or her person in any public street, alley or other place open to the public in the City of Grand Rapids unless:
(1) The person has been issued a valid license to do so as provided by Act 372 of Michigan Public Acts of 1927, as amended (MCL 28.421 et seq.), or
(2) All ammunition has been removed from the chamber, cylinder, clip or magazine of the firearm and the firearm has been noticeably rendered inoperable by being broken down or disassembled or is completely enclosed within a case or other similar container.
Sec. 9.175. Exceptions.
The prohibitions in Sections 9.172, 9.173 and 9.174 hereof do not apply:
(1) To persons acting in the lawful defense of person, property or family.
(2) To police officers or other officers of the law in the lawful discharge of their duty.
(3) To authorized military parades by permission of the Director of Public Safety.
(4) To indoor enclosed firearm ranges so constructed as to prevent damage to property or injury or death to any person where such firearm ranges are otherwise lawful; provided, however, that the discharge of a bow and arrow is permitted upon unenclosed ranges where such ranges are constructed so as to prevent damage to property or injury or death to any person.
Your e-mail argues that City ordinance section 9.173, cited above is preempted by Michigan law, specifically that set forth at MCL 123.1102,
which I have also set forth below:
123.1102. Local government regulation of firearms and ammunition generally
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 do not believe that the City’s ordinance, by itself, is in violation of State law. If you look again at City Code Section 9.173, that local ordinance references persons who have been issued valid licenses pursuant to MCL 28.421 et seq. The Latin phrase et seq. means, roughly, “and the following” sections. Thus, the City Code is referencing several state law provisions, including but not limited to: (1) MCL 28.421a et seq., (which establishes a standardized system for the issuance of concealed pistol licenses), and also MCL 28.422 (which requires individuals to obtain pistol purchase licenses). Additional sections of State law regarding firearms are also referenced as well. These are simply examples.
Therefore, City Code section 9.173 does not prohibit a person who legally purchased a pistol through obtaining a pistol purchase permit, or a person with a valid CPL (who does not need a separate purchase permit in order to purchase another handgun) from carrying the firearm – openly or concealed – within the City limits. Both of those classes of individuals have been issued “a valid license to do so as provided by Act 372 of Michigan Public Acts of 1927, as amended (MCL 28.421 et seq.)”.
However, I would be remiss if I did not mention that it remains illegal to flourish and/or brandish a firearm, both in the City of Grand Rapids and indeed the entire State of Michigan, regardless of whether an individual is in lawful possession of that firearm. This is true under City Code (section 9.172), and also under Michigan law (MCL 750.234e).
City Code Sec. 9.172. Discharging or Flourishing.
No person shall discharge any firearm in the City of Grand Rapids, and no person shall draw, handle or flourish any firearm in any public street, alley or other place open to the public in the City of Grand Rapids.
State Law, MCL 750.234e. Knowingly brandishing firearm in public
Sec. 234e. (1) Except as provided in subsection (2), a person shall not knowingly brandish a firearm in public.
(2) Subsection (1) does not apply to any of the following:
(a) A peace officer lawfully performing his or her duties as a peace officer.
(b) A person lawfully engaged in hunting.
(c) A person lawfully engaged in target practice.
(d) A person lawfully engaged in the sale, purchase, repair, or transfer of that firearm.
(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.
Your e-mail references “the illegal detainment of law abiding citizens” who might choose to openly carry a firearm.
As the chief prosecuting attorney for all alleged violations of Grand Rapids City Code, I can tell you that I have clearly instructed my staff that the City shall not attempt to prosecute any individual for legally carrying a firearm within the City limits. This includes training and information for City staff, including police officers, on open carry rights in the State of Michigan. I do not believe it to be the case that any individuals are illegally detained in the City of Grand Rapids, with regard to openly carrying firearms.
I respect those individuals who lawfully possess and lawfully utilize firearms, particularly those individuals who have made the additional effort of obtaining a CPL permit. That is a time intensive and costly process, and I believe that the statistics readily show that very few CPL holders commit violations of law involving their licensed weapons.
Thank you for your interest in Grand Rapids City government.
If you have any further questions on this topic or any other, please feel free to contact me.
Sincerely,
Catherine M. Mish
City Attorney