This is a discussion on City says No Open Carry within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Well, the City I live in says that open carry is now illegal. The Michigan Open Carry Coalition is trying to fight it. I don't ...
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Well, the City I live in says that open carry is now illegal. The Michigan Open Carry Coalition is trying to fight it. I don't have too much interest in OCing, but it is a bit frustrating because I fear that they will then try to further limit places to CC.
What are your thoughts? What would you do.
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I would obey the law. Open carry scares lots of folks. In almost every situation concealed carry is better.
From our friend Gary at US Gunlaw:Originally Posted by suntzu
"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."
Kahn Souphanousinphone, Sr. "I could be manic, could be depressed. Real crapshoot."
I would talk to a lawyer who may want to challenge your city's attempt at breaking state law.
For me, I would not want to make a big deal...I'd keep it CC.
What city are you in? (Former Michigander here...)
PREEMPTION
All regulation of firearms and ammunition is reserved to the state legislature. No local unit of government may regulate firearms or ammunition unless it is expressly declared in state law.
MICH. COMP. LAWS ANN. § 123.1102. Local government firearm regulation prohibited.
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.
"That I cannot do."
"Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks."
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Certified Glock Armorer
NRA Life Member
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MCL 123.1102 specifically states that no local unit of government can regulate firearms. Carry away! If you need any information, Michigan Open Carry is a great resource.
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Be careful, there is a difference between regulation of firearms themselves, and regulating how a person can carry or display them. Think of a car, a local jurisdiction may not be able to outlaw specific cars, but they sure can regulate how they are driven in their community. This law does not state that a local jurisdiction can not regulate how they are carried.
"Gun Free Zones" is where only criminals carry guns.
Not true...
You've missed this part of MI Regs...No local unit of government may regulate firearms or ammunition unless it is expressly declared in state law.
That includes HOW it is carried.
"That I cannot do."
"Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks."
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Certified Glock Armorer
NRA Life Member
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Depends on the stance of the AG. Technically it does not, buy the AG may not allow it under the "intent" of the law, or strictly adhere to the letter and say they can do it.
Sent from my DROID BIONIC using Tapatalk 2
"Gun Free Zones" is where only criminals carry guns.
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it might be time to consider moving away from the city
" A free people ought not only to be armed & disciplined, but they should have sufficient arms & ammo to maintain a status of independence from any who might attempt to abuse them including their own government"
George Washington
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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: http://www.mcrgo.org/mcrgo/view/news...=18&zoneid=100
You are clear to open, concealed, IWB, OWB, or however else you see fit.
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The original post lacks any specificity whatsoever, followed by no clarification.
Kahn Souphanousinphone, Sr. "I could be manic, could be depressed. Real crapshoot."
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