City says No Open Carry - Page 2

City says No Open Carry

This is a discussion on City says No Open Carry within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Now, after the latest change in FL preemption law, that would open up the city to a very expensive lawsuit. NO CAN DO. The new ...

Page 2 of 4 FirstFirst 1234 LastLast
Results 16 to 30 of 47
Like Tree23Likes

Thread: City says No Open Carry

  1. #16
    VIP Member
    Array OldVet's Avatar
    Join Date
    Nov 2009
    Location
    S. Florida, north of the Miami mess, south of the Mouse trap
    Posts
    16,947
    Now, after the latest change in FL preemption law, that would open up the city to a very expensive lawsuit. NO CAN DO.

    The new state teeth:
    790.33-
    (b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.
    (c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
    jrclen likes this.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield


  2. #17
    Senior Member Array DMan's Avatar
    Join Date
    Jun 2006
    Location
    MT
    Posts
    1,012
    Quote Originally Posted by Harry25 View Post
    MCL 123.1102
    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.

    This has been affirmed in MCRGO v Ferndale. See the press release by MCRGO here: MCRGO wins Ferndale Lawsuit!

    You are clear to open, concealed, IWB, OWB, or however else you see fit.
    Since it has been tried in in case law, then indeed the city will be in violation. I am discovering once again that laws can be interpreted many ways, and if it isn't clearly and explicitly spelled out in the law, they can be taken (twisted) in many different way's. It all depends on the stance of the AG and prosecutors as to what is allowed and not allowed, and how the decide to interpret it. The "spirit" of the law means nothing if the AG doesn't want it to. This may be what is going on with the City - they may have found a "loophole" that the think they can jump through to get their way.
    "Gun Free Zones" is where only criminals carry guns.

  3. #18
    Member Array linuss's Avatar
    Join Date
    Aug 2012
    Location
    DFW
    Posts
    303
    Quote Originally Posted by Clodbert View Post
    I would not open carry in the city (or anywhere else ever).

    Good for you. I don't care what you would or would not do, I still have the right to.


    As a concealed carrier, I'm surprised you don't support open carry for one fact: Accidental showing. There are places where even the outline of a firearm can get you arrested because "you didn't hide it well enough", while if an open carry 'law' exist, that can't happen.



    But carry on dictating to me what I should do.
    carracer, AK_Brian and jrclen like this.

  4. #19
    Member Array MJClark's Avatar
    Join Date
    Jan 2013
    Location
    West Michigan
    Posts
    344
    Quote Originally Posted by Mike1956 View Post
    The original post lacks any specificity whatsoever, followed by no clarification.
    Grand Rapids mayor refuses to obey state law | OpenCarry.org

    Here is an article it. There are a few times where I would want to open carry, but according to the City it is illegal.

  5. #20
    Member Array PAPADALE1's Avatar
    Join Date
    Jan 2013
    Location
    Tennessee
    Posts
    322
    I can open carry but chose not to. I like the element of surprise. JMO

  6. #21
    Member Array conefree's Avatar
    Join Date
    Jan 2013
    Location
    PA
    Posts
    51

    Re: City says No Open Carry

    Yeah that and avoiding confrontation with ignorance and 911 calls lol


    Sent from my phone using Dumb Thumbs

  7. #22
    Member Array keboostman's Avatar
    Join Date
    Dec 2008
    Location
    Fairfax Station Virginia
    Posts
    271
    Quote Originally Posted by carracer View Post
    Clod, Keboos... nobody here cares what you think. Talk to the hand...!
    And everyone is waiting with baited breath for your next pearl of wisdom? Why is it on this forum that anyone who expresses a contrary view is often either a "liberal" or someone not worth listening to? I guess I would like to see more back-and-forth discussions and fewer ad hominem attacks. If someone disagrees with my opinion I prefer to know why rather than suffer some personal attack. Too much to ask?

