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Thread: Anyone have a list of local ordinance that ban oc in michigan

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    Regular Member GlockIt's Avatar
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    Anyone have a list of local ordinance that ban oc in michigan

    In reading michigan state law on open carry, there is a portion that says there may be local ordinances that ban open carry. I was wondering if anyone has a list or knows what cities have this ban?

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    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by GlockIt View Post
    In reading michigan state law on open carry, there is a portion that says there may be local ordinances that ban open carry. I was wondering if anyone has a list or knows what cities have this ban?
    Localities are prohibited from doing so. Really the only power they have is putting in regulations for the discharge of a firearm. They can also restrict their own employee's carry while working.

    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.

    123.1103 Permissible prohibitions or regulation.
    Sec. 3. This act does not prohibit a local unit of government from doing either of the following:
    (a) Prohibiting or regulating conduct with a pistol or other firearm that is a criminal offense under state law.
    (b) Prohibiting or regulating the transportation, carrying, or possession of pistols and other firearms by employees of that local unit of government in the course of their employment with that local unit of government.

    123.1104 Prohibiting discharge of pistol or other firearm.
    Sec. 4. This act does not prohibit a city or a charter township from prohibiting the discharge of a pistol or other firearm within the jurisdiction of that city or charter township.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Regular Member WARCHILD's Avatar
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    Preemption law of 1990 prevents locals from banning carry...cite below.

    Firearms Pre-emption Law

    FIREARMS AND AMMUNITION
    Act 319 of 1990
    AN ACT to prohibit local units of government from imposing certain restrictions on 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.
    History: 1990, Act 319, Eff. Mar. 28, 1991.
    The People of the State of Michigan enact:

    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.
    History: 1990, Act 319, Eff. Mar. 28, 1991.

    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.
    History: 1990, Act 319, Eff. Mar. 28, 1991.

    123.1103 Permissible prohibitions or regulation.
    Sec. 3. This act does not prohibit a local unit of government from doing either of the following:
    (a) Prohibiting or regulating conduct with a pistol or other firearm that is a criminal offense under state law.
    (b) Prohibiting or regulating the transportation, carrying, or possession of pistols and other firearms by employees of that
    local unit of government in the course of their employment with that local unit of government.
    History: 1990, Act 319, Eff. Mar. 28, 1991.

    123.1104 Prohibiting discharge of pistol or other firearm.
    Sec. 4. This act does not prohibit a city or a charter township from prohibiting the discharge of a pistol or other firearm within the jurisdiction of that city or charter township.
    History: 1990, Act 319, Eff. Mar. 28, 1991.

    123.1105 Conditional effective date.
    Sec. 5. This act shall not take effect unless all of the following bills of the 85th Legislature are enacted into law:
    (a) House Bill No. 6009.
    (b) House Bill No. 6010.
    History: 1990, Act 319, Eff. Mar. 28, 1991.
    Compiler’s note: House Bill No. 6009, referred to in this section, was filed with the Secretary of State December 20, 1990, and became P.A. 1990, No.
    320, Eff. Mar. 28, 1991.
    House Bill No. 6010, also referred to in this section, was filed with the Secretary of State December 20, 1990, and became P.A. 1990, No. 321, Eff. Mar.
    28, 1991.

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    Regular Member Waterborne's Avatar
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    Quote Originally Posted by GlockIt View Post
    In reading michigan state law on open carry, there is a portion that says there may be local ordinances that ban open carry.
    Cite please?

    Quote Originally Posted by GlockIt View Post
    I was wondering if anyone has a list or knows what cities have this ban?
    Local ordinances pertaining to carrying firearms are preempted by MCL123.1102.

    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.

    History: 1990, Act 319, Eff. Mar. 28, 1991



    All of that said, I know there are many members here and from Michigan Open Carry that have worked to educate local units of government and to remove ordinances that are covered under MCL123.1102. I don't know that there are many left. You can search through MuniCode though to see if a specific municipality has an ordinance published.
    Last edited by Waterborne; 02-10-2012 at 03:13 PM.

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    Regular Member GlockIt's Avatar
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    The MSP law says an ordinance can ban carrying a weapon if specificaly authorized by state law.

    Hows that work?

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    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by GlockIt View Post
    The MSP law says an ordinance can ban carrying a weapon if specificaly authorized by state law.

