City says No Open Carry

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; 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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Thread: City says No Open Carry

  1. #1
    Member Array MJClark's Avatar
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    City says No Open Carry

    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.


  2. #2
    VIP Member Array suntzu's Avatar
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    How does pre emption work in Michigan? Can a town overide state law?
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  3. #3
    Member Array Clodbert's Avatar
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    I would not open carry in the city (or anywhere else ever).
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    Member Array keboostman's Avatar
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    I would obey the law. Open carry scares lots of folks. In almost every situation concealed carry is better.

  5. #5
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    Quote Originally Posted by suntzu View Post
    How does pre emption work in Michigan? Can a town overide state law?
    From our friend Gary at US Gunlaw:
    "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."
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  6. #6
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    Array RETSUPT99's Avatar
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    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.
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    Member Array Harry25's Avatar
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    Quote Originally Posted by MJClark View Post
    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.
    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.

  8. #8
    Senior Member Array DMan's Avatar
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    Quote Originally Posted by Harry25 View Post
    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.
    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.

  9. #9
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    Quote Originally Posted by DMan View Post
    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.
    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.
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  10. #10
    Senior Member Array DMan's Avatar
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    Re: City says No Open Carry

    Quote Originally Posted by retsupt99 View Post
    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.
    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.


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    "Gun Free Zones" is where only criminals carry guns.

  11. #11
    Member Array DSRTEAGLE357's Avatar
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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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    Member Array Harry25's Avatar
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    Quote Originally Posted by DMan View Post
    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
    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.

  13. #13
    Member Array Qtip's Avatar
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    This city is clearly breaking state law, and if they don't comply, they need to have their budget broken. Simple as that.
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  14. #14
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    The original post lacks any specificity whatsoever, followed by no clarification.
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    Member Array carracer's Avatar
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    Clod, Keboos... nobody here cares what you think. Talk to the hand...!
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