Jblack44
Regular Member
imported post
So i was bored at lunch and came across this section in the local Westland ordinances under public safety ~weapons
[size=[font=Arial]Sec. 62-283. Possession or exhibition.[/font]]
[size=[font=Arial](a)It shall be unlawful for any person to carry any dangerous weapon on or about his person.[/font]]
[size=[font=Arial](b)As used in subsection (a) of this section, the term "dangerous weapon" means:[/font]]
[size=[font=Arial](1)Any firearm;[/font]]
[size=[font=Arial](2)Any knife with a blade which exceeds three inches in length;[/font]]
[size=[font=Arial](3)Any club or karate stick;[/font]]
[size=[font=Arial](4)Any mace or other aerosol repellant;[/font]]
[size=[font=Arial](5)Any gun, pistol or rifle from which can be propelled, by any means, a pellet, BB or other projectile.[/font]]
[size=[font=Arial](6)Any slingshot;[/font]]
[size=[font=Arial](7)Any bow and arrow; or[/font]]
[size=[font=Arial](8)Any starter pistol.[/font]]
[size=[font=Arial](c)No person shall transport or have in his possession in any motor vehicle any firearm, facsimile of a firearm or gun from which can be propelled, by any means, a pellet, BB or other projectile, unless:[/font]]
[size=[font=Arial](1)It is unloaded in both the barrel and the magazine; and[/font]]
[size=[font=Arial](2)It is enclosed in a wrapper or container and contained in the trunk of the automobile; or if the automobile does not have a trunk, the wrapper or container is located where it is not readily accessible to the occupants of the vehicle.[/font]]
[size=[font=Arial](d)No person shall draw, exhibit or brandish a facsimile of a firearm in a threatening, rude or hostile manner with the intent to frighten, harass, vex or annoy another person.[/font]]
[size=[font=Arial](e)As used in this article, the term "facsimile of a firearm" means any device or object made of plastic, wood, metal or other material, which device or object is a facsimile, replica or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or other firearm, including, but not limited to, toy guns, movie and stage props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms or other devices which might reasonably be perceived to be a real firearm.[/font]]
[size=[font=Arial](Code 1981, § 22-100; Ord. No. 109-J-2, § 1, 2-17-98)[/font]]
State law references: Weapons in vehicles, MCL 312.10(g), (h), MSA 13.1339(1)(g), (h).
I know the poice are aware of legal open carry, but it looks like the city hasn't changed the ordinances per pre-emption. I found a "pre- written" letter from Mr Jeffs that I will send if I'm correct on getting this changed
Dear Mayor Wild:
Looking through your ordinances I discovered this one (below). Under the 1990 state preemption law this ordinance is unenforceable in regards to firearm possession and is misleading to the people ofWestland and other citizens. I am requesting you amend this offending ordinance within 90 days. Failure to amend this ordinance would be considered an act of malfeasance as it willfully misinforms the public of what is and is not allowed in the city ofWestland.
Thank You,
Your name here
In 1990, the Michigan legislature enacted MCL 123.1102 which provides, in pertinent part: 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.
THE[/b]MICHIGAN APPEALS COURTCONCLUDED:
April 29, 2003 9:10 am. v No. 242237 MCGRO vs Ferndale.
