MI State Police Firearm FAQ Legal Update - Open Carry LEGAL in MI and other good stuf - Page 3

Cupcake · July 10th, 2008, 08:25 AM

Must be nice to live in the UP, except the black flies and snow...

Al Lowe · July 10th, 2008, 10:16 AM

Quote:

Originally Posted by DaveH

Sort of puts a stop to the claim it is not a registration.

The interesting thing about that, Lansing Police have, as far as I know, never denied that it was registration. In fact, there's a sign over the window you go to at the station that lists what can be done there, among things such as background checks, "Pistol registration."

Kovernm · July 10th, 2008, 10:17 AM

I might be wrong and if I am please let me know.From what I understand the Michigan State law allows open carry, but leaves it up to local goverment bodies to detemine if they want to allow open carry. So one town may allow oc but the next town over (or township) may not.

Cupcake · July 10th, 2008, 10:33 AM

Quote:

Originally Posted by Kovernm

I might be wrong and if I am please let me know.From what I understand the Michigan State law allows open carry, but leaves it up to local goverment bodies to detemine if they want to allow open carry. So one town may allow oc but the next town over (or township) may not.

MCRGO VS. Ferndale: Appeals court holds the michigans pre-emption law is clear that local units of government cannot enforce their own laws that relate to the possession or transportation of firearms.

Kovernm · July 10th, 2008, 10:44 AM

Sweet. Thanks.

Tubby45 · July 10th, 2008, 10:48 AM

Quote:

(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.

(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.

(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.

This is the preemption statute. Section 1 is just definitions, so it's omitted here.

sui-juris · July 10th, 2008, 07:48 PM

You can google the "Michigan State Police Legal update"
The april and May 07 updates discuss open carry in more depth.
The whole deal w/open carry i think is great and I do it from time to time, but I am reminded of a gun forum (the firing line) where wildinalaska (something like that) commented on open carry that paraphrasing "I see few tactical advantages and plenty of political, social disadvantages."

ntkb · August 11th, 2008, 01:34 PM

Quote:

Originally Posted by para owner

I have to disagree with the safety inspection certificates point. My ex-brother in law is the local armorer and training officer for this area and the sheriffs dept. He states that if I loan my weapon(handgun) to a friend I must also give him the inspection certificate. I assume that if the person gets into a situation, where law enforcement has to check the serial numbers or background of the gun, having the inspection certificate will offer proof that he has legal permission by the owner to possess the gun.

This is what really gets me! According to many, (LEOs included) say a cop can’t remember all the laws.

Well which ones are they paying attention to? Only the important ones like parking enforcement?

I have to learn my job to be proficient at it. So why is it that they can haul you in to court waist your and the courts time and somehow it’s OK. It’s not

I had a cop when I first started to carry was making a big issue of my high cap mag. He says this is more than ten rounds. I had to explain that the ten round issue is for manufacture not position or sale. He took the gun and 20 minutes later he comes back from his car and tells me that he knew that as he hands me my equipment.

cphilip · August 11th, 2008, 08:22 PM

As I understand it, this Michigan man had all those printed out too when he got arrested....

West Michigan News from the Grand Haven Tribune a Michigan Newspaper

Seems one town doesn't wish to acknowledge the pre-emption.

Al Lowe · August 11th, 2008, 10:32 PM

Quote:

Originally Posted by cphilip

As I understand it, this Michigan man had all those printed out too when he got arrested....

West Michigan News from the Grand Haven Tribune a Michigan Newspaper

Seems one town doesn't wish to acknowledge the pre-emption.

I see another lawsuit coming. ;)

July 10th, 2008, 08:25 AM	#21
Cupcake VIP Member Join Date: Mar 2007 Location: Michigan Posts: 2,637	Must be nice to live in the UP, except the black flies and snow... __________________ 30lbs gone. www.zerotoathlete.blogspot.com My journey to fitness.

July 10th, 2008, 07:48 PM	#27
sui-juris Member Join Date: Jun 2007 Location: MI Posts: 418	You can google the "Michigan State Police Legal update" The april and May 07 updates discuss open carry in more depth. The whole deal w/open carry i think is great and I do it from time to time, but I am reminded of a gun forum (the firing line) where wildinalaska (something like that) commented on open carry that paraphrasing "I see few tactical advantages and plenty of political, social disadvantages." __________________ " Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master." George Washington

August 11th, 2008, 08:22 PM	#29
cphilip Distinguished Member Join Date: Oct 2006 Location: South Carolina Posts: 1,369	As I understand it, this Michigan man had all those printed out too when he got arrested.... West Michigan News from the Grand Haven Tribune a Michigan Newspaper Seems one town doesn't wish to acknowledge the pre-emption. __________________ www.cphilip.com

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July 10th, 2008, 10:17 AM	#23
Kovernm Member Join Date: Apr 2008 Location: Michigan Posts: 87	I might be wrong and if I am please let me know.From what I understand the Michigan State law allows open carry, but leaves it up to local goverment bodies to detemine if they want to allow open carry. So one town may allow oc but the next town over (or township) may not.

July 10th, 2008, 10:44 AM	#25
Kovernm Member Join Date: Apr 2008 Location: Michigan Posts: 87	Sweet. Thanks.