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

GlockIt

Regular Member
Joined
Feb 10, 2012
Messages
45
Location
Warren, 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?
 

xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
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.
 

WARCHILD

Regular Member
Joined
Feb 18, 2008
Messages
1,768
Location
Corunna, Michigan, USA
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.
 

Waterborne

Regular Member
Joined
Sep 16, 2010
Messages
17
Location
Rochester, MI
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?

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.
 
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xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
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.
 

Waterborne

Regular Member
Joined
Sep 16, 2010
Messages
17
Location
Rochester, MI
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.
 

GlockIt

Regular Member
Joined
Feb 10, 2012
Messages
45
Location
Warren, Michigan
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.
 

xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
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.
 

GlockIt

Regular Member
Joined
Feb 10, 2012
Messages
45
Location
Warren, Michigan
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.
 

xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
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.
 

Yance

Regular Member
Joined
Sep 15, 2011
Messages
568
Location
Battle Creek, MI
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.
 

GlockIt

Regular Member
Joined
Feb 10, 2012
Messages
45
Location
Warren, Michigan
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.
 

xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
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.
 

GlockIt

Regular Member
Joined
Feb 10, 2012
Messages
45
Location
Warren, Michigan
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.
 
B

Bikenut

Guest
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.
 
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