In sum, we conclude that § 1102 is a statute that specifically imposes a prohibition on local units of government from enacting and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any ordinance or regulation of a local unit of government concerning these areas. ][/b]
[/b]Further, we conclude that the specific language of the 2000 amendments to MCL 28.421 et seq., particularly §§ 5c and 5o, which were adopted more than a decade after the enactment of § 1102, do not repeal § 1102 or otherwise reopen this area to local regulation of the carrying of firearms.17 Accordingly, we hold that the Ferndale ordinance is preempted by state law and, consequently, we reverse. [/b]
City of Westland ORDINANCE in question:
[size=[font=Arial]Sec. 62-283. Possession or exhibition.[/font]]
[size=[font=Arial](a)It shall be unlawful for any person to carry any dangerous weapon on or about his person.[/font]]
[size=[font=Arial](b)As used in subsection (a) of this section, the term "dangerous weapon" means:[/font]]
[size=[font=Arial](1)Any firearm;[/font]]
[size=[font=Arial](2)Any knife with a blade which exceeds three inches in length;[/font]]
[size=[font=Arial](3)Any club or karate stick;[/font]]
[size=[font=Arial](4)Any mace or other aerosol repellant;[/font]]
[size=[font=Arial](5)Any gun, pistol or rifle from which can be propelled, by any means, a pellet, BB or other projectile.[/font]]
[size=[font=Arial](6)Any slingshot;[/font]]
[size=[font=Arial](7)Any bow and arrow; or[/font]]
[size=[font=Arial](8)Any starter pistol.[/font]]
[size=[font=Arial](c)No person shall transport or have in his possession in any motor vehicle any firearm, facsimile of a firearm or gun from which can be propelled, by any means, a pellet, BB or other projectile, unless:[/font]]
[size=[font=Arial](1)It is unloaded in both the barrel and the magazine; and[/font]]
[size=[font=Arial](2)It is enclosed in a wrapper or container and contained in the trunk of the automobile; or if the automobile does not have a trunk, the wrapper or container is located where it is not readily accessible to the occupants of the vehicle.[/font]]
[size=[font=Arial](d)No person shall draw, exhibit or brandish a facsimile of a firearm in a threatening, rude or hostile manner with the intent to frighten, harass, vex or annoy another person.[/font]]
[size=[font=Arial](e)As used in this article, the term "facsimile of a firearm" means any device or object made of plastic, wood, metal or other material, which device or object is a facsimile, replica or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or other firearm, including, but not limited to, toy guns, movie and stage props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms or other devices which might reasonably be perceived to be a real firearm.[/font]]
[size=[font=Arial](Code 1981, § 22-100; Ord. No. 109-J-2, § 1, 2-17-98)[/font]]
[size=State law references:][size= Weapons in vehicles, MCL 312.10(g), (h), MSA 13.1339(1)(g), (h).]
Thank you,
xxxxxx
So i was bored at lunch and came across this section in the local Westland ordinances under public safety ~weapons
[size=[font=Arial]Sec. 62-283. Possession or exhibition.[/font]]
[size=[font=Arial](a)It shall be unlawful for any person to carry any dangerous weapon on or about his person.[/font]]
[size=[font=Arial](b)As used in subsection (a) of this section, the term "dangerous weapon" means:[/font]]
[size=[font=Arial](1)Any firearm;[/font]]
[size=[font=Arial](2)Any knife with a blade which exceeds three inches in length;[/font]]
[size=[font=Arial](3)Any club or karate stick;[/font]]
[size=[font=Arial](4)Any mace or other aerosol repellant;[/font]]
[size=[font=Arial](5)Any gun, pistol or rifle from which can be propelled, by any means, a pellet, BB or other projectile.[/font]]
[size=[font=Arial](6)Any slingshot;[/font]]
[size=[font=Arial](7)Any bow and arrow; or[/font]]
[size=[font=Arial](8)Any starter pistol.[/font]]
[size=[font=Arial](c)No person shall transport or have in his possession in any motor vehicle any firearm, facsimile of a firearm or gun from which can be propelled, by any means, a pellet, BB or other projectile, unless:[/font]]
[size=[font=Arial](1)It is unloaded in both the barrel and the magazine; and[/font]]
[size=[font=Arial](2)It is enclosed in a wrapper or container and contained in the trunk of the automobile; or if the automobile does not have a trunk, the wrapper or container is located where it is not readily accessible to the occupants of the vehicle.[/font]]
[size=[font=Arial](d)No person shall draw, exhibit or brandish a facsimile of a firearm in a threatening, rude or hostile manner with the intent to frighten, harass, vex or annoy another person.[/font]]
[size=[font=Arial](e)As used in this article, the term "facsimile of a firearm" means any device or object made of plastic, wood, metal or other material, which device or object is a facsimile, replica or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or other firearm, including, but not limited to, toy guns, movie and stage props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms or other devices which might reasonably be perceived to be a real firearm.[/font]]
[size=[font=Arial](Code 1981, § 22-100; Ord. No. 109-J-2, § 1, 2-17-98)[/font]]
State law references: Weapons in vehicles, MCL 312.10(g), (h), MSA 13.1339(1)(g), (h).