  8. #23
    VIP Member
    Array Mike1956's Avatar
    Join Date
    Sep 2011
    Location
    Marion County, Ohio
    Posts
    11,129
    A bit more in-depth description:
    Heartwell: no guns in public meetings | WOOD TV0
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
    William T. Sherman

  9. #24
    Member Array carracer's Avatar
    Join Date
    Sep 2008
    Location
    Nampa, Id.
    Posts
    403
    Quote Originally Posted by keboostman View Post
    And everyone is waiting with baited breath for your next pearl of wisdom? Why is it on this forum that anyone who expresses a contrary view is often either a "liberal" or someone not worth listening to? I guess I would like to see more back-and-forth discussions and fewer ad hominem attacks. If someone disagrees with my opinion I prefer to know why rather than suffer some personal attack. Too much to ask?
    My next "Pearl of wisdom" comes in the form of a question for you. What drives you to come to the OPEN CARRY subforum, where OPEN carriers gather to discuss the merits, strategies and comforts of our chosen method of carry, to tell us how wrong we are about our methods and that we should all concede that "the element of surprise" is the only tactical advantage worthy of using?

    Please, do tell us once and for all where we go wrong so that all new comers like myself will no longer stir the pot of discontent amongst the Holy Conceal Carriers! I so want to learn the proper way to bow before the almighty permission slip and be accepted as one who hides amongst the sheep. Enlighten me!
    jrclen and Ogre like this.

  10. #25
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    45,141
    There seems to be a few negative comments going back and forth with a few of the members in this thread.
    We all have opinions, and some of them can be very strong opinions, but to use 'cutting remarks' serves no purpose...let's calm it down a bit.
    I've mentioned no names and I have sent no private messages...let's just agree to disagree in a civil manner.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  11. #26
    Member Array carracer's Avatar
    Join Date
    Sep 2008
    Location
    Nampa, Id.
    Posts
    403
    Agreed. My appologies to all and no excuses from me.

    To the OP, I agree with those that mentioned preemption as the way to approach.

    Thank you for carrying, regardless of the method. Carrying is the important thing.

  12. #27
    Member Array MJClark's Avatar
    Join Date
    Jan 2013
    Location
    West Michigan
    Posts
    344
    Quote Originally Posted by carracer View Post
    Agreed. My appologies to all and no excuses from me.

    To the OP, I agree with those that mentioned preemption as the way to approach.

    Thank you for carrying, regardless of the method. Carrying is the important thing.
    A friend has informed me that there is already a lawsuit forming. Apparently the way the language is written, if you CC and have to pull your gun, you will be prosecuted under this Ordinance.

  13. #28
    Member Array JasonJ's Avatar
    Join Date
    Sep 2012
    Location
    MI
    Posts
    263
    Thats BS.. As a fellow Michigander, I should not have to worry about local ordinances pertaining to how I may or may not carry... there are 80+ counties in MI, countless smaller localities and townships and the like.. imagine if they all had their own ordinances and "laws" regarding possession of a firearm!

    State law is state law.. and no local ordinance can violate it nor preempt it.. city will lose any legal battle, further wasting more taxpayer dollars.

  14. #29
    VIP Member
    Array OldVet's Avatar
    Join Date
    Nov 2009
    Location
    S. Florida, north of the Miami mess, south of the Mouse trap
    Posts
    16,947
    Quote Originally Posted by MJClark View Post
    A friend has informed me that there is already a lawsuit forming. Apparently the way the language is written, if you CC and have to pull your gun, you will be prosecuted under this Ordinance.
    Whether this was true or not, and I doubt it is, are you going to roll over and die to avoid being charged? Why carry at all then?
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  15. #30
    VIP Member Array suntzu's Avatar
    Join Date
    Dec 2011
    Location
    TX/NH
    Posts
    5,952
    Wish I lived there. I am retired, have the time, and I would love to be a test case LOL. Maybe some extra spending money after my lawsuit with the city.
    jrclen likes this.
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

    Isaiah 6:8

Page 2 of 4 FirstFirst 1234 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

3 alabama cities create no open carry odinances
,
alabama cities that don't allow open carry
,
cities that do not allow open carry guns in mi
,
mississippi open carry law 2013
,
mississippi open carry laws
,
mississippi open carry laws 2013
,
mississippi open carry permit
,
open carry mi 2013
,
open carry problems in michigan citirs
,

open carry videos lawsuits 2013

,
open-carry videos 2013
,
open-carry videos lawsuits 2013
Click on a term to search for related topics.