    Hows that work?
    Could you provide cite to what you are referring to? It could be them referring to a city having an ordinance against someone unlawfully carrying but until you show what you're talking about I cannot say for sure.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Regular Member Waterborne's Avatar
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    Quote Originally Posted by GlockIt View Post
    The MSP law says an ordinance can ban carrying a weapon if specificaly authorized by state law.

    Hows that work?
    Please provide a link or some sort of reference to where you're seeing this. We really do want to help but we need to see what it is you are referring to and its context before we can provide useful assistance.

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    Regular Member GlockIt's Avatar
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    It was in a revised pdf for nov 2004 i believe. im having trouble finding it again.

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    Regular Member Waterborne's Avatar
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    Here is an MSP legal update from 10-26-2010 that covers firearms pretty well. Try going over this and then let us know if that clears it up a bit.

    http://www.michigan.gov/documents/ms...2_336854_7.pdf

    Please do post any questions or concerns you have, we are more than happy to help you out. I remember it being a lot of info to take in when I first got into OC.

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    Regular Member GlockIt's Avatar
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    Thanks for the update. The MSP makes it a bit confusing to understand their literature.
    Id rather look at my ugly Glock than shoot your fancy S&W.

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    Regular Member GlockIt's Avatar
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    I want to exercise my right to oc, but with all the arrest of people doing so kinda pushes me away. I cant afford a ton of money for a bunch of legal mumbo jumbo because some officer wants to give me a hard time.
    Id rather look at my ugly Glock than shoot your fancy S&W.

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    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by GlockIt View Post
    Thanks for the update. The MSP makes it a bit confusing to understand their literature.
    It's more the fact Michigan's laws are confusing. I think MSP does a great job. You'll pick it up as you go along we find there is a bit of a learning curve.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Regular Member detroit_fan's Avatar
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    Quote Originally Posted by GlockIt View Post
    I want to exercise my right to oc, but with all the arrest of people doing so kinda pushes me away. I cant afford a ton of money for a bunch of legal mumbo jumbo because some officer wants to give me a hard time.
    what arrests?

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    Regular Member GlockIt's Avatar
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    Quote Originally Posted by detroit_fan View Post
    what arrests?
    All the people who get bullied by the local cops. Im sure police are getting better training now on how to handle calls for a person whos ocing, but a few years back cops were making lots of false arrest and getting them selfs ans the city they work for sued.
    Id rather look at my ugly Glock than shoot your fancy S&W.

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    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by GlockIt View Post
    All the people who get bullied by the local cops. Im sure police are getting better training now on how to handle calls for a person whos ocing, but a few years back cops were making lots of false arrest and getting them selfs ans the city they work for sued.
    We've found that the leo interactions are fairley rare now and even when there are they are not making arrests. But if you're that worried about it I'd suggest CC with a CPL.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    If you do OC the only problem you might encounter is someone asking "are you a cop" or "is that real" I've been OCing now for a solid 5 months and havent had a single issue with LEO. I had a MWAG call on me once, but dispatch took care of it and didnt even send a car to investigate. I only know this because dispatch called panera to report they had a MWAG call and wanted to see if everything was kosher, my friend was the manager and he told me about the call.
    The worst weapon is the human mind, its created and done things far worse than a gun can, has, or ever will. Its the human mind that tells the gun what to do and animates the inanimate object.

    With all these gun control laws in place I have yet to find a single one that has saved someones life, but I can find hundreds of stories where a gun has.

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    Regular Member GlockIt's Avatar
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    Quote Originally Posted by Yance View Post
    If you do OC the only problem you might encounter is someone asking "are you a cop" or "is that real" I've been OCing now for a solid 5 months and havent had a single issue with LEO. I had a MWAG call on me once, but dispatch took care of it and didnt even send a car to investigate. I only know this because dispatch called panera to report they had a MWAG call and wanted to see if everything was kosher, my friend was the manager and he told me about the call.
    What area of michigan do oc in.
    Id rather look at my ugly Glock than shoot your fancy S&W.