I know the poice are aware of legal open carry, but it looks like the city hasn't changed the ordinances per pre-emption. I found a "pre- written" letter from Mr Jeffs that I will send if I'm correct on getting this changed
Dear Mayor Wild:
Looking through your ordinances I discovered this one (below). Under the 1990 state preemption law this ordinance is unenforceable in regards to firearm possession and is misleading to the people ofWestland and other citizens. I am requesting you amend this offending ordinance within 90 days. Failure to amend this ordinance would be considered an act of malfeasance as it willfully misinforms the public of what is and is not allowed in the city ofWestland.
Thank You,
Your name here
In 1990, the Michigan legislature enacted MCL 123.1102 which provides, in pertinent part: 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.
THE[/b]MICHIGAN APPEALS COURTCONCLUDED:
April 29, 2003 9:10 am. v No. 242237 MCGRO vs Ferndale.
In sum, we conclude that § 1102 is a statute that specifically imposes a prohibition on local units of government from enacting and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any ordinance or regulation of a local unit of government concerning these areas. ][/b]
[/b]Further, we conclude that the specific language of the 2000 amendments to MCL 28.421 et seq., particularly §§ 5c and 5o, which were adopted more than a decade after the enactment of § 1102, do not repeal § 1102 or otherwise reopen this area to local regulation of the carrying of firearms.17 Accordingly, we hold that the Ferndale ordinance is preempted by state law and, consequently, we reverse. [/b]
City of Westland ORDINANCE in question:
[size=[font=Arial]Sec. 62-283. Possession or exhibition.[/font]]
[size=[font=Arial](a)It shall be unlawful for any person to carry any dangerous weapon on or about his person.[/font]]
[size=[font=Arial](b)As used in subsection (a) of this section, the term "dangerous weapon" means:[/font]]
[size=[font=Arial](1)Any firearm;[/font]]
[size=[font=Arial](2)Any knife with a blade which exceeds three inches in length;[/font]]
[size=[font=Arial](3)Any club or karate stick;[/font]]
[size=[font=Arial](4)Any mace or other aerosol repellant;[/font]]
[size=[font=Arial](5)Any gun, pistol or rifle from which can be propelled, by any means, a pellet, BB or other projectile.[/font]]
[size=[font=Arial](6)Any slingshot;[/font]]
[size=[font=Arial](7)Any bow and arrow; or[/font]]
[size=[font=Arial](8)Any starter pistol.[/font]]
[size=[font=Arial](c)No person shall transport or have in his possession in any motor vehicle any firearm, facsimile of a firearm or gun from which can be propelled, by any means, a pellet, BB or other projectile, unless:[/font]]
[size=[font=Arial](1)It is unloaded in both the barrel and the magazine; and[/font]]
[size=[font=Arial](2)It is enclosed in a wrapper or container and contained in the trunk of the automobile; or if the automobile does not have a trunk, the wrapper or container is located where it is not readily accessible to the occupants of the vehicle.[/font]]
[size=[font=Arial](d)No person shall draw, exhibit or brandish a facsimile of a firearm in a threatening, rude or hostile manner with the intent to frighten, harass, vex or annoy another person.[/font]]
[size=[font=Arial](e)As used in this article, the term "facsimile of a firearm" means any device or object made of plastic, wood, metal or other material, which device or object is a facsimile, replica or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or other firearm, including, but not limited to, toy guns, movie and stage props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms or other devices which might reasonably be perceived to be a real firearm.[/font]]
[size=[font=Arial](Code 1981, § 22-100; Ord. No. 109-J-2, § 1, 2-17-98)[/font]]
[size=State law references:][size= Weapons in vehicles, MCL 312.10(g), (h), MSA 13.1339(1)(g), (h).]
Thank you,
xxxxxx