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    Regular Member xmanhockey7's Avatar
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    Yance OCs mostly in the Battle Creek area and some of the Kalamazoo area (I think let him answer that for you to be sure). I mostly OC in the Kzoo area and haven't really had any issues outside of being at the Portage Police Station but that's another story.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Regular Member GlockIt's Avatar
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    Quote Originally Posted by xmanhockey7 View Post
    Yance OCs mostly in the Battle Creek area and some of the Kalamazoo area (I think let him answer that for you to be sure). I mostly OC in the Kzoo area and haven't really had any issues outside of being at the Portage Police Station but that's another story.
    Im from the eastside of the state, id mainly be ocing in the subburbs just north of eight mile road.

    The officers in these cites that border Detroit are very finicky and love to bug anyone for anything they can.
    Id rather look at my ugly Glock than shoot your fancy S&W.

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    Regular Member Bikenut's Avatar
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    As had been said .. MCL 123.1102 prohibits municipalities from enacting any firearm related ordinances more strict than existing State law.....

    There has been a great deal of work done by MOC (wish I knew of more pro gun organizations in Michigan that also do this), it's members, and others (I'm an "other"), to require, yes require, municipal councils to change their illegal ordinances that ban guns. Most of the time those folks OC while attending those meetings..... and many council members not only are reluctant to listen but are obviously insulted that mere mortals would dare exercise their right to bear arms to their meeting in their own little fiefdom. But when those who OC at the meeting demand (politely but firmly with printed references to actual law) those council members actually obey the law just like anyone else the outrage is palpable.

    But they end up changing those ordinances to comply with State law in the end anyway as long as folks keep going to the meetings and refuse to just go away.

    Oddly enough occasionally the most vocal resistance doesn't come from a member of the council but comes from someone else attending the meeting who will state they have a CC permit and don't think guns should be allowed -->insert park, municipal building, whatever, here<-- and certainly not openly carried right here in the meeting by gosh!

    I know of one township where some folks informed a local council that they refused to attend any more meetings until that $%^&*ing idiot OC'ing a gun quits coming to the meetings. And then that council tried to say that those folk's right to attend meetings was being restricted by OC.

    That didn't work either and the ordinance was changed anyway and the talk about enacting a new ordinance banning guns from the municipal building stopped too.

    Anyway, if you would like to check for city, town, county, township, ordinances that might restrict guns you will need to do a 'net search for something like:

    >--name of city or town etc<-- code of ordinances

    And then you get to search those ordinances for anything that mentions weapons/firearms.
    Last edited by Bikenut; 02-10-2012 at 06:57 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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    jail

    how is it jails can ban guns.. i often vist my friend thats in the hvcc and i have to leave my gun in the car..

    Now truely i have no problem with this but, i wanted to know if there was a law saying that i have to disarm

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    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by GlockIt View Post
    The MSP law says an ordinance can ban carrying a weapon if specificaly authorized by state law.

    Hows that work?
    Yes they did and in the next update they corrected their mistake, this once again is why we don't ask police to explain the law. They sometimes are wrong.

    There was one arrest for OC in Grand Haven about 4 years ago. They tried to enforce their illegal ordinance. When it was explained to them, they dropped the charged and got sued. A settlement was reached. I'm not aware of any since then as the word has gotten out and most departments know OC is legal, thanks to MOC, Inc and other OC supporters.
    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 xmanhockey7's Avatar
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    Quote Originally Posted by rvd4now View Post
    how is it jails can ban guns.. i often vist my friend thats in the hvcc and i have to leave my gun in the car..

    Now truely i have no problem with this but, i wanted to know if there was a law saying that i have to disarm
    I could be wrong but I think this law would prevent you from doing it. http://www.legislature.mi.gov/(S(45n...me=mcl-800-283

    (3) Unless authorized by the chief administrator of the correctional facility, a weapon or other implement which may be used to injure a prisoner or other person, or in assisting a prisoner to escape from imprisonment, shall not be brought into or onto any correctional facility.
    It would seem to me based on this law it may be illegal to carry a gun even into the area which the general public is allowed. But IANAL and I could very well be wrong.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  24. #24
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by xmanhockey7 View Post
    I could be wrong but I think this law would prevent you from doing it. http://www.legislature.mi.gov/(S(45n...me=mcl-800-283



    It would seem to me based on this law it may be illegal to carry a gun even into the area which the general public is allowed. But IANAL and I could very well be wrong.
    Thats for a prison. But you can't bring a gun into the jail area of a local lock-up. You can have one in the public area of a county jail, unless it's attached to a court and they use that as an excuse to ban firearms from the entire complex.
    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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    i do understand why